DIRECTORATE-GENERAL HUMANITARIAN AID AND CIVIL PROTECTION - ECHO
ECHO.C - Resources, Partnerships and Operational Support
C/4 - Field Network, Transport and Logistics
Dear Sir/Madam,
Subject: Invitation to Tender – Call for tenders No ECHO/C.4/FRA/2012/03
Ref.: Open procedure, OJ 2012/S 174-286725 of 2012
Title: Provision of transport and other logistic support services, in the EU and in third countries, in the framework of Civil Protection and Humanitarian Aid operations
Thank you for your interest in the above-mentioned contract. We are pleased to enclose a copy of the tendering documents.
1. Lodging of the tender
If you are interested, you shall submit a tender in one of the official languages of the European Union.
The deadline for submission of tenders is:
16 October 2012
Tenders may be:
a) either sent by registered mail, (date of postmark serving as evidence of timely delivery); to the address below.
European CommissionDirectorate-General for Humanitarian Aid and Civil Protection – ECHO
Unit C.4
1049 Brussels, Belgium
b) or sent by courier services (date of deposit slip serving as evidence of timely delivery), to the address below under point c),
c) or delivered by hand, in person or by an authorised representative (date of acknowledgement of receipt by the Commission serving as evidence of timely delivery) to the following address:
Service central de réception du courrierAvenue du Bourget, 1
1140 Brussels, Belgium
The envelope should bear the above-mentioned address
In case of hand-delivery, a receipt must be obtained as proof of submission, signed and dated by the official in the Commission’s central mail department who took delivery. This department is open from 08.00 to 17.00 from Monday to Thursday and from 08.00 to 16.00 on Friday; it is closed on Saturdays, Sundays and Commission holidays.
Please note that for security reasons hand deliveries (including courier services) are not accepted in other Commission buildings.
2. Presentation of the tender
The tender must be submitted, in paper in triplicate (one original hand signed and two copies) and an electronic copy on an USB stick or a CD-Rom, under double sealed cover.
The inner envelope should be addressed to the department indicated in a) and marked as follows :
INVITATION TO TENDERCall for tender n°: ECHO/C4/FRA/2012/03
From:(Company name) ......
NOT TO BE OPENED BY THE INTERNAL MAIL DEPARTMENT.
If self-adhesive envelopes are used, they must be sealed with adhesive tape and the sender must sign across the tape.
Tenders must be drawn up following the instructions and using the model forms in the specifications. These specifications and the draft contract are attached to this invitation to tender. The specifications list all the documents that must be produced in order to tender, including supporting evidence of economic, financial, technical and professional capacity.
For further modalities on drafting your tender, please refer to section 4 of the tender specifications attached.
3. Acceptance of terms and conditions
Submission of a tender implies acceptance of the terms and conditions set out in this invitation to tender, in the specifications and in the draft contract and, where appropriate, waiver of the tenderer's own general or specific terms and conditions. It is binding on the tenderer to whom the contract is awarded for the duration of the contract.
Please refer to section 3.3 of the attached tender specifications for further information.
4. Period of validity of the tender
The offer must remain valid for a period of 8 months following the final date for submitting tenders (see below). During this period, the tenderer may not modify the terms of his tender in any respect.
5. Contact between the tenderers and the Commission
Contacts between the Commission and the tenderers may take place only under exceptional circumstances. Please refer to section 3.2 of the attached tender specifications for further details.
6. Other provisions
This invitation to tender is in no way binding on the Commission. The Commission’s contractual obligation commences only upon signature of the contract with the successful tenderer.
Up to the point of signature, the contracting authority may either abandon the procurement or cancel the award procedure, without the tenderers being entitled to claim any compensation. This decision must be substantiated and the tenderers notified.
Once the Commission has opened the tender, the document shall become the property of the Commission and it shall be treated confidentially.
You will be informed whether or not your tender has been accepted.
We look forward to receiving your tender.
