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Invitation to tender and ToRs EUROPEAN COMMISSION DIRECTORATE-GENERAL for TRADE Directorate A Unit A.3 Information, Communication and Civil Society CALL FOR TENDERS No. TRADE 2018/A3/A11 Supply and update of data for the 'requirements' and 'internal taxes' sections of the European Commission's Trade Helpdesk website and database TENDER SPECIFICATIONS Ref. Ares(2018)3685194 - 11/07/2018
Transcript
  • Invitation to tender and ToRs

    EUROPEAN COMMISSION DIRECTORATE-GENERAL for TRADE Directorate A Unit A.3 – Information, Communication and Civil Society

    CALL FOR TENDERS

    No. TRADE 2018/A3/A11

    Supply and update of data for the 'requirements' and

    'internal taxes' sections of the European Commission's

    Trade Helpdesk website and database

    TENDER SPECIFICATIONS

    Ref. Ares(2018)3685194 - 11/07/2018

  • 2

    TABLE OF CONTENTS

    1. INFORMATION ON TENDERING .......................................................................... 3

    1.1. Participation ......................................................................................................... 3

    1.2. Contractual conditions.......................................................................................... 3

    1.3. Compliance with applicable law .......................................................................... 3

    1.4. Joint tenders.......................................................................................................... 3

    1.5. Subcontracting ...................................................................................................... 4

    1.6. Structure and content of the tender ...................................................................... 4

    1.7. Identification of the tenderer ................................................................................ 5

    2. TECHNICAL SPECIFICATIONS ............................................................................. 6

    2.1. General background ............................................................................................. 6

    2.2. Overall objective .................................................................................................. 6

    2.3. Specific objectives................................................................................................ 8

    3. WORKS TO BE CARRIED OUT .............................................................................. 8

    4. FORMAT AND TECHNICAL REQUIREMENTS OF THE DELIVERABLES .. 10

    4.1. Format ................................................................................................................ 10

    4.2. Technical Requirements ..................................................................................... 14

    5. REPORTING REQUIREMENTS ............................................................................ 14

    6. OTHER CONDITIONS ............................................................................................ 14

    7. TIMING .................................................................................................................... 15

    8. BUDGET ................................................................................................................... 15

    9. PAYMENT................................................................................................................ 15

    10. EVALUATION AND AWARD ............................................................................... 16

    10.1. Verification of non-exclusion........................................................................... 16

    10.2. Selection criteria ............................................................................................... 17

    10.3. Award criteria ................................................................................................... 20

    10.4. Ranking of tenders ........................................................................................... 22

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    1. INFORMATION ON TENDERING

    1.1. Participation

    Participation in this procurement procedure is open on equal terms to all natural and legal

    persons coming within the scope of the Treaties, as well as to international organisations.

    It is also open to all natural and legal persons established in a third country which has a

    special agreement with the Union in the field of public procurement on the conditions laid

    down in that agreement. Where the plurilateral Agreement on Government Procurement1

    concluded within the World Trade Organisation applies, the participation to this procedure is

    also open to all natural and legal persons established in the countries that have ratified this

    Agreement, on the conditions it lays down.

    1.2. Contractual conditions

    The tenderer should bear in mind the provisions of the draft contract annexed to the invitation

    to tender which specifies the rights and obligations of the contractor, particularly those on

    payments, performance of the contract, confidentiality, and checks and audits. By submitting

    a tender the tenderer accepts the conditions set out in the draft contract were it to be awarded

    the contract.

    1.3. Compliance with applicable law

    The tender must comply with applicable environmental, social and labour law obligations

    established by Union law, national legislation, collective agreements or the international

    environmental, social and labour conventions listed in Annex X to Directive 2014/24/EU2.

    1.4. Joint tenders

    A joint tender is a situation where a tender is submitted by a group of economic operators

    (natural or legal persons). Joint tenders may include subcontractors in addition to the

    members of the group.

