Services - 374545-2014

Display compact view

04/11/2014    S212    Council of the European Union - Services - Contract notice - Restricted procedure 

Belgium-Brussels: UCA-PRQ 14/065 Ergonomic services for the General Secretariat of the Council of the European Union

2014/S 212-374545

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Council of the European Union, General Secretariat
rue de la Loi 175
Contact point(s): Procurement Coordination Unit
For the attention of: Office JL 10 70 KL 77
1048 Brussels
Belgium
Telephone: +32 22818062
E-mail: tendering@consilium.europa.eu
Fax: +32 22800262

Internet address(es):

General address of the contracting authority: http://www.consilium.europa.eu/contacts/procurement

Electronic access to information: https://tendering.consilium.europa.eu

Electronic submission of tenders and requests to participate: https://tendering.consilium.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: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
UCA-PRQ 14/065 Ergonomic services for the General Secretariat of the Council of the European Union.
II.1.2)Type of contract and location of works, place of delivery or of performance
Services

NUTS code BE10

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

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT: 460 000 EUR
II.1.5)Short description of the contract or purchase(s)
Ergonomic services will be provided in Brussels for the health and safety department and the medical department of the General Secretariat of the Council of the European Union.
The role and activities of the aforementioned departments come within the context of the Belgian Law of 4.8.1996 on the well-being of workers in the performance of their work and its implementing royal decrees, in accordance with Council Directive 89/391/EEC of 12.6.1989.
The General Secretariat of the Council of the European Union has approximately 3 000 workstations spread over 3 buildings which house the institution's political and administrative management activities, as well as conference areas.
The services include, but are not limited to, the following activities:
physical ergonomics:
— analyse the individual workstations and provide advice for a preventive and corrective ergonomic approach,
— adapt the workstations to the needs of persons with functional limitations,
— help with fitting out or converting work areas and communal areas,
— assess and implement measures to prevent musculoskeletal disorders,
— prepare opinions and dossiers for infrastructure development projects,
— formulate ergonomic opinions to draw up specifications for purchasing furniture, working equipment and software.
Cognitive ergonomics:
— analyse the ergonomics of IT interfaces and IT and production systems.
Organisational ergonomics:
— improve a work area to help it become psychosocially healthy,
— formulate opinions to reduce work-related stress and manage change,
— prepare good practice guides to prevent work-related stress and psychosocial risks.
Define priorities in this field by using surveys and statistics to assess ergonomic problems.
Communication:
— provide staff with presentations and recommendation guides on specific themes related to ergonomics,
— organise staff training (load handling, working with display screen equipment, etc.).
II.1.6)Common procurement vocabulary (CPV)