Yours sincerely,
Walter Schwarzenbrunner
Annex: Tendering documents including technical specifications and draft contract
Page 67 of 87
Call for Tender
No ECHO/C4/FRA/2012/03
Provision of transport and other logistic support services, in the EU and in third countries, in the framework of Civil Protection and Humanitarian Aid operations
Open Procedure
TENDER SPECIFICATIONS
Page 67 of 87
TABLE OF CONTENTS
1. Technical specifications 7
1.1. Background 7
1.1.1. Humanitarian Aid 7
1.1.2. Civil Protection 8
1.1.3. Logistics Support 10
1.1.4. Other considerations 10
1.2. Description of the Tasks 10
1.2.1. Support to actions in the context of sudden emergency response 11
1.2.2. Support to actions in the context of protracted crises 12
1.2.3. Further considerations and requirements 13
1.2.3.1. Specific tasks relating to air transport 14
1.2.3.2. Specific tasks relating to road transport 17
1.2.3.3. Specific tasks relating to sea transport 20
1.2.3.4. Specific tasks relating to storage 22
1.2.3.5. Visibility 23
1.3. Reports and documents 23
2. Contractual conditions 25
2.1. Nature of the contract 25
2.2. Starting date of the framework contract and duration of the tasks 25
2.3. Terms of payment 26
2.4. Guarantees 26
2.5. Place of performance 26
2.6. Subcontracting 27
2.7. Joint Offers 27
3. Administrative information concerning the invitation to tender 29
3.1. Date and place of opening of the tenders 29
3.2. Contact between the tenderer and the Commission 29
3.3. General terms and conditions for the submission of tenders 30
3.4. No obligation to award the contract 31
3.5. Data Protection 31
4. Form and content of the tender 33
4.1. How to submit a tender 33
4.2. Structure of the tender 33
4.2.1. Section One: Administrative proposal 33
4.2.2. Section Two: The Exclusion Criteria Form 34
4.2.3. Section Three: Evidence relating to the selection criteria 35
4.2.4. Section Four: Technical proposal 35
4.2.5. Section Five: Financial proposal 36
5. Assessment and award of contract 38
5.1. Stage 1 – application of exclusion criteria and exclusion of tenderers 38
5.1.1. Declaration 38
5.1.2. Grounds for disqualification 38
5.1.3. Evidence 39
5.1.4. Administrative and financial penalties 40
5.2. Stage 2 - application of selection criteria (selection of tenderers) 40
5.2.1. Selection criteria 40
5.2.2. Evidence of the economic and financial capacity of the service provider(s) 41
5.2.3. Evidence of the technical and professional capacity of the service provider(s) 42
5.3. Stage 3 - application of award criteria (assessment of tenders) 43
5.4. Information for tenderers 44
5.5. Award of the contract 44
6. Annexes 46
6.1. Exclusion criteria form 47
6.2. Draft Framework Contract 49
6.3. Declaration of ethical procurement 73
6.4. Model for Request for Services, Framework Contractor's Specific Proposal 74
6.5. Financial and Economic Capacity Overview Form 77
6.6. Subcontractor / Letter of Intent 82
6.7. Power of Attorney 83
6.8. Checklist of documents to be submitted 87
Page 67 of 87
2. Contractual Conditions
1. Technical specifications
1.1. Background
The European Union's (EU) humanitarian aid and civil protection policies enable it to demonstrate in practical terms its commitment to supporting those, inside and outside the Union, in need of assistance when they are at their most vulnerable. The EU´s assistance includes not only relief operations to save and preserve life in emergencies or their aftermath, but also actions aimed at facilitating or obtaining freedom of access to victims and the free flow of such assistance.
The Commission's mandate encompasses humanitarian assistance and civil protection, the two main instruments at the EU's disposal to ensure rapid and effective delivery of EU´s relief assistance to people faced with the immediate consequences of disasters. The European Commission Directorate General for Humanitarian Aid and Civil Protection (ECHO) is the Service entrusted with these responsibilities.
1.1.1. Humanitarian Aid
The EU's humanitarian assistance is based on the principles of humanity, neutrality, impartiality and independence. These four principles are embedded in the European Consensus on Humanitarian Aid[1] subscribed by the European Parliament, the European Council and the Commission and which is the political framework that guides the action of ECHO. As such, ECHO funds humanitarian aid actions in third countries without regard for any political agendas, and without exception seeks to help those in the greatest need, irrespective of their nationality, religion, gender, ethnic origin or political affiliation. In practice, decisions to grant humanitarian aid are solely based on an assessment of the beneficiary populations' humanitarian needs.
When disasters strike, help must arrive fast to meet victims' basic needs and to preserve their life. Helping the world's most vulnerable populations in crisis situations is a moral imperative for the international community and can make the difference between life and death.
