Section II: Object of the contract
II.1.1)Title attributed to the contract by the contracting authority:
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, Strasbourg, Luxembourg.
NUTS code BE10 Région de Bruxelles-Capitale / Brussels Hoofdstedelijk Gewest,FR421 Bas-Rhin,LU00 Luxembourg (Grand-Duché)
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 agreementDuration in years: 5
Justification for a framework agreement, the duration of which exceeds four years: The duration of the framework contract shall be 2 years with the possibility of 2 tacit extensions of 1 additional year each. Under exceptional circumstances, the framework contract might be renewed for an additional period of 1 year. Performance of the contract shall not begin until the framework contract is signed. Any renewal of the contract shall take place in accordance with the terms laid down in the contract.
Estimated total value of purchases for the entire duration of the framework agreementEstimated value excluding VAT: 19 500 000 EUR
II.1.5)Short description of the contract or purchase(s)
Call for tender for the integration of solutions, including the supply of equipment and the provision of related services, for the European Parliament's TV distribution infrastructure and systems.
PE/ITEC-TVDIS14 is an interinstitutional call for tenders. In addition to the European Parliament itself, the resulting contracts will apply to the following awarding authorities:
— European Commission,
— European Economic and Social Committee,
— Committee of the Regions,
— European Ombudsman,
— European Data Protection Supervisor.
References to the European Parliament in the different parts of the framework contract and in this notice are to be understood, where relevant, as references to the EU institutions listed above, either individually or collectively.
II.1.6)Common procurement vocabulary (CPV)
32571000 Communications infrastructure
II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): no
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:
Estimated value excluding VAT: 19 500 000 EUR
II.2.2)Information about options
II.2.3)Information about renewals
This contract is subject to renewal: yes
Number of possible renewals: 3
II.3)Duration of the contract or time limit for completion
Duration in months: 60 (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:
1. An irrevocable, unconditional guarantee, payable at first call, may be required by the European Parliament to guarantee the proper performance of certain orders. The requirement to provide such a guarantee shall be indicated in the order forms or specific contracts. A guarantee for a maximum amount of 10 % of the total value of the specific contracts or order forms concerned may be required. It shall be confirmed by means of a letter of guarantee furnished by a bank, a financial establishment or a third party approved by the European Parliament's Accounting Officer. Payment requests issued by the contractor shall be admissible only if proof of the establishment of the bank guarantee covering the required percentage of the total value of the order forms or specific contracts to which the guarantee relates has been forwarded to the European Parliament. The guarantee shall be released at the contractor's request 60 calendar days after final acceptance of the supplies by the European Parliament in accordance with the specifications. Any charges relating to the guarantee shall be payable by the contractor.
2. However, the period leading to the release of the performance bond may be suspended if the European Parliament deems it necessary to carry out additional checks or to delay the release on the grounds that 1 or more orders are still partly or wholly outstanding when the contract expires.
3. Any renewal of the contract, whether tacit or by express agreement between the parties in writing, shall entail the renewal by the contractor of the guarantee or guarantees.
1. A guarantee shall be established in return for a prefinancing payment when each order is issued. It shall be equal to the amount of the prefinancing to be paid for each order. This guarantee shall be established by means of a letter of guarantee furnished by a bank, a financial establishment or a third party approved by the European Parliament's Accounting Officer before the prefinancing payment is made. The guarantee shall enter into force at the latest on the date on which the contractor receives the prefinancing payment. Prefinancing requests issued by the contractor shall be admissible only if proof of the establishment of the bank guarantee has been forwarded to the European Parliament.
2. The cost of providing the guarantee shall be borne by the contractor.
3. The guarantee shall be released when the prefinancing is cleared, which shall be 60 calendar days after final acceptance of the object of the prefinancing. The period for release of the prefinancing guarantee may be suspended if the European Parliament deems it necessary to carry out additional checks within the meaning of Article I.4 or to delay the release on account of 1 or more orders which are still wholly or partly outstanding when the contract expires.
4. The specific contracts or order forms may also lay down other conditions relating to the financial guarantee, which may not, under any circumstances, be stricter than those provided for in this article.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Reference to the relevant provisions: see draft framework contract, Article I.4.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Consortia of economic operators may submit a tender. The European Parliament reserves the right to require the consortium selected to have a given legal form if this is necessary for the proper performance of the contract. This requirement may be communicated by the European Parliament at any time during the contract award procedure, but at all events before the contract is signed.
