Supplies - 14425-2016

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16/01/2016    S11    European Parliament - Supplies - Contract notice - Open procedure 

Belgium-Brussels: Invitation to tender No 06A50/2015/M078 — Supply of keys for European Parliament buildings in Brussels — Supply and installation of lock cylinders for European Parliament buildings in Brussels

2016/S 011-014425

Contract notice

Supplies

Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

European Parliament
rue Wiertz 60
For the attention of: unité des contrats et marchés publics
1047 Bruxelles
Belgium
E-mail: INLO.AO-BRU@ep.europa.eu

Internet address(es):

General address of the contracting authority: http://europarl.europa.eu

Electronic access to information: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=1181

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: European Parliament
rue Wiertz 60
For the attention of: bureau MTY 08R003
1047 Bruxelles
Belgium

I.2)Type of the contracting authority
European institution/agency or international organisation
I.3)Main activity
General public services
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Invitation to tender No 06A50/2015/M078 — Supply of keys for European Parliament buildings in Brussels — Supply and installation of lock cylinders for European Parliament buildings in Brussels.
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Main site or location of works, place of delivery or of performance: Brussels.
NUTS code
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement
Framework agreement with a single operator

Duration of the framework agreement

Duration in years: 4
II.1.5)Short description of the contract or purchase(s)
Supply of keys for European Parliament buildings in Brussels.
Supply and installation of lock cylinders for European Parliament buildings in Brussels.
II.1.6)Common procurement vocabulary (CPV)