    In case of joint tender, all members of the group assume joint and several liability towards the

    contracting authority for the performance of the contract as a whole, i.e. both financial and

    operational liability. Nevertheless, tenderers must designate one of the economic operators as

    a single point of contact (the leader) for the contracting authority for administrative and

    financial aspects as well as operational management of the contract.

    After the award, the contracting authority will sign the contract either with all members of the

    group, or with the leader on behalf of all members of the group, authorised by the other

    members via powers of attorney.

    1 See http://www.wto.org/english/tratop_E/gproc_e/gp_gpa_e.htm

    2 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public

    procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

    http://www.wto.org/english/tratop_E/gproc_e/gp_gpa_e.htm

  • 4

    1.5. Subcontracting

    Subcontracting is permitted but the contractor will retain full liability towards the contracting

    authority for performance of the contract as a whole.

    Tenderers are required to identify subcontractors whose share of the contract is above 10%

    and whose capacity is necessary to fulfil the selection criteria.

    During contract performance, the change of any subcontractor identified in the tender or

    additional subcontracting will be subject to prior written approval of the contracting authority.

    1.6. Structure and content of the tender

    The tenders must be presented as follows:

    Part A: Identification of the tenderer (see section 1.7)

    Part B: Verification of non-exclusion (see section 10.1)

    Part C: Selection criteria (see section 10.2)

    Part D: Technical offer

    The technical offer must cover all aspects and tasks required in the technical specifications

    and provide all the information needed to apply the award criteria.

    The tender must include:

    A description of the general approach to the objectives of the tender and understanding of the tasks and services to be rendered.

    A description of the quality of data sources and of the quality of an appropriate network of information sources in the relevant competent authorities of the EU member states.

    A description of the data collection, the data analysis, the identification of legislation and its applicability to goods, the identification of possible exemptions, the mapping of specific

    requirements with particular classification codes and the quality assurance methodology

    (including the guarantee of compliance with the technical requirements), containing the list

    of steps and/or checks performed to ensure the data content is complete and technically

    correct.

    A description of the methodology and approach to update the data, in particular the proposed frequency of checks and delivery of updates (minimum of four per year) and a

    list of concrete situations where the identification of applicable legislation triggered the

    update of the dataset and hence the identification of the classification codes.

    The required sample datasets for Lot 1 and Lot 2 which will serve to demonstrate the tenderer’s knowledge in that area and the compliance with the technical requirements. The

    final sample datasets must be included in the technical offer.

  • 5

    A detailed procedural description of the handling of information requests related to the data supplied. The tenderer must indicate how he intends to follow-up inquiries originating

    from users of the Trade Helpdesk portal.

    A description of the approach to select topic-related news amongst the important changes in the areas "requirements" and "internal taxes".

    A description of how continuity of service can be guaranteed.

    Offers deviating from the requirements or not covering all requirements may be rejected on

    the basis of non-compliance with the tender specifications and will not be evaluated.

    Part E: Financial offer

    The annual budget of the contract(s), including all costs is estimated not to exceed EUR

    500,000 (five hundred thousand) (EUR 400,000 for lot 1, EUR 100,000 for lot 2) for its total

    duration (maximum 3 years). The total budget is estimated not to exceed EUR 1,200,000 for Lot

    1 and EUR 300,000 for Lot 2 for the whole period of the three years, 2019, 2020 and 2021.

    The price for the tender must be quoted in euro. Tenderers from countries outside the euro

    zone have to quote their prices in euro. The price quoted may not be revised in line with

    exchange rate movements. It is for the tenderer to bear the risks or the benefits deriving from

    any variation.

    Prices must be quoted free of all duties, taxes and other charges, including VAT, as the

    European Union is exempt from such charges under Articles 3 and 4 of the Protocol on the

    privileges and immunities of the European Union. The amount of VAT may be shown

    separately.