71317210, 79414000, 85121000

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
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:
The contract will have an initial duration of 1 year. It may be renewed 3 times, each time for 12 months. The contract will be based on approximately 22 hours of service provision per week.
II.2.2)Information about options
Options: no
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: 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:
To be stated in the specifications which will be sent to the candidates selected.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
To be stated in the specifications which will be sent to the candidates selected.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Participation is open to any natural person, legal entity, public body or grouping of said persons (and/or bodies).
1. Groupings:
if a grouping is awarded the contract, it must opt for 1 of the following forms of cooperation as regards performing this contract:
— an entity with a legal personality recognised by a Member State,
— an entity with no legal personality (e.g. a temporary association, a consortium), but which offers the contracting authority sufficient protection as regards contractual interests (joint and several liability of the parties and compatibility with performance of the contract).
Groupings must state the name of the lead company (joint representative) and the sole contact person responsible for monitoring the invitation to tender procedure.
They must also provide a copy of the documentary evidence authorising this company and its legal representative to submit a request to participate when delivering said request on behalf of the participants.
Similarly, and in so far as the aforementioned documentary evidence only covers the request to participate, documentary evidence authorising the representative to tender and sign a contract on behalf of the grouping, and issue invoices on behalf of the other members, must be provided at the tender submission stage.
The request to participate must specify which form of cooperation is envisaged.
The final decision regarding the cooperation method and the documentary evidence provided by the grouping awarded the contract will take place between notification of the award decision and signature of the contract, at the latest. These documents will explicitly stipulate that grouping members be jointly and severally liable vis-à-vis the contracting authority and undertake jointly to perform the contract.
For groupings, the request to participate must include the following for each participant:
— copies of the authorisations to submit a request to participate and the tender,
— details as to the role of each grouping member in performing the contract, making it clear which particular resources will be made available to perform the contract per member; a formal commitment from each one, stating that they will make said resources available to the others, must accompany the request to participate,
— the documents indicated in points III.2.1.2(a) and (b) of this notice, i.e. proof of the right of access to the contract (eligibility), and solemn declarations relating to compliance with the exclusion criteria,
— the documents indicated in points III.2.2 ((a), (b), (c), etc.) and III.2.3 ((a), (b), (c), etc.) of this notice, i.e. the documents concerning proof of economic, financial and technical capacity.
The documents indicated in point III.2.3 ((a), (b), (c), etc.) of this notice, i.e. those relating to proof of the grouping's technical capacity, will be provided for the grouping as a whole and assessed as a whole. The entity to which the documents refer must, however, be clearly indicated.
As this involves references or documents provided in response to the requirements in point III.2.3 ((a), (b), (c), etc.), should these not be issued directly by companies party to the grouping, the formal commitment from any other entity whose capacity is made use of must be provided at the request to participate stage; formal commitment stating that it will make the resources concerned available to the grouping.
2. Subcontracting:
candidates who make use of the capacities of other entities in respect of subcontracting must indicate in their request to participate the name, the proportion of the contract to be subcontracted and the role of the proposed subcontractor(s) in performing the contract.
The request to participate must include the following for any subcontractors:
— a commitment from each subcontractor, clearly stating their intention to collaborate with the candidate if awarded the contract and mentioning explicitly and precisely the resources they will make available to him for performance of the contract,
— the documents indicated in points III.2.1.2(a) and (b) of this notice, i.e. proof of the right of access to the contract (eligibility), and solemn declarations relating to compliance with the exclusion criteria,
— the documents indicated in points III.2.2 ((a), (b), (c), etc.) and III.2.3 ((a), (b), (c), etc.) of this notice, i.e. the documents concerning proof of economic, financial and technical capacity. The documents indicated in point III.2.3 ((a), (b), (c), etc.) of this notice, i.e. the documents relating to proof of the candidate's technical capacity will be provided for the candidate and his subcontractors taken as a whole and assessed as a whole. Any subcontracting entity to which such documents would refer must, however, be clearly indicated.
3. Self-employed:
the use of self-employed workers implies the provision of the same information and documents as for subcontractors (see point 2).
This also implies compliance with the legal provisions regarding working relations and the fight against welfare and tax fraud.
4. Information updating:
the contracting authority must be notified of any change in the conditions of the partnership — grouping or subcontractor — during the procedure.
The Secretariat reserves the right to request, again, the documents indicated in points III.2.1.2, III.2.2 and III.2.3 (as well as in point III.1.4), at any time during the procedure.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: working language: candidates must be able to work efficiently in English and French, both orally and in writing.
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: 1. Exclusion conditions:
in accordance with Articles 106 and 107 of the Financial Regulation applicable to the budget of the Union, candidates shall be excluded from participation in procurement procedures if:
(a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;
(b) they or persons having powers of representation, decision making or control over them have been convicted of an offence concerning their professional conduct by a judgment of a competent authority of a Member State which has the force of 'res judicata';
(c) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify including by decisions of the EIB and international organisations;
(d) they are not in compliance with their 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 they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed;
(e) they or persons having powers of representation, decision making or control over them have been the subject of a judgment which has the force of 'res judicata' for fraud, corruption, involvement in a criminal organisation, money laundering or any other illegal activity, where such illegal activity is detrimental to the Union's financial interests;
(f) they are currently the subject of an administrative penalty (exclusion from contracts financed from the budget of the Union for a maximum period of 10 years):
— either because they have been guilty, during another contract procedure, of misrepresenting the information required by the contracting authority as a condition of participation in the procurement procedure in question or fail to supply that information;
— or because they have been declared to be in serious breach of contract following another contract procedure.
In addition, a contract shall not be awarded to candidates who, during the procurement procedure for that contract:
(g) are subject to a conflict of interests;
(h) are guilty of misrepresenting the information required by the contracting authority as a condition of participation in the procurement procedure or fail to supply that information.
A consolidated version of this regulation is available on the EUR-Lex site

(http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:298:0001:0096:FR:PDF).

2. At the request to participate stage:
candidates must provide:
(a) a solemn declaration, duly signed and dated by a legal representative of the company, stating that they are not in any of the situations referred to in Articles 106 and 107 of the Financial Regulation.
The declaration must be accompanied by documents proving the signatory's powers of signature.

