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Serviços - 194015-2016

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08/06/2016    S109

Portugal-Lisbon: Operation of a canteen and a cafeteria for the European Maritime Safety Agency (EMSA) and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)

2016/S 109-194015

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Official name: European Maritime Safety Agency
Postal address: Cais Do Sodré
Town: Lisbon
Postal code: 1249-206
Country: Portugal
For the attention of: Mr Steven Dunlop
E-mail: CPNEG112016@emsa.europa.eu
Fax: +351 211209490

Internet address(es):

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

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:
The above mentioned contact point(s)

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: yes

Official name: European Monitoring Centre for Drugs and Drug Addiction
Postal address: Praça Europa
Town: Lisbon
Postal code: 1249-289
Country: Portugal

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Operation of a canteen and a cafeteria for the European Maritime Safety Agency (EMSA) and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA).
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 17: Hotel and restaurant services

NUTS code PT171 Grande Lisboa

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves a public contract
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)
The European Maritime Safety Agency (EMSA) together with the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) are launching an invitation to apply in order to select suitable service providers to supply cafeteria and canteen services at the EMSA and the EMCDDA premises, located at Praça Europa in Lisbon, Portugal. This procurement procedure consists of 2 phases: ‘application phase’ and ‘tender phase’.
In phase I, referred to as the application phase, economic entities are invited to submit an application to the competitive procedure with negotiation in accordance with the rules set out in the invitation to apply and its associated enclosures.
Following that, a list of preselected candidates shall be drawn up according to the criteria set out in the contract notice, the invitation to apply and in these tender specifications. Preselected candidates shall be invited to submit a full offer in phase II, referred to as the tender phase.
Inclusion of a company or grouping on the list of preselected candidates will not entail any obligation on the part of the Agency concerning either the award of the contract or concerning invitations to submit a tender. It should be noted that, in the tender documents, any mentioning of the terms ‘candidates’ or ‘applications’ is in reference to phase I of the procedure and any mention of the terms ‘tender’ or ‘tenderers’ is in reference to phase II.
Lot 1: for the concession contract for cafeteria services for EMSA, the estimated date for signature of the contract is September 2016 with the provision of services to begin in January 2017.
Lot 2: for the concession contract for the Palacete canteen, the estimated date for signature of the contract is September 2016 with the provision of services to begin in January 2017.
Both concession contracts shall be initially awarded for a duration of 12 months, with possible renewal up to 3 times, each renewal shall have a maximum duration of 12 months. For both contracts, termination of the contract by the service provider shall be subject to a notice period of 6 months. The implementation of the contracts may not start before the date on which the associated contract enters into force.
II.1.6)Common procurement vocabulary (CPV)

55321000 Meal-preparation services, 55320000 Meal-serving services, 55300000 Restaurant and food-serving services, 55510000 Canteen services, 55410000 Bar management services

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: yes
Tenders may be submitted for one or more lots
II.1.9)Information about variants
Variants will be accepted: yes
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
The aim of this procurement procedure is to conclude 2 concession contracts, 1 to be signed between EMSA and the selected service provider covering the provision of cafeteria services at EMSA premises (lot 1) and a second concession contract to be signed between the EMCDDA and the selected service provider covering the provision of canteen services in the Palacete building (lot 2). Interested companies may apply for 1 or both lots. Lot 1: in total, EMSA and EMCDDA currently have around 350 staff members. The staff members and visitors shall pay directly to the service provider.
Lot 2: in total, EMSA and EMCDDA currently have around 350 staff members. The staff members and visitors shall pay directly to the service provider.
Apart from the staff members, during the year, both Agencies organise a considerable number of meetings at their premises. Therefore, due to the fact that the participants are invited to use Palacete canteen, the number of people served may increase substantially at such times and the service provider shall be informed of upcoming meetings in advance.
Lot 1 — EMSA: 500 000 EUR.
Lot 2 — EMCDDA: 80 000 EUR.
Estimated value excluding VAT: 0 EUR
II.2.2)Information about options
Options: yes
Description of these options: Please note that the sample list corresponds to the main type of food options requested which are established in order to evaluate the proposals on an equal basis. The supplier is welcome to provide other options in addition to these. A sample price list of the products proposed shall be provided, using the table ‘EMSA cafeteria price list — lot 1’, annexed to the tender specifications. For the purpose of the evaluation, the tenderers are requested to fill in the sample price list of products proposed to be offered for these services using the table ‘EMCDDA canteen/bar price list — lot 2’. The price list includes the most commonly ordered meals and shall be used for evaluation purposes.
In addition, the tenderers are invited to include in their offer a list of additional items and their prices which they shall be able to provide if ordered.
II.2.3)Information about renewals
This contract is subject to renewal: yes
Number of possible renewals: 3
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 12 (from the award of the contract)
II.3)Duration of the contract or time limit for completion
Duration in months: 12 (from the award of the contract)