    The quoted price must be a fixed amount which includes all charges (including travel and

    subsistence). The offer shall also indicate the prices for unit of time (either in EUR per hour, day

    or month) that are fixed and non-revisable amounts. The Commission shall not reimburse

    separately travel or subsistence expenses, nor any other costs such as translation costs, database

    management or administrative costs necessary to carry out the tasks of the contract (offices,

    secretarial assistance, communications, printing costs of documents, dispatch costs, etc.).

    Therefore, the tenderer is requested to take into account all these costs when preparing the offer.

    The tenderer shall quote separately for each lot he is tendering. He may indicate any price

    reduction he is prepared to grant in the event of being awarded a contract for both lots.

    1.7. Identification of the tenderer

    The tender must include the tender submission form (see annex 2) signed by an authorised

    representative presenting the name of the tenderer (including all entities in case of joint

    tender) and identified subcontractors if applicable, and the name of the single contact point

    (leader) in relation to this procedure.

    In case of joint tender, the cover letter must be signed either by an authorised representative

    for each member, or by the leader authorised by the other members with powers of attorney.

    The signed powers of attorney must be included in the tender as well. Subcontractors that are

  • 6

    identified in the tender must provide a letter of intent signed by an authorised representative

    stating their willingness to provide the services presented in the tender and in line with the

    present tender specifications.

    The tenderer (and each member of the group in case of a joint tender) must declare whether it

    is a Small or Medium Size Enterprise in accordance with Commission Recommendation

    2003/361/EC. This information is used for statistical purposes only.

    2. TECHNICAL SPECIFICATIONS

    2.1. General background

    The European Commission’s Directorate-General for Trade (DG Trade) implements the EU’s

    trade policy in order to help secure prosperity, solidarity and security in Europe and around

    the globe.

    DG Trade contributes to shaping a trade environment that is good for European citizens and

    European business.

    DG Trade is committed to liberalising world trade and fostering sustainable economic, social

    and environmental development, thereby boosting competitiveness, jobs and growth.

    DG Trade has a full agenda: negotiating bilateral and multilateral trade agreements, ensuring

    that the rules we agree with other countries are effectively applied, and working closely with

    the WTO and other multilateral institutions. This allows us to promote international trade and

    to tackle trade barriers and unfair trade practices, backed up — where needed — by EU

    legislation. Our aim is to meet the challenges posed by globalisation and to ensure that as

    many people as possible can seize the opportunities it offers.

    More information is available at DG TRADE's website:

    http://ec.europa.eu/trade/whatwedo/work/index_en.htm.

    2.2. Overall objective

    The Trade Helpdesk website and database is an important operational tool for the

    implementation of bilateral trade agreements and to the EU trade policy in general. It is an

    online service that offers companies within the EU and in trade partner countries practical

    information on how to import goods to the EU market. This should lead companies to make

    better use of the existing trade agreements.

    Today the Trade Helpdesk provides the following service online in four languages (English,

    French, Spanish, Portuguese).

    – A website with narrative content about the European Union and its internal market as well as about its general import conditions for products, a list of specific product

    requirements, tariffs, the EU preferential arrangements with their basic descriptions of

    rules of origin. The website contains:

    http://ec.europa.eu/trade/whatwedo/work/index_en.htm

  • 7

    o An overview of the EU product requirements (maintaining a list and short descriptions of all requirements and assisting with the update of this overview is

    subject of this call for tenders)

    o "News" section which provides import related news items. (suggested draft texts for this section are subject of this call for tenders)

    o Contact form for direct inquiries (assisting with complex, product-specific inquiries is subject of this call for tenders)

    – A searchable database which gives direct access to the following elements of information on a single webpage:

    o general import procedures for the EU and for each Member State, including documents for customs clearance (subject of this call for tenders),

    o product specific requirements (subject of this call for tenders),

    o Member States internal taxes, i.e. VAT and excise duties including their footnotes (subject of this call for tenders),

    o Tax- and excise duty related information for the EU and for each Member State (subject of this call for tenders),

    o the competent authorities in charge of the implementation of general and product-specific requirements in the EU member states (subject of this call

    for tenders),

    o ERGA OMNES tariffs and preferential tariffs (NOT subject of this call for tenders),

    o rules of origin under the trade agreements and preferential schemes (NOT subject of this call for tenders),

    o trade statistics for import and export in value and quantity (NOT subject of this call for tenders).

