Services - 400548-2016

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15/11/2016    S220

Serbia-Belgrade: IPA — Prevention of and fight against corruption

2016/S 220-400548

Service contract notice

Republic of Serbia

Please note that the awarding of the contract is subject to the condition of the prior adoption of a financing decision which does not modify the elements of the procurement procedure (this will be the case, for instance, if the budget initially foreseen is different or if the time-frame, the nature or the condition of the implementation are altered). If the precedent condition is not met, the contracting authority will either abandon the procurement or cancel the award procedure without the candidates or tenderers being entitled to claim any compensation.

1.Publication reference:
EuropeAid/138423/DH/SER/RS.
2.Procedure:
Restricted.
3.Programme title:
IPA 2013 national programme for Serbia.
4.Financing:
Financing agreement.
5.Contracting authority:

European Union, represented by the Delegation of the European Union to the Republic of Serbia on behalf of and for the account of the partner country, Belgrade, REPUBLIC OF SERBIA.


Contract specification

6.Nature of contract:
Fee-based.
7.Contract description:

The purpose of this project is to strengthen national mechanisms for the prevention of and fight against corruption through supporting the implementation of the Serbian anti-corruption strategy and action plan (http://mpravde.gov.rs/en/vest/3369/the-anti-corruption-strategy-and-the-action-plan.php) and the action plan for Chapter 23 (http://mpravde.gov.rs/files/Action%20plan%20Ch%2023.pdf).

Relevant fields of this contract are the following:
• strengthening transparency, efficiency, coordination and monitoring of anti-corruption institutions and policies in the area of anti-corruption,
• capacity building in the prevention of corruption,
• capacity building in the repression of corruption.
8.Number and titles of lots:
1 lot only.
9.Maximum budget:
3 600 000 EUR.
10.Scope for additional services:
The contracting authority may, at its own discretion, extend the project in duration and/or scope subject to the availability of funding up to the estimated amount of approximately 3 600 000 EUR. Any extension of the contract would be subject to satisfactory performance by the contractor.


Conditions of participation

11.Eligibility:
Participation is open to all legal persons (participating either individually or in a grouping — consortium — of tenderers) which are established in a Member State of the European Union or in a country or territory of the regions covered and/or authorised by the specific instruments applicable to the programme under which the contract is financed (see item 29 below). Participation is also open to international organisations. Participation of natural persons is directly governed by the specific instruments applicable to the programme under which the contract is financed.
12.Candidature:
All eligible natural and legal persons (as per item 11 above) or groupings of such persons (consortia) may apply.
A consortium may be a permanent, legally-established grouping or a grouping which has been constituted informally for a specific tender procedure. All members of a consortium (i.e., the leader and all other members) are jointly and severally liable to the contracting authority.
The participation of an ineligible natural or legal person (as per item 11) will result in the automatic exclusion of that person. In particular, if that ineligible person belongs to a consortium, the whole consortium will be excluded.
13.Number of applications:
No more than 1 application can be submitted by a natural or legal person whatever the form of participation (as an individual legal entity or as a leader or member of a consortium submitting an application). In the event that a natural or legal person submits more than 1 application, all applications in which that person has participated will be excluded.
14.Shortlist alliances prohibited:
Any tenders received from tenderers comprising firms other than those mentioned in the shortlisted application forms will be excluded from this restricted tender procedure unless prior approval from the contracting authority has been obtained (see ‘Practical Guide’ — PRAG 2.4.3). Shortlisted candidates may not form alliances or subcontract to each other for the contract in question.
15.Grounds for exclusion:
As part of the application form, candidates must submit a signed declaration, included in the standard application form, to the effect that they are not in any of the exclusion situations listed in Section 2.3.3 of the PRAG.
16.Subcontracting:
Subcontracting is allowed up to a maximum 15 % of the contract value.
17.Number of candidates to be shortlisted:
On the basis of the applications received, between 4 and 8 candidates will be invited to submit detailed tenders for this contract. If the number of eligible candidates meeting the selection criteria is less than the minimum of 4, the contracting authority may invite the candidates who satisfy the criteria to submit a tender.


Provisional timetable

18.Provisional date of invitation to tender:
1.2.2017.
19.Provisional commencement date of the contract:
July 2017.
20.Initial period of implementation of tasks:
30 months.