Information about lots

Lot No: 1 Lot title: Concession contract managed by EMSA for the provision of cafeteria services for EMSA and EMCDDA staff members and visitors/guests at the EMSA building located in Praça Europa, Lisbon
1)Short description
The cafeteria and adjoining terrace are located on the third floor of the EMSA building.
Cafeteria services should be available from 8:00 until 17:00. Light meals, as indicated below, should be served from 12:00 to 14:30. The cafeteria shall be open on all working days of the Agency, the public holidays for the Agencies for 2017 are provided in Annex I to the TS. The current layout and measurements of the cafeteria food preparation and serving areas can be found in Annex II to the TS.
2)Common procurement vocabulary (CPV)

55320000 Meal-serving services, 55330000 Cafeteria services, 55400000 Beverage-serving services

3)Quantity or scope
Lot 1: in total, EMSA and EMCDDA currently have around 350 staff members. The staff members and visitors shall pay directly to the service provider.
Estimated value excluding VAT: 0 EUR
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots
Lot No: 2 Lot title: Concession contract managed by the EMCDDA for the provision of canteen and bar services for EMSA and EMCDDA staff members and visitors/guests at the Palacete building, located in Praça Europa, Lisbon
1)Short description
The service to be provided at the Palacete building is the supply of breakfasts and lunches, prepared in full accordance with applicable national hygiene rules and legislation, using high-quality products. The prepared meals will be served to both Agencies' staff members, their guests and visitors.
2)Common procurement vocabulary (CPV)

55320000 Meal-serving services, 55300000 Restaurant and food-serving services, 55321000 Meal-preparation services, 55322000 Meal-cooking services, 55400000 Beverage-serving services, 55510000 Canteen services, 55410000 Bar management services

3)Quantity or scope
Lot 2: in total, EMSA and EMCDDA currently have around 350 staff members. The staff members and visitors shall pay directly to the service provider.
Estimated value excluding VAT: 0 EUR
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Payments shall be made in accordance with the provisions of the draft service concession contracts available on the ‘Procurement’ Section under the call to tender EMSA/CPNEG/11/2016 on the EMSA website at the following address: http://www.emsa.europa.eu

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

When submitting their application/bid, applicants/tenderers are requested to complete and enclose the legal entity form and requested accompanying documentation, available on the ‘Procurement’ Section (legal entity form) on the EMSA website at the following address: http://www.emsa.europa.eu