    – The database also includes the product classification tree of the combined nomenclature (CN) which needs to be updated once a year. (subject of this call for

    tenders)

    – The database also includes the connection (mapping) between product classification codes and EU product specific requirements which needs to be

    updated each time the Combined Nomenclature changes and/or the EU product

    specific requirements and/or internal taxes are being amended. (subject of this call for

    tenders)

    The key features of the Trade Helpdesk are the following :

    - The database covers trade in goods (not services),

  • 8

    - The database is based on the research of the product code and provides 'real-life' data with regard to requirements, (preferential) tariffs, rules of origin, Member State taxes

    and trade statistics,

    - The essential elements of information retrieved upon a product-specific search are provided on a single webpage with direct links to the EU legislation

    - A news section with recent import related changes to EU legislation

    - Users can send product-specific inquiries via a contact form

    - Access to the information is free of charge,

    Important Note: During the contractual period the Trade Helpdesk website might undergo

    changes with regard to the presentation of the information. These changes are not expected to

    have any impact on the content of the data subject to the present call for tenders.

    2.3. Specific objectives

    The objectives of the current project, which is tendered by DG Trade, are:

    a) To procure data on the "general import procedures including documents for customs clearance" for the EU and for each EU Member State, general and product-specific

    import requirements and internal taxes” for goods exported from EU trade partner

    countries to the European Union,

    b) To procure data in an electronic format compatible with the Trade Helpdesk database (http://tradehelpdesk.europa.eu/) and assist with the updating of the parts of the

    website which are subject of this tender. See Annex 1A: technical requirements.

    c) To keep the data procured updated over the total duration of the contract.

    d) To maintain a list of all product requirements for DG Trade to update the overview on EU product requirements in section "requirements" of the Trade Helpdesk website

    e) Suggest draft texts and topics for DG Trade to inform the users of the service whenever important details of the EU import requirements and/or internal taxes

    change.

    f) To assist with the handling of product-specific inquiries.

    3. WORKS TO BE CARRIED OUT

    The following data updates and services will need to be provided for the year 2019 (and for

    the years 2020 and 2021 if the contract(s) is (are) renewed):

    A. Lot 1: Supply and update data on import requirements

    http://tradehelpdesk.europa.eu/

  • 9

    “Overview of EU import procedures including the documents for customs clearance”: to be provided by the tenderer in English, French, Spanish and

    Portuguese.

    "Import procedures and relevant competent authorities for each of the EU Member States: to be provided by the tenderer in English, French, Spanish and

    Portuguese

    "General requirements applicable to all products”. To be provided by the tenderer in English, French , Spanish and Portuguese

    “Product-specific requirements” at EU and Member State level. To be provided by the tenderer in English only.

    Include the "titles of requirements" in the dataset of the Trade Helpdesk. To be provided by the tenderer in English, French, Spanish and Portuguese

    Produce and maintain updated a list of all "titles of requirements" with short descriptions. To be provided by the tenderer in English, French, Spanish and

    Portuguese.

    Suggest draft texts for the "News" Section of the website for important changes in the import requirements. To be provided in English, French, Spanish and

    Portuguese.

    Provide ad-hoc assistance to DG Trade on general or product-specific import requirements, eg. on EU or Member State import restrictions or temporary

    import bans upon request. To be provided by the tenderer in English only

    B. Lot 2: Supply and update data on internal taxes, i.e. VAT and excise duties

    Overview of internal taxation: EU and Member State level. To be provided by the tenderer in English, Spanish, French and Portuguese.