Selection and award criteria

21.Selection criteria:
The following selection criteria will be applied to candidates. In the case of applications submitted by a consortium, these selection criteria will be applied to the consortium as a whole unless specified otherwise. The selection criteria will not be applied to natural persons and single-member companies when they are subcontractors.
1) Economic and financial capacity of candidate (based on item 3 of the application form). In the case of the candidate being a public body, equivalent information should be provided. The reference period which will be taken into account will be the last 3 years for which accounts have been closed:
a) the average annual turnover of the candidate must exceed 1 500 000 EUR;
b) current ratio (current assets/current liabilities) in the last year for which accounts have been closed must be at least 1. In case of a consortium this criterion must be fulfilled by each member.
2) Professional capacity of candidate (based on items 4 and 5 of the application form). The reference period which will be taken into account will be the last 5 years from the submission deadline:
a) at least 8 permanent staff currently work for the candidate in fields related to this contract.
3) Technical capacity of candidate (based on items 5 and 6 of the application form). The reference period which will be taken into account will be the last 5 years from the submission deadline:
a) the candidate has provided services under at least 2 projects (the candidate's portion equal to or greater than 1 000 000 EUR for his services in each project) covering altogether at least 2 of the relevant fields described in Article 7.
This means that the project the candidate refers to could have been started or completed at any time during the indicated period but it does not necessarily have to be started and completed during that period, nor implemented during the entire period. Candidates/tenderers are allowed to refer either to projects completed within the reference period (although started earlier) or to projects not yet completed. In the first case the project will be considered in its whole if proper evidence of performance is provided (statement or certificate from the entity which awarded the contract, proof of final payment). In case of projects still ongoing only the portion satisfactorily completed during the reference period although started earlier will be taken into consideration. This portion will have to be supported by documentary evidence (similarly to projects completed) also detailing its value. If a candidate/tenderer has implemented the project in a consortium, the percentage that the candidate/tenderer has successfully completed must be clear from the documentary evidence, together with a description of the nature of the services provided if the selection criteria relating to the pertinence of the experience have been used.
Previous experience which caused breach of contract and termination by a contracting authority shall not be used as reference.
An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the contracting authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing a commitment on the part of those entities to place those resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility — notably that of nationality — and must fulfil the same relevant selection criteria as the economic operator. With regard to technical and professional criteria, an economic operator may only rely on the capacities of other entities where the latter will perform the works or services for which these capacities are required. With regard to economic and financial criteria, the entities upon whose capacity the tenderer relies, become jointly and severally liable for the performance of the contract.
If more than 8 eligible candidates meet the above selection criteria, the relative strengths and weaknesses of the applications of these candidates must be re-examined to identify the 8 best candidates. The only factors which will be taken into consideration during this re-examination are:
i. the total number of the reference projects found eligible under 21.3)a) and, in case of equality of this criterion; then
ii. the value of the eligible part (the proportion carried out by the candidate) of the reference projects found eligible under criterion 21.3)a).
22.Award criteria:
Best price-quality ratio.


Application

23.Deadline for receipt of applications:
19.12.2016 (12:00), Central European Time.
Any application received by the contracting authority after this deadline will not be considered.
24.Application format and details to be provided:
Applications must be submitted using the standard application form, the format and instructions of which must be strictly observed. The application form is available from the following Internet address:

http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=B

The application must be accompanied by a declaration of honour on exclusion and selection criteria using the template available from the following Internet address:

http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=A

Any additional documentation (brochure, letter, etc.) sent with an application will not be taken into consideration.
25.How applications may be submitted:
Applications must be submitted in English exclusively to the contracting authority in a sealed envelope:
• either by recorded delivery (official postal service) to:

Delegation of the European Union to the Republic of Serbia, attention: Finance and Contract Section, Vladimira Popovica 40/V, 11070 New Belgrade, SERBIA. Tel. +381.11.3083200. E-mail: Delegation-serbia-fcs@eeas.europa.eu

In this case, the delivery record is proof of compliance with the time limit for receipt,
• or hand delivered (including courier services) directly to the contracting authority in return for a signed and dated receipt to:

Delegation of the European Union to the Republic of Serbia, attention: Finance and Contract Section, Vladimira Popovica 40/V, 11070 New Belgrade, SERBIA. Tel. +381.11.3083200. E-mail: Delegation-serbia-fcs@eeas.europa.eu

In this case, the acknowledgment of receipt is proof of compliance with the time limit for receipt.
The contract title and the publication reference (see item 1 above) must be clearly marked on the envelope containing the application and must always be mentioned in all subsequent correspondence with the contracting authority.
Applications submitted by any other means will not be considered.
By submitting an application candidates agree to receive notification of the outcome of the procedure by electronic means. Such notification shall be deemed to have been received on the date upon which the contracting authority sends it to the electronic address referred to in the application.
26.Alteration or withdrawal of applications:
Candidates may alter or withdraw their applications by written notification prior to the deadline for submission of applications. No application may be altered after this deadline.
Any such notification of alteration or withdrawal shall be prepared and submitted in accordance with item 25. The outer envelope (and the relevant inner envelope if used) must be marked ‘Alteration’ or ‘Withdrawal’ as appropriate.
27.Operational language:
All written communication for this tender procedure and contract must be in English.
28.Date of publication of prior information notice:
14.10.2016.
29.Legal basis:
Council Regulation (EC) No 1085/2006 of 17.7.2006 establishing an Instrument for Pre-Accession Assistance (IPA).
30.Additional information:
Opening hours of the contracting authority: 9:30–16:00 CET.