44316500

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): no
II.1.8)Lots
This contract is divided into lots: no
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion
Duration in months: 48 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
An irrevocable, unconditional guarantee, payable on first demand, for an amount of 40 000 EUR shall be set up before the first request for payment is made. This guarantee shall be evidenced by a letter of guarantee issued by a bank, financial institution or third party approved by the European Parliament's accounts officer.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
The European Parliament will have 30 calendar days in which to pay the sums owed under the contract.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Participation in this invitation to tender procedure is open on equal terms to all natural persons, legal entities and public bodies falling within the scope of the treaties — particularly those from a Member State of the European Union — and to all natural persons, legal entities and public bodies of non-member countries which have entered into a special agreement with the European Union in the public procurement field, under the conditions laid down by this agreement.
Groupings of economic operators may tender if their members are jointly and severally liable.
This may involve an entity with or without legal personality: a consortium, a private agreement or any other appropriate form of cooperation.
Prior to contract signature, the European Parliament reserves the right to request that the grouping awarded the contract assume a specific legal form if this is necessary for satisfactory performance of the contract.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: no
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if the requirements are met: reminder of the exclusion criteria — Articles 106 and 107 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25.10.2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002:
'Article 106 — Exclusion criteria and administrative sanctions:
1. The contracting authority shall exclude an economic operator from participating in procurement procedures governed by this Regulation where:
(a) the economic operator is bankrupt, subject to insolvency or winding-up procedures, where its assets are being administered by a liquidator or by a court, where it is in an arrangement with creditors, where its business activities are suspended, or where it is in any analogous situation arising from a similar procedure provided for under national laws or regulations;
(b) it has been established by a final judgment or a final administrative decision that the economic operator is in breach of its obligations relating to the payment of taxes or social security contributions in accordance with the law of the country in which it is established, with those of the country in which the contracting authority is located or those of the country of the performance of the contract;
(c) it has been established by a final judgment or a final administrative decision that the economic operator is guilty of grave professional misconduct by having violated applicable laws or regulations or ethical standards of the profession to which the economic operator belongs, or by having engaged in any wrongful conduct which has an impact on its professional credibility where such conduct denotes wrongful intent or gross negligence, including, in particular, any of the following:
(i) fraudulently or negligently misrepresenting information required for the verification of the absence of grounds for exclusion or the fulfilment of selection criteria or in the performance of a contract;
(ii) entering into agreement with other economic operators with the aim of distorting competition;
(iii) violating intellectual property rights;
(iv) attempting to influence the decision-making process of the contracting authority during the procurement procedure;
(v) attempting to obtain confidential information that may confer upon it undue advantages in the procurement procedure;
(d) it has been established by a final judgment that the economic operator is guilty of any of the following:
(i) fraud, within the meaning of Article 1 of the Convention on the protection of the European Communities' financial interests, drawn up by the Council Act of 26.7.1995;
(ii) corruption, as defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, drawn up by the Council Act of 26.5.1997, and in Article 2(1) of Council Framework Decision 2003/568/JHA, as well as corruption as defined in the law of the country where the contracting authority is located, the country in which the economic operator is established or the country of the performance of the contract;
(iii) participation in a criminal organisation, as defined in Article 2 of Council Framework Decision 2008/841/JHA;
(iv) money laundering or terrorist financing, as defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council;
(v) terrorist-related offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA, respectively, or inciting, aiding, abetting or attempting to commit such offences, as referred to in Article 4 of that Decision;
(vi) child labour or other forms of trafficking in human beings as defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council;
(e) the economic operator has shown significant deficiencies in complying with main obligations in the performance of a contract financed by the budget, which has led to its early termination or to the application of liquidated damages or other contractual penalties, or which has been discovered following checks, audits or investigations by an authorising officer, OLAF or the Court of Auditors;
(f) it has been established by a final judgment or final administrative decision that the economic operator has committed an irregularity within the meaning of Article 1(2) of Council Regulation (EC, Euratom) No 2988/95.
2. In the absence of a final judgment or, where applicable, a final administrative decision in the cases referred to in points (c), (d) and (f) of paragraph 1, or in the case referred to in point (e) of paragraph 1, the contracting authority shall exclude an economic operator on the basis of a preliminary classification in law of a conduct referred to in those points, having regard to established facts or other findings contained in the recommendation of the panel referred to in Article 108.
The preliminary classification referred to in the first subparagraph does not prejudge the assessment of the conduct of the economic operator concerned by the competent authorities of the Member States under national law. The contracting authority shall review its decision to exclude the economic operator and/or to impose a financial penalty on it without delay following the notification of a final judgment or a final administrative decision. In cases where the final judgment or the final administrative decision does not set the duration of the exclusion, the contracting authority shall set this duration on the basis of established facts and findings and having regard to the recommendation of the panel referred to in Article 108.
Where such final judgment or final administrative decision holds that the economic operator is not guilty of the conduct subject to a preliminary classification in law, on the basis of which it has been excluded, the contracting authority shall, without delay, bring an end to that exclusion and/or reimburse, as appropriate, any financial penalty imposed.
The facts and findings referred to in the first subparagraph shall include, in particular:
(a) facts established in the context of audits or investigations carried out by the Court of Auditors, OLAF or internal audit, or any other check, audit or control performed under the responsibility of the authorising officer;
(b) non-final administrative decisions which may include disciplinary measures taken by the competent supervisory body responsible for the verification of the application of standards of professional ethics;
(c) decisions of the ECB, the EIB, the European Investment Fund or international organisations;
(d) decisions of the Commission relating to the infringement of the Union's competition rules or of a national competent authority relating to the infringement of Union or national competition law.