A standard solemn declaration form is available on the Consilium Tendering website (https://tendering.consilium.europa.eu/forms.aspx). For candidates submitting their request to participate electronically, the solemn declaration will be automatically added during the electronic submission;

(b) a document proving their authorisation to produce the object covered by the contract in accordance with national law of the Member State of residence. Accepted documents are, for example: a copy of the certificate of entry on the professional register, the trade register or the VAT register, a statement under oath, a certificate showing membership of a specific organisation.
3. At the award stage:
the tenderer to whom the contract will be awarded must furnish the means of proof listed hereafter in support of his solemn declaration at the end of the procedure (within 10 working days of notification of contract award and before contract signature). The Secretariat will accept, as sufficient proof that the tenderer is not in any of the situations specified in points (a), (b) or (e), an extract from the judicial record or, failing this, an equivalent document issued by a judicial or administrative body in his country of origin or provenance, showing that these requirements have been met. The Secretariat will accept, as sufficient proof that the tenderer is not in the situation specified in point (d), a certificate issued by the appropriate body in the country concerned.
In accordance with national legislation in the country in which the candidate resides, the aforementioned documents apply to legal entities and/or natural persons including, should the Secretariat deem this necessary, company directors or any person with powers of representation, decision making or control in relation to the tenderer.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: in order to assess their economic and financial capacity, candidates must enclose the following documents with their request to participate:
1. copy of the balance sheets and operating accounts, or other supporting documents, for the past 3 financial years;
2. statement as to the company's overall turnover and turnover realised in each field of activity and, if possible, an estimate of the turnover realised for services similar to those in this contract. The turnover will show the activity during the past 3 financial years available.
Where the candidate is a natural person, a statement of income for at least the past 3 financial years. Gross income will be considered as turnover.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
in order to assess their technical and professional capacity, candidates must enclose the following documents with their request to participate:
1. Minimum training for the manager and expert members of the team set up:
the economic operator will submit a presentation of his organisational structure, in which he will select the 'manager' and the 'experts'. The manager (ergonomist) will be the contact person responsible for contract performance. The experts will be responsible for service provision. The manager may also be part of the team of experts responsible for contract performance.
The manager will have a Master's degree in the field of ergonomics or another Master's degree where the curriculum included a considerable part in anthropometry, biomechanics and kinematics, or anatomy and exercise physiology, or psychology in work and organisational fields, or engineering or architecture, and which provides proof of having successfully completed basic multidisciplinary training and a specialisation module in ergonomics.
The experts will have qualifications for studies related to the services to be provided.
A detailed CV will provide proof of the level of training. A copy of the qualifications will be requested at a later date.
2. Minimum of 3 years' experience as a 'manager':
the economic operator shall submit documents proving that the 'manager' has at least 3 years' experience (since obtaining the qualification in the field of ergonomics, duly recognised in an EU Member State) in 1 or several fields described in point II.1.5.
This experience will be demonstrated by means of a list of 5 references describing equivalent contracts/projects performed for public or private organisations during the past 3 years.
The list will include:
* short description of the contract,
* client's name,
* his contact details,
* performance period,
* contract value.
The contracting authority reserves the right to contact companies in order to verify the information provided.
3. Solemn declaration attesting to the knowledge of English and French according to the terms in point III.1.4.
The economic operator shall submit a solemn declaration attesting to knowledge of English and French for the manager and the experts responsible for contract performance.
The Secretariat reserves the right to check, at a later date, the level of knowledge of English and French during a conversation.
Where submission of requests to participate is in paper format, candidates are asked to include with the request a table of contents detailing the documents in their dossier. All documents submitted (relating to points III.2.1.2, III.2.2 and III.2.3) must be recent (less than 3 months old at date of publication of this notice). Insufficient information relating to points III.2.1.2, III.2.2 and III.2.3 or missing documents may lead to the request to participate being rejected.
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
Restricted
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
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)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
UCA-PRQ 14/065.
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
1.12.2014 - 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
1. General remarks:
the aim of this notice is to have interested parties submit requests to participate (applications). Only those candidates selected on the basis of the requirements in this notice shall be invited to tender and, thus, will be sent the invitation to tender documents. No additional documentation is available for candidates at this stage of the procedure.
There is no charge for taking part in this contract procedure. The specifications will therefore be available free of charge to those candidates invited to tender.
Participation in this contract gives neither the right to be awarded the contract nor to receive any compensation for costs incurred.
The contracting authority is under no obligation to award a contract subsequent to this notice.
2. Submission of requests:
parties wishing to participate in this procedure are required to submit a request to participate comprising all the documents specified in points III.1.3, III.1.4 and III.2 before the set time limit in point IV.3.4 of this notice. The request to participate dossier will preferably also contain a table of contents listing the documents it comprises.
The request to participate (may be submitted electronically or in paper format)/(must be submitted exclusively in paper format).
Unless the candidate or tenderer specifies otherwise, the authentic version of a document sent on paper and electronically (in so far as the paper version is not the original one) shall be the electronic version.
If several versions of the same document are sent, the authentic version shall be the last version received.
3. Electronic communication means — Consilium Tendering platform:

the preferred electronic means of communication for this procedure is the Consilium Tendering platform, the Council of the European Union tendering platform (https://tendering.consilium.europa.eu).