The humanitarian aid operations of the European Union are governed by Council Regulation (EC) 1257/96, on Humanitarian Aid[2] and, when applicable, by the specific provisions of the Cotonou Agreement[3]. The Regulation sets out the principles objectives and implementing modalities of the action of the EU.
These operations are financed by specific headings of the EU´s Budget devoted to humanitarian aid: Title 23 for humanitarian aid and the allocation to ACP countries for humanitarian and emergency assistance under the European Development Fund. Through ECHO, the European Commission spends on average EUR 1 billion per year on humanitarian aid.
The financial principles and general procedures ruling the funding of humanitarian aid actions by the EU are set in the Financial Regulation applicable to its general budget[4] and in the detailed rules for its implementation[5].
Today ECHO has more than 300 people working in its headquarters in Brussels and more than 400 in 44 field offices located in 38 countries around the world. Immediately following a disaster ECHO deploys its field resources to carry out needs assessments, and to monitor the implementation of the EU-funded humanitarian projects. This field presence is a key characteristic of ECHO.
In order to implement humanitarian operations, ECHO cooperates with over 200 partners (14 United Nations agencies, 191 non-governmental organisations and 3 international organisations: the International Committee of the Red Cross/Red Crescent, the International Federation of the Red Cross/Red Crescent and the International Organisation for Migration). In partnership with these Humanitarian Organisations, ECHO has a very fast response capacity allowing funding and staff to be rapidly deployed to where help is most needed.
1.1.2. Civil Protection
The Community Mechanism (the Mechanism) to facilitate reinforced cooperation in civil protection assistance interventions was established by Council Decision No. 2001/792/EC Euratom[6] and Commission Decision (2004/277)[7] of 29/12/2003 laying down rules for the implementation of the above mentioned Council Decision. Council Decision 2007/779/EC, Euratom of 8 November 2007 established a recast of this Mechanism[8]. Today thirty-two States are part of the Mechanism: the EU-27, the countries signatories of the European Economic Area agreement, EEA, (Liechtenstein, Norway and Iceland), Croatia and the former Yugoslav Republic of Macedonia.
The overall objective of the Mechanism is to facilitate European cooperation in civil protection assistance interventions in the event of major emergencies, or the imminent threat thereof, inside or outside the Participating States. In accordance with the principle of subsidiarity, the Mechanism can make support available on request when a disaster overwhelms the response capacity of an affected country. By pooling the civil protection capabilities of the Participating States, the Mechanism can ensure even better protection primarily of people, but also of the natural environment, cultural heritage and property.
The Mechanism consists of a series of elements and actions, which are intended to facilitate both adequate preparedness and effective response. The most relevant ones for this contract are:
· The Monitoring and Information Centre (MIC) is the operational heart of the Mechanism. It is operated by ECHO and is accessible 24 hours a day. It provides countries access to a platform, a one-stop-shop of civil protection means available amongst all the Participating States. Any country inside or outside the Union affected by a major disaster can make a request for assistance through the MIC. Besides acting as a communication hub, it provides updated information on the current status of the ongoing emergency and needs and also plays a coordination role at headquarter level by matching the offers to the needs and helping the use of incoming assistance by dispatching field experts.
· The Common Emergency and Information System (CECIS), a web-based alert and notification application has been established to facilitate emergency communications among the Participating States [9]. It provides an integrated platform to send and receive alerts and, details of assistance required, to make offers of assistance and to monitor the development of the ongoing emergencies as they develop.
Allocations from the EU’s budget finance the functioning of the Mechanism on the basis of Council Decision 2007/162/EC, Euratom establishing a Civil Protection Financial Instrument and of Commission Decision 2007/606 of 8 August 2007 implementing Council Decision 2007/162/EC. In the field of transport, the Instrument allows for the funding of a number of actions aiming at facilitating the transport of Participating States' civil protection assistance to the affected country, both for emergencies within the EU and in third countries, improving, therefore, the response capacity.
It should be noted that while in most of the cases the civil protection assistance will need to be transported from the territory of a Participating State to that of the affected country, on occasion the origin of transport and other logistic support services may be outside of the EU.
The Commission is entrusted with the responsibility to support:
· the sharing or pooling of Participating States' transport assets made available on voluntary basis;
· the identification of transport assets available on the commercial market or from any other sources and