3. Any decision of the contracting authority taken under Articles 106 to 108 or, where applicable, any recommendation of the panel referred to in Article 108, shall be made in compliance with the principle of proportionality and in particular taking into account the seriousness of the situation, including the impact on the Union's financial interests and image, the time which has elapsed since the relevant conduct, its duration and its recurrence, the intention or degree of negligence, the limited amount at stake for point (b) of paragraph 1 of this Article or any other mitigating circumstances, such as the degree of collaboration of the economic operator with the relevant competent authority and its contribution to the investigation as recognised by the contracting authority, or the disclosure of the exclusion situation by means of the declaration referred to in paragraph 10 of this Article.
4. The contracting authority shall exclude the economic operator where a person who is a member of the administrative, management or supervisory body of that economic operator, or who has powers of representation, decision or control with regard to that economic operator, is in 1 or more of the situations referred to in points (c) to (f) of paragraph 1.
The contracting authority shall also exclude the economic operator where a natural or legal person that assumes unlimited liability for the debts of that economic operator is in 1 or more of the situations referred to in point (a) or (b) of paragraph 1.
5. Where the budget is implemented under indirect management with third countries, the Commission may, having regard, where applicable, to the recommendation of the panel referred to in Article 108, take an exclusion decision and/or impose a financial penalty under the conditions set out in this Article, following the failure of the third country entrusted pursuant to point (c) of Article 58(1) to do so. This shall not affect the responsibility, under Article 60(3), of the third country to prevent, detect, correct and notify irregularities and fraud, or to take an exclusion decision or to impose financial penalties.
6. In the cases referred to in paragraph 2 of this Article, the contracting authority may exclude an economic operator provisionally without the prior recommendation of the panel referred to in Article 108, where the participation of the economic operator concerned in a procurement procedure would constitute a serious and imminent threat to the Union's financial interests. In such cases, the contracting authority shall immediately refer the case to the panel and shall take a final decision no later than 14 days after having received the recommendation of the panel.
7. The contracting authority, having regard, where applicable, to the recommendation of the panel referred to in Article 108, shall not exclude an economic operator from participating in a procurement procedure where:
(a) the economic operator has taken remedial measures specified in paragraph 8 of this Article, thus demonstrating its reliability. This point shall not apply in the case referred to in point (d) of paragraph 1 of this Article;
(b) it is indispensable to ensure the continuity of service, for a limited duration and pending the adoption of remedial measures specified in paragraph 8 of this Article;
(c) such an exclusion would be disproportionate on the basis of the criteria referred to in paragraph 3 of this Article.
In addition, point (a) of paragraph 1 of this Article shall not apply in the case of the purchase of supplies on particularly advantageous terms from either a supplier which is definitively winding up its business activities or the liquidators in an insolvency procedure, an arrangement with creditors, or a similar procedure under national law.
In the cases of non-exclusion referred to in the first and second subparagraphs of this paragraph, the contracting authority shall specify the reasons for not excluding the economic operator and inform the panel referred to in Article 108 of those reasons.
8. The measures referred to in paragraph 7, which remedy the exclusion situation may include, in particular:
(a) measures to identify the origin of the situations giving rise to exclusion and concrete technical, organisational and personnel measures within the relevant business area of the economic operator, appropriate to correct the conduct and prevent its further occurrence;
(b) proof that the economic operator has undertaken measures to compensate or redress the damage or harm caused to the Union's financial interests by the underlying facts giving rise to the exclusion situation;
(c) proof that the economic operator has paid or secured the payment of any fine imposed by the competent authority or of any taxes or social security contributions referred to in point (b) of paragraph 1.
9. The contracting authority, having regard, where applicable, to the revised recommendation of the panel referred to in Article 108, shall, without delay, revise its decision to exclude an economic operator ex officio or on request from that economic operator, where the latter has taken remedial measures sufficient to demonstrate its reliability or has provided new elements demonstrating that the exclusion situation referred to in paragraph 1 of this Article no longer exists.
10. A candidate or tenderer shall declare, at the moment of submitting the request to participate or the tender, whether it is in 1 of the situations referred to in paragraph 1 of this Article or in Article 107(1), and, where applicable, whether it has taken any remedial measures referred to in point (a) of paragraph 7 of this Article. Where appropriate, the candidate or tenderer shall provide the same declaration signed by an entity on whose capacity it intends to rely. However, the contracting authority may waive these requirements for very low value contracts to be defined in the delegated acts adopted pursuant to Article 210.
11. Whenever requested by the contracting authority and where this is necessary to ensure the proper conduct of the procedure, the candidate or tenderer, as well as the entity on whose capacity the candidate or tenderer intends to rely, shall provide:
(a) appropriate evidence that the candidate, tenderer or entity is not in 1 of the exclusion situations referred to in paragraph 1;
(b) information on persons that are members of the administrative, management or supervisory body of the candidate, tenderer or entity or that have powers of representation, decision or control with regard to that candidate, tenderer or entity and appropriate evidence that 1 or several of those persons are not in 1 of the exclusion situations referred to in points (c) to (f) of paragraph 1;
(c) appropriate evidence that natural or legal persons that assume unlimited liability for the debts of that candidate, tenderer or entity are not in an exclusion situation referred to in point (a) or (b) of paragraph 1.
12. The contracting authority may also apply paragraphs 1 to 11 to a subcontractor.
In such a case, the contracting authority shall require that a candidate or tenderer replaces a subcontractor or an entity on whose capacity the candidate or tenderer intends to rely, which is in an exclusion situation.
13. In order to ensure a deterrent effect, the contracting authority may, having regard, where applicable, to the recommendation of the panel referred to in Article 108, impose a financial penalty on an economic operator who has attempted to obtain access to Union funds by participating or requesting to participate in a procurement procedure while being, without having declared it in accordance with paragraph 10 of this Article, in 1 of the following exclusion situations:
(a) regarding the situations referred to in points (c), (d), (e) and (f) of paragraph 1 of this Article, as an alternative to a decision to exclude the economic operator, where such an exclusion would be disproportionate on the basis of the criteria referred to in paragraph 3 of this Article;
(b) regarding the situations referred to in points (c), (d) and (e) of paragraph 1 of this Article, in addition to an exclusion which is necessary to protect the Union's financial interests, where the economic operator has adopted a systemic and recurrent conduct with the intention to unduly obtain Union funds.