The consortium of economic operators shall provide proof of its legal form by the time the contract — if awarded to it — is signed. This may take one of the following forms:
— an entity with legal personality recognised by a Member State,
— an entity without legal personality but offering sufficient protection of the European Parliament's contractual interests (depending on the Member State concerned, this may be, for example, a consortium or a temporary partnership),
— the signature by all the partners of a type of ‘power of attorney’ (see example in Annex 13) or equivalent document confirming a form of cooperation.
The consortium's actual status shall be established by any document or agreement signed by the members of the consortium, which shall be appended to the tender.
Those documents or agreements may exceptionally be modified and/or submitted after the time limit for submission of a tender, but under no circumstances after the outcome of the invitation to tender has been communicated to the tenderers concerned. The European Parliament reserves the right to reject a tender if the terms of agreements between the members of a consortium are modified during the procedure, if those terms make no provision for the joint and several liability of the consortium's members or if no agreement with legal force has been submitted with the tender.
The European Parliament may accept other legal forms not referred to above, provided that they ensure the parties' joint and several liability and are compatible with performance of the contract. At all events, it should be noted that, in the contract to be signed with the consortium, the European Parliament will refer expressly to the existence of such joint and several liability. In addition, it reserves the right to require, contractually, the appointment of an authorised representative who may represent the members and who is empowered, inter alia, to issue invoices on behalf of the other members.
Tenders from consortia of economic operators must specify the role, qualifications and experience of each of the members of the consortium. The tender shall be submitted jointly by the economic operators, who shall also assume joint and several liability for the tender submission.
In the case of a consortium of economic operators, each member shall furnish proof of right of access to the contract (eligibility), as well as proof concerning compliance with the exclusion and selection criteria. With regard to the selection criteria, the European Parliament may rely on the capacity of the other members of the consortium in order to establish whether the tenderer will have the resources needed to perform the contract. In this case an undertaking shall be required from those members stating that they will make available to the other members the resources needed to perform 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: Participation in this invitation-to-tender procedure is open on the same terms to all natural or legal persons and public entities in a European Union Member State and to all natural and legal persons and public entities of a third country which has concluded a specific public-procurement agreement with the European Union giving them access to the contract which is the subject of this invitation to tender and on the terms laid down by that agreement.
If a potential tenderer is not eligible pursuant to the aforementioned agreements, he may exceptionally be permitted by the European Parliament to participate in the tender procedure on an ad hoc basis, without this creating any precedent or obligation for the future. Although the tender documents may be obtained via e-tendering by a tenderer who does not come under these agreements, this does not presuppose that tenders submitted will subsequently be accepted by the European Parliament.
In order to ascertain the eligibility of tenderers, they must indicate in their tenders the country in which they have their registered office or in which they are domiciled. They must also submit the evidence required under their national law or other equivalent proof enabling the European Parliament to check the country they come from.
Any tenderer must furnish proof of his authorisation to perform the contract under his national law. To do so, he shall submit 1 or more supporting documents substantiating that authorisation. The European Parliament accepts, as supporting documents, registration in the business or professional registry, a sworn statement or certificate substantiating membership of a specific organisation and registration in the VAT registry. If none of these documents provide the requisite proof to substantiate and assess the existence of such authorisation, the European Parliament may accept other equivalent official documents furnished by the tenderer.
In the case of consortia of economic operators, each member will furnish proof of authorisation to perform the contract.
As proof of their status and legal capacity, tenderers must append to their tenders a copy of their articles of association or equivalent document enabling the European Parliament to determine their form and legal capacity to perform the contract. Should the proof submitted not be sufficient for that purpose, the European Parliament may demand other proof during the tender assessment process. Where no such proof is submitted, the European Parliament reserves the right to deem the tender inadmissible.
If it establishes that a tenderer faces a conflict of interest which could affect the performance of the contract, the European Parliament may conclude that the tenderer is not of the calibre required to perform the contract.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: Tenderers shall have sufficient economic and financial resources to enable them to perform the contract in compliance with the contractual provisions, given the value and scope thereof. If, on the basis of the information supplied by the tenderer, the European Parliament has doubts about a tenderer's financial resources, or if these are insufficient for performance of the contract, the tender may be rejected without the tenderer being entitled to claim any financial compensation.