To be able to access the features of the platform for this contract (questions and answers, electronic submission of requests to participate and tenders, messages relating to the evaluation of requests to participate and contract award, online access to the call for tender documents, etc.) the candidates must first register for the call.
The procedure is as follows:

a. open the page: https://tendering.consilium.europa.eu

b. if you are not yet registered as a user, click on 'Register' and key in your particulars, user name and the password of your choice; the 'Electronic submission' box must be ticked for the electronic submission of the request to participate (please note: in this case, you will need the list of one-time passwords — see below);

c. click on 'Register for a Call' in the 'Actions' menu on the right-hand side of the screen; or directly open the link https://tendering.consilium.europa.eu/registerforacall.aspx

d. select the call (UCA 14/065);
e. complete the registration form for a call by keying in details of the company you represent;
f. submit the form and print it.
The printed form, duly signed and dated by a legal representative of the company, must be sent to the address in point I.1 above. It must be accompanied by a copy of any official document (e.g. 'Moniteur', Official Journal, trade register, etc.) enabling the legal entity's name, registered office address and registration number with the national authorities to be identified. A copy of the document showing liability to VAT (if applicable and if the VAT number does not appear on the aforementioned official document) must also be submitted. A document must be submitted proving the signatory's powers of signature.
(Candidates registering as natural persons must include a legible photocopy of their identity card or passport with the registration form.)
The application to register as a user of the Consilium Tendering platform will be dealt with as soon as possible following receipt of these documents by the General Secretariat of the Council.
Depending on the delivery time for registered post, it may take up to 2 weeks to receive the list of passwords. Candidates are therefore requested to complete the registration for the call as soon as possible in order to receive their list of passwords before the final date for delivery of requests to participate indicated in point IV.3.4.
NB: once registered, please submit your full request to participate. Registration for the call, as above, does not exempt you from submitting the full request to participate.
The registration, or any action other than submitting a full request to participate, shall be considered null and void.

Further information on registering as a user and for a call, as well as the detailed instructions, can be obtained from: https://tendering.consilium.europa.eu

4. Submission of requests to participate:
(a) electronic submission of requests to participate:
once the request for registration has been approved, a list of one-time passwords for the electronic submission will be sent to the candidate.
Candidates must enter a password from this list in order to submit their electronic request to participate.
Sending requests to participate in electronic form is possible up until 16:30 (local time in Brussels) on the date indicated in point IV.3.4 of this notice.
(b) Submission of requests to participate in paper format:
the request to participate, including all the documents required, must be sent in 1 copy to the address given in point I.1 above before the set time limit in point IV.3.4 of this notice. The package must bear the reference 'UCA 14/065'.
Delivery in person or by private courier to the following address:
chaussée d'Etterbeek 70, 1040 Brussels, BELGIUM — Unloading Bay (between 8:30 and 16:30).
Candidates using the Consilium Tendering platform may enclose their registration form for the call with their request to participate.
5. Clause relating to the protection of personal data:
if the monitoring of your response to the contract notice involves the registration and processing of personal data (e.g. name, address, CV), this data will be processed in accordance with 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. Unless otherwise specified, the answers to questions and the personal data requested are necessary for the evaluation of your application, in accordance with the contract notice, and will be processed for this purpose only by the contracting authority designated in point I.1.
Details on processing your personal data are outlined in the public registry on processing personal data at the following address, for the administrative entity 'DGA4 - Finance':

http://www.consilium.europa.eu/contacts/data-protection/register/applicationregister?lang=fr

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

General Court of the European Union
rue du Fort Niedergrünewald
2925 Luxembourg
Luxembourg
E-mail: generalcourt.registry@curia.europa.eu
Telephone: +352 4303-1
Internet address: http://curia.europa.eu
Fax: +352 4303-2100

VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: within 2 months of notice being given to the plaintiff or, should no notice be given, within 2 months of the date on which the matter in question became known. A complaint made to the European Ombudsman neither suspends this period nor opens a new period for lodging appeals.
The procedural time limits are extended on account of distance by a single period of 10 days, whatever the relevant party's usual place of residence or domicile.
VI.4.3)Service from which information about the lodging of appeals may be obtained

Council of the European Union, General Secretariat — DGA4 — Procurement Coordination Unit
rue de la Loi 175
1048 Brussels
Belgium
E-mail: tendering@consilium.europa.eu
Telephone: +32 22818062
Internet address: https://tendering.consilium.europa.eu
Fax: +32 22800262

VI.5)Date of dispatch of this notice:
23.10.2014