The amount of the financial penalty shall represent between 2 % and 10 % of the total value of the contract.
14. The duration of exclusion shall not exceed any of the following:
(a) the duration, if any, set by the final judgement or the final administrative decision of a Member State;
(b) 5 years for the cases referred to in point (d) of paragraph 1;
(c) 3 years for the cases referred to in points (c), (e) and (f) of paragraph 1.
An economic operator shall be excluded as long as it is in 1 of the situations referred to in points (a) and (b) of paragraph 1.
15. The limitation period to exclude and/or impose financial penalties on an economic operator shall be 5 years calculated from any of the following:
(a) the date of the conduct giving rise to exclusion or, in the case of continued or repeated acts, the date on which the conduct ceases, in the cases referred to in points (b), (c), (d) and (e) of paragraph 1 of this Article;
(b) the date of the final judgment of a national jurisdiction or of the final administrative decision in the cases referred to in points (b), (c) and (d) of paragraph 1 of this Article.
The limitation period shall be interrupted by an act of the Commission, OLAF, the panel referred to in Article 108 or of any entity involved in the implementation of the budget, notified to the economic operator and relating to investigations or judicial proceedings. A new limitation period shall begin to run on the day following the interruption.
For the purpose of point (f) of paragraph 1 of this Article, the limitation period to exclude and/or impose financial penalties on an economic operator provided for in Article 3 of Council Regulation (EC, Euratom) No 2988/95 shall apply.
Where the conduct of the economic operator qualifies under several of the grounds listed in paragraph 1 of this Article, the limitation period of the most serious of those grounds shall apply.
16. In order to, where necessary, reinforce the deterrent effect of the exclusion and/or financial penalty, the Commission shall, subject to a decision of the contracting authority, publish on its internet site the following information related to the exclusion and, where applicable, the financial penalty in the cases referred to in points (c), (d), (e) and (f) of paragraph 1 of this Article:
(a) the name of the economic operator concerned;
(b) the exclusion situation by reference to paragraph 1 of this Article;
(c) the duration of the exclusion and/or the amount of the financial penalty.
Where the decision on the exclusion and/or financial penalty has been taken on the basis of a preliminary classification as referred to in paragraph 2 of this Article, the publication shall indicate that there is no final judgment or, where applicable, final administrative decision. In those cases, information about any appeals, their status and their outcome, as well as any revised decision of the contracting authority, shall be published without delay. Where a financial penalty has been imposed, the publication shall also indicate whether that penalty has been paid.
The decision to publish the information is taken by the contracting authority either following the relevant final judgment or, where applicable, final administrative decision, or following the recommendation of the panel referred to in Article 108, as the case may be. That decision shall take effect 3 months after its notification to the economic operator.
The information published shall be removed as soon as the exclusion has come to an end. In the case of a financial penalty, the publication shall be removed 6 months after payment of that penalty.
In accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council, where personal data is concerned, the contracting authority shall inform the economic operator of its rights under the applicable data protection rules and of the procedures available for exercising those rights.
17. The information referred to in paragraph 16 of this Article shall not be published in any of the following circumstances:
(a) where it is necessary to preserve the confidentiality of an investigation or of national judicial proceedings;
(b) where publication would cause disproportionate damage to the economic operator concerned or would otherwise be disproportionate on the basis of the proportionality criteria set out in paragraph 3 of this Article and to the amount of the financial penalty;
(c) where a natural person is concerned, unless the publication of personal data is exceptionally justified, inter alia, by the seriousness of the conduct or its impact on the Union's financial interests. In such cases, the decision to publish the information shall duly take into consideration the right to privacy and other rights provided for in Regulation (EC) No 45/2001 of the European Parliament and of the Council.
18. The Commission shall be empowered to adopt delegated acts in accordance with Article 210 concerning detailed rules on the content of the declaration referred to in paragraph 10 of this Article, on the evidence referred to in point (a) of paragraph 11 of this Article, that an economic operator is not in 1 of the exclusion situations, including by reference to the European Single Procurement Document as provided for in Article 59(2) of Directive 2014/24/EU of the European Parliament and of the Council, and on the situations in which the contracting authority may or may not require the submission of such a declaration or evidence.
Article 107 — Rejection from a given procurement procedure:
1. The contracting authority shall not award a contract for a given procurement procedure to an economic operator who:
(a) is in an exclusion situation established in accordance with Article 106;
(b) has misrepresented the information required as a condition for participating in the procedure or has failed to supply that information;
(c) was previously involved in the preparation of procurement documents where this entails a distortion of competition that cannot be remedied otherwise.
2. Before taking a decision to reject an economic operator from a given procurement procedure, the contracting authority shall give the economic operator the opportunity to submit its observations, unless the rejection has been justified in accordance with point (a) of paragraph 1 by an exclusion decision taken with regard to the economic operator, following an examination of its observations.
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 210 concerning detailed rules on the measures to avoid distortion of competition and on the declaration and evidence that an economic operator is not in 1 of the situations listed in paragraph 1 of this Article.'
(…)
Tenderers must submit the required supporting documents under the provisions of the invitation to tender documents.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: tenderers must submit the required supporting documents under the provisions of the invitation to tender documents.
Minimum level(s) of standards possibly required: the tenderer must provide proof of a minimum annual turnover of 800 000 EUR for the past 3 financial years for which accounts have been closed at the date of publication of the contract notice.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
tenderers must submit the required supporting documents under the provisions of the invitation to tender documents.
Minimum level(s) of standards possibly required:
the tenderer must provide proof of entry on the trade register with an object related to the one under this contract.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Open
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria
IV.2.1)Award criteria
Lowest price
IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
06A50/2014/M078.
IV.3.2)Previous publication(s) concerning the same contract
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
7.3.2016 - 17:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
Any EU official language
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
in days: 180 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tenders
Date: 14.3.2016 - 9:30