In respect of the contract which is the subject of this invitation to tender the European Parliament requires tenderers to have a minimum financial and economic capacity which will be assessed on the basis of the following information:
— minimum overall annual turnover of 9 000 000 EUR over the past 3 years for which accounts have been closed.
Financial and economic capacity will be assessed on basis of the information included in the following documents, to be supplied by tenderers:
— annual accounts for the past 3 years. Accounts shall be at least closed and preferably published,
— a statement of overall turnover and turnover relating to the works, supplies or services associated with the field covered by the contract for the past 3 years.
If the tenderer is unable to provide the references requested, he may prove his economic and financial capacity by any other means which the European Parliament considers appropriate.
The tenderer may also rely on the capacity of other entities, irrespective of the legal nature of the links between him and those entities. In that case, he must prove to the European Parliament that he will have the resources needed to perform the contract, for instance by providing an assurance of the undertaking by those entities to make them available to him. In that case the European Parliament is entitled to refuse the application or the tender submitted if it has doubts about the undertaking by the third party or about that party's financial capacity. The European Parliament may require the tenderer and those other entities to be jointly liable for performance of the contract.
On the same basis, a consortium of economic operators may rely on the capacity of members of the consortium or of other entities.
Tenderers may also rely on the economic capacities of 1 or more subcontractors in so far as they undertake to take part in the process of performing the contract. In such instances, the European Parliament will assess the capacities of the subcontractor(s) in the light of the extent to which the latter is/are involved in performing the contract.
Minimum level(s) of standards possibly required: Minimum overall annual turnover of 9 000 000 EUR over the past 3 years for which accounts have been closed.
Information and formalities necessary for evaluating if the requirements are met:
Tenderers must have sufficient technical and professional capacity to enable them to perform the contract in compliance with the contractual provisions. If, in the light of the information supplied, the European Parliament has serious doubts about a tenderer's technical and professional capacity, or if this is clearly insufficient for performance of the contract, the tender may be rejected without the tenderer being able to claim any financial compensation.
In respect of the contract which is the subject of this invitation to tender the European Parliament requires tenderers to have the following technical and professional capacity:
educational and professional qualifications of staff;
capacity to operate independently of manufacturers of TV distribution equipment;
experience in the supplies and services that are the subject of the present call for tenders, as evidenced by relevant references;
environmental performance management.
The tenderers shall provide proof of the required technical and professional capacity by answering the questions in paragraph 5 of Annex 2 — Questionnaires.
The tenderer may also rely on the capacity of other entities, irrespective of the legal nature of the links between himself and those entities. In that case he must prove to the European Parliament that he will have the resources needed to perform the contract, for instance by providing an assurance of the undertaking by those entities to make them available to him. In that case the European Parliament is entitled to refuse the application or the tender submitted if it has doubts about the undertaking by the third party.
At all events, tenderers may always rely on the capacities of 1 or more subcontractors in so far as they undertake to take part in the process of performing the contract. In such instances, the European Parliament will assess the capacities of the subcontractor(s) in the light of the extent to which the latter is/are involved in performing the contract.
Minimum level(s) of standards possibly required:
Certificate of good execution of 3 important projects in the domain of this call for tenders over the past 3 years, of which at least 2 were outside the EU institutions, and all 3 outside European Parliament, signed by the customer.
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
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
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3.1)File reference number attributed by the contracting authority:
IV.3.2)Previous publication(s) concerning the same contract
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Time limit for receipt of requests for documents or for accessing documents: 23.10.2015 - 12:00
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
30.10.2015 - 12:00
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
Duration in months: 9 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tenders Date: 9.11.2015 - 10:00
European Parliament, KAD Building, reception area, 2929 Luxembourg, LUXEMBOURG.
Persons authorised to be present at the opening of tenders: yes
Additional information about authorised persons and opening procedure: Only 1 representative per tenderer may attend.
Tenderers wishing to attend the opening of the tenders are asked to notify the department responsible for managing this procurement procedure, no later than 2 working days before the tender opening date, by e-mail at the address indicated under Section I.1. Tenderers failing to give notification will automatically be refused access to the opening. The names of the persons attending the opening of the tenders must be given in the notification.