Groupings, irrespective of their legal form, may submit applications/bids. Applicants/tenderers may, after forming a grouping, submit a joint application/bid on condition that it complies with the rules of competition. Such groupings (or consortia) must specify the company or person heading the project and must also submit a copy of the document authorising this company or person to submit an application/bid.
Each member of the consortium must provide the required evidence for the exclusion and selection criteria. The exclusion criteria will be assessed in relation to each economic operator individually. Concerning the selection criteria, the evidence provided by each member of the consortium will be checked to ensure that the consortium as a whole fulfils the criteria.
If awarded, the contract will be signed by the person authorised by all members of the consortium. Tenders from consortia of firms or groups of service providers, contractors or suppliers must specify the role, qualifications and experience of each member or group.
If the applicant/tenderer intends to either subcontract part of the work or realise the work in cooperation with other partners he shall indicate in his offer which part will be subcontracted, as well as the name and qualifications of the subcontractor or partner. It should be noted that the overall responsibility for the work remains with the tenderer. The tenderer must provide required evidence for the exclusion and selection criteria on its own behalf and, when applicable, on behalf of its subcontractors. The evidence for the selection criteria on behalf of subcontractors must be provided where the applicant/tenderer relies on the capacities of subcontractors to fulfil selection criteria. The exclusion criteria will be assessed in relation to each economic operator individually. Concerning the selection criteria, the evidence provided will be checked to ensure that the applicant/tenderer and its subcontractors as a whole fulfil the criteria.
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: To be eligible to participate in this contract award procedure, an applicant/ tenderer must not be in any of the following exclusion situations:
a) it is bankrupt, subject to insolvency or winding-up procedures, its assets are being administered by a liquidator or by a court, it is in an arrangement with creditors its business activities are suspended or it is in any analogous situation arising from a similar procedure provided for under national legislation or regulations;
b) it is subject to a final judgement or a final administrative decision establishing that it 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 is subject to a final judgement or a final administrative decision establishing that it is guilty of grave professional misconduct by having violated applicable laws or regulations or ethical standards of the profession to which the person 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 persons 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 award procedure;
v. attempting to obtain confidential information that may confer upon it undue advantages in the award procedure;
d) it is subject to a final judgement establishing that the person is guilty of any of the following:
i. fraud;
ii. corruption;
iii. participation in a criminal organisation;
iv. money laundering or terrorist financing;
v. terrorist-related offences or offences linked to terrorist activities;
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 person has shown significant deficiencies in complying with the main obligations in the performance of a contract financed by the Union's 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 is subject to a final judgement or a final administrative decision establishing that the person has committed an irregularity within the meaning of Article 1(2) of Council Regulation (EC, Euratom) No 2988/95;
g) for the situations of grave professional misconduct, fraud, corruption, other criminal offences, significant deficiencies in the performance of the contract or irregularity, the applicant is subject to:
i. 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 an authorising officer of an EU institution, of a European office or of an EU agency or body;
ii. 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;
iii. decisions of the ECB, the EIB, the European Investment Fund or international organisations;
iv. 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; or decisions of exclusion by an authorising officer of an EU institution, of a European office or of an EU agency or body.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: Extract from relevant professional or trade register.
Authorisation to perform the contract in the country of establishment.
For lot 1 (EMSA):
a) financial statements or their extracts for the last 3 years for which accounts have been closed;
b) statement of the overall turnover and, where appropriate, turnover relating to the relevant services for the last 3 financial years available;
c) candidates are exempt from submitting the documentary evidence if such evidence has already been completed and sent to EMSA for the purpose of another procurement procedure and still complies with the requirements. In this case the candidate should simply indicate on the cover letter the procurement procedure where the evidence has been provided;
d) if, for some exceptional reason which EMSA considers justified, a candidate is unable to provide 1 or other of the above documents, he may prove its economic and financial capacity by any other document which EMSA considers appropriate. In any case, EMSA must at least be notified of the exceptional reason and its justification in the tender. EMSA reserves the right to request at any moment during the procedure any other document enabling it to verify the tenderer's economic and financial capacity.
For lot 2 (EMCDDA):

To prove their financial and economic capacity, candidates are requested to submit, with their tender, the ‘financial capacity form’, available on the ‘Procurement’ Section on the EMSA website (www.emsa.europa.eu), for the last 2 financial years (1 form for each year) for which accounts have been closed, where publication of the balance sheet is required under the company law of the country in which the tenderer is established.

Minimum level(s) of standards possibly required: The candidates must have the legal and regulatory capacity to pursue the professional activity needed for performing the contract. The candidate must be enrolled in a relevant professional or trade register.
The candidate must hold a particular authorisation proving that it is authorised to perform the contract in its country of establishment.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
Candidates are required to provide:
— a list of the main provided services in the past 3 years with corresponding dates and customers with an indication if they are private or public,
— a description of the dishes, cutlery, glasses, technical equipment, tools and materials to be used in order to provide services to EMSA/EMCDDA,
— a description of the foreseen procedures in order to ensure the quality of the services to be provided (in particular, rules and procedures concerning hygiene, health and security aspects),
— qualification and experience of the proposed chef,
— qualification and experience of the proposed manager,
— evidence of previous experience in providing similar services to those requested under lot 1 and of the provision of services in a restaurant of at least 100 places for lot 2,
— if applicable, a list of subcontracting companies and a description of the responsibilities.
Minimum level(s) of standards possibly required:
The candidate must have technical and professional capacity to perform the contract. The candidates shall provide evidence of expertise in the field of canteen/cafeteria services.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: yes

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Negotiated
Some candidates have already been selected (if appropriate under certain types of negotiated procedures) no
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
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated no
IV.2)Award criteria
IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated below

1. Quality. Weighting 50

2. Price. Weighting 50

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:
EMSA/CPNEG/11/2016.
IV.3.2)Previous publication(s) concerning the same contract
no
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
11.7.2016 - 16:00
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
IV.3.8)Conditions for opening of tenders

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
Tasting session:
A tasting session to assess a list of selected products shall be conducted for those tenderers that submit an offer in phase II. The tasting session is foreseen to take place during early September 2016 and the tenderers shall be informed about the dates and schedule in due time.
At the tasting, tenderers shall present examples of the products they propose for each lot on the basis of those referred to under 3.1.1 and 3.1.2 of the tender specifications.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Official name: General Court of the European Union
Postal address: rue du Fort Niedergrünewald
Town: Luxembourg
Postal code: 2529
Country: Luxembourg
E-mail: generalcourt.registry@curia.europa.eu
Telephone: +352 433766
Fax: +352 433766

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:
27.5.2016