Place:

rue Montoyer 70, Bruxelles, BELGIUM.

Persons authorised to be present at the opening of tenders: yes
Additional information about authorised persons and opening procedure: 1 representative per tenderer.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information
The European Parliament will organise a site visit to take place on 9.2.2016 (10:00).
The meeting point is set at the entrance to the accreditation centre of the Altiero Spinelli Building in Brussels (see the map appended to the administrative clauses).
Up to 2 representatives per company may attend.

In order to prepare your access pass, please provide by e-mail (preferably) to the following address: inlo.ao-bru@ep.europa.eu

or by post to the following address: European Parliament, direction générale des infrastructures et de la logistique, unité des contrats et marchés publics, bureau MTY 08R003, rue Wiertz 60, 1047 Bruxelles, BELGIUM,
the following information at least 2 working days before the visit:
— official name of your company,
— e-mail address of your company,
— name, title, identity card number and date of birth of all those participating in the visit.
Your representatives must carry a valid form of identification.
NB: failure to communicate the information requested above in good time might lead to the security services of the European Parliament refusing access to the tenderer's representatives.
Registration for the site visit will be confirmed by e-mail or fax.
Any travel costs relating to the site visit are to be borne by tenderers and will not be reimbursed by the European Parliament.
Participation in the site visit is mandatory: only those who attended will be permitted to tender. Signature in the attendance register will serve as proof of participation.

The full tender documents can be downloaded from the following link: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=1181

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:
6.1.2016