    Internal taxes: VAT, excise and other duties applicable to those products subject to these taxes (mineral oil products, tobacco, alcoholic beverages, etc.): Member

    State level. To be provided by the tenderer in English, French, Spanish and

    Portuguese.

    Include footnotes relating to internal taxes into the dataset of the Trade Helpdesk. To be provided by the tenderer in English, French, Spanish and

    Portuguese

    Suggest draft texts for the "News" Section of the website for important changes in the internal taxes and excise duties. To be provided in English, French,

    Spanish and Portuguese.

    Provide ad-hoc assistance to DG Trade on questions related to legislation on EU and Member States taxes and excise duties upon request. To be provided by the

    tenderer in English only.

  • 10

    4. FORMAT AND TECHNICAL REQUIREMENTS OF THE DELIVERABLES

    4.1. Format

    The following current and future information is and should continue to be available on the

    Trade Helpdesk website in four languages:

    a) The descriptions of the product classification codes according to the Combined Nomenclature

    b) Overview of import procedures including the documents for customs clearance: EU and Member States

    c) General requirements for all products

    d) The titles of all product-specific EU requirements and short descriptions

    e) Overview of internal taxation for EU and Member States and footnotes relating to these taxes

    f) The suggested draft texts of the news items on the homepage of the Trade Helpdesk portal

    It should be noted that whilst the titles of the product-specific EU requirements in the

    database as well as the list of requirements titles with short descriptions for the website are

    provided in four languages, their explanatory texts are being provided in English only.

    Examples of "requirements titles", their short descriptions and of an explanatory text are

    given in Annex 1B. DG Trade reserves the option to have this information translated into

    other languages, e.g. French, Spanish, Portuguese.

    In all cases, data have to contain a reference to the “latest revision date DD/MM/YYYY”

    of the data displayed (the latest date until which the contractor has checked the validity of

    the data and made the necessary changes). The date of the “Latest revision date” has to be

    included in all html files so as to be visible for the users.

    The type of information and the structure of the data for both Lot 1 and Lot 2 are those

    available in the Trade Helpdesk database. They can be retrieved by launching a product-

    specific search via the search form on the homepage and should be used as a model. DG

    Trade, being the owner of the data, reserves the right to revise the way the result pages are

    being displayed on screen.

    Lot 1: EU and Member States’ import requirements

    The deliverables for Lot 1 include all information concerning EU and Member States’

    import requirements:

    a) Overview of import procedures including the documents for customs clearance,

    b) General requirements applicable to all products

  • 11

    c) Specific requirements, explanatory texts and information to link the explanatory texts to both the eight-digit CN codes and the country of origin of the product

    (including possible exceptions), relevant competent authorities in the EU Member

    States,

    d) Produce and maintain updated a list of all "titles of requirements" with short descriptions in English, French, Spanish and Portuguese,

    e) Suggested draft texts on important changes to the import and marketing requirements for the "News" section of the Trade Helpdesk website,

    f) Assistance with the handling of product-specific requests for information.

    For the purpose of these terms of reference, "explanatory text" (for the overview of

    import procedures, general requirements for all products, overview of internal taxation,

    and specific requirements) means the summary of the subject matter. For example the

    "explanatory text" for the Specific Requirement "Health control of products of animal

    origin for human consumption" will contain an explanation of the conditions to be

    fulfilled for such products to be imported into the EU, including references to sources of

    information, applicable legislation, etc. and the contact details of the competent

    authorities in each Member State. See Annex 1B presenting this requirement title and its

    explanatory text currently published on the Trade Helpdesk Website.

    The explanatory texts’ titles have to be delivered in English, French, Spanish,

    Portuguese since these document titles appear in the "list of requirements" of the result

    page of a product-specific search on the Trade Helpdesