Services - 449729-2018

16/10/2018    S199    External aid programmes - Services - Contract notice - Restricted procedure 

Belgium-Brussels: IPA - Support to Sector Reform Contract on Public Administration Reform (PAR) Kosovo*(1)

2018/S 199-449729

Service Contract Notice


1.Publication reference
EuropeAid/139844/DH/SER/XK
2.Procedure
Restricted
3.Programme title
Action Programme for Kosovo for the year 2016 Part II Sector Budget Support.
4.Financing
IPA 2016
5.Contracting Authority

European Union represented by the European Commission on behalf of and for the account of the partner country, Brussels, BELGIUM.

Clarifications may be sought from the Contracting Authority at the following email address DELEGATION-KOSOVO-FINCON@eeas.europa.eu at the latest 21 days before the deadline for submission of applications stated at the point 23 below.

Clarifications will be published on the website of DG international cooperation and development at the latest 5 days before the deadline.


Contract specification

6.Nature of contract
Fee-based
7.Contract description
The overall objective of this contract will be to assist the Government of Kosovo in enhancing accountability, transparency and effectiveness of the public administration, with focus on the needs of citizens and businesses.
This project will continue supporting the Ministry of Public Administration (MPA), the Office of the Prime Minister (OPM), line ministries and other stakeholders to implement a new legislative framework for public administration.
The purpose of this contract is to:
1) Support the implementation of the public administration reform through assistance in preparation of the by-laws and their implementation;
2) Support the reforms in the area of public service delivery and human resources management (including preparation for HR MIS);
3) support to monitoring and evaluation of PAR framework.
8.Number and titles of lots
One lot only
9.Maximum budget
2 380 000,00 EUR


Conditions of participation

11.Eligibility
Participation is open to all natural persons who are nationals of and legal persons (participating either individually or in a grouping – consortium – of tenderers) which are effectively established in a Member State of the European Union or in a eligible country or territory as defined under the Regulation (EU) No. 236/2014 establishing common rules and procedures for the implementation of the Union's instruments for external action (CIR) for the applicable instrument under which the contract is financed (see also heading 29 below). Participation is also open to international organisations.
Please be aware that after the United Kingdom's withdrawal from the EU, the rules of access to EU procurement procedures of economic operators established in third countries will apply to candidates or tenderers from the United Kingdom depending on the outcome of negotiations. In case such access is not provided by legal provisions in force at the time of contract award, candidates or tenderers from the United Kingdom could be rejected from the procurement procedure.
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 one application can be submitted by a natural or legal person whatever the form of participation (as an individual legal entity or as leader or member of a consortium submitting an application). In the event that a natural or legal person submits more than one 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 – 2.6.3.). Short-listed 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 2.6.10.1. of the PRAG.
Candidates included in the lists of EU restrictive measures (see Section 2.4. of the PRAG) at the moment of the award decision cannot be awarded the contract.
16.Sub-contracting
Subcontracting is allowed.
17.Number of candidates to be short-listed
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
December 2018.
19.Provisional commencement date of the contract
May 2019.
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 sub-contractors.
1) Economic and financial capacity of candidate (based on item 3 of the application form). In case of 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 for the last 3 years shall amount to at least 1 200 000,00 EUR.
2) Professional capacity of candidate (based on items 4 and 5 of the application form).
(a) At least 6 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 submission deadline.
The candidate has provided services under at least 2 contracts/projects each with a proportion (in case of services carried out as part of a consortium) of the contract/project carried out by the legal entity being at least 1 000 000,00 EUR in the fields specified below, implemented at any moment during the reference period: starting from 1.12.2013 up to the deadline for receipt of applications. 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 on-going 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 delivered 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. Documentary evidence is not required at the application stage but will be requested with the invitation to tender.
The fields of specialisation are:
(a) Provision of support and advice in development and implementation of the policy and legal framework regarding public administration service delivery and human resources management (i.e. developing the institutional setup enabling consistent and effective human resources management; a remuneration system based on job classifications and/or recruitment/promotion based on objective criteria and merit) to central government institutions that are in charge of the management of the public administration/the civil service;
(b) Provision of support and advice to the monitoring and evaluation of progress in the implementation of policies and strategies that relate to public administration reform implemented by central government institutions that are tasked with the primary responsibility of managing the public administration/public funds.
One reference project/contract may cover one or both fields of specialization, but all fields above have to be covered by such contracts/projects.
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. Some examples of when it may not be considered appropriate by the Contracting Authority are when the tender rely in majority on the capacities of other entities or when they rely on key criteria. If the tender relies on other entities it must 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 comply with the selection criteria for which the economic operator relies on them. Furthermore, the data for this third entity for the relevant selection criterion should be included in the tender in a separate document. Proof of the capacity will also have to be furnished when requested by the Contracting Authority.
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 reexamined to identify the 8 best candidates. The only additional comparative criteria which will be taken into consideration during this re-examination, in the order that they appear below, are:
— the highest number of projects found eligible under 21.3.
In case of equality of this criterion, then (for the candidates with an equal number of projects):
— the highest cumulative value of projects found eligible under 21.3.
N.B.: additional comparative criterion 2) will be applied only if the number of eligible candidates remain higher than 8 after applying additional comparative criterion 1).
22.Award criteria
Best price-quality ratio.


Application

23.Deadline for receipt of applications
The candidate/tenderer's attention is drawn to the fact that there are 2 different systems for sending applications/tenders: one is by post or private mail service, or by hand delivery.
In the first case, the application/tender must be sent before the date and time limit for submission, as evidenced by the postmark or deposit slip(2), but in the second case it is the acknowledgment of receipt given at the time of the delivery of the application/tender which will serve as proof.
19.11.2018 at 16:00 (CET).
Any application submitted to the Contracting Authority after this deadline will not be considered.
The Contracting Authority may, for reasons of administrative efficiency, reject any application or tender submitted on time to the postal service but received, for any reason beyond the Contracting Authority's control, after the effective date of approval of the short-list report or of the evaluation report, if accepting applications or tenders that were submitted on time but arrived late would considerably delay the evaluation procedure(for instance when applications or tenders are received after the evaluation committee has finished its works and evaluating them would imply re-calling the evaluation committee) or jeopardise decisions already taken and notified.
(2) It is recommended to use registered mail in case the postmark would not be readable.
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 post or by courier service, in which case the evidence shall be constituted by the postmark or the date of the deposit slip, to:
European Union Office in Kosovo
Kosovo Street 1
10000 Pristina, Kosovo
For the attention of: head of finance, contracts and audit section
— or hand delivered by the participant in person or by an agent directly to the premises of the Contracting Authority in return for a signed and dated receipt, in which case the evidence shall be constituted by this acknowledgement of receipt, to:
European Union Office in Kosovo
Kosovo Street 1
10000 Pristina, Kosovo
For the attention of: head of finance, contracts and audit section.
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 accept 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 communications for this tender procedure and contract must be in English.
28.Date of publication of prior information notice
18.8.2018.
29.Legal basis(3)
Regulation (EU) No. 236/2014 of the European Parliament and of the Council of 11.3.2014 laying down common rules and procedures for the implementation of the Union's instruments for financing external action — See Annex A2 of the practical guide.
IPA Council Regulation (EC) No. 231/2014 as adopted on 11.3.2014.
(3) Please state any specificity that might have an impact on rules on participation (such as geographic or thematic or long/short term).
30.Additional information
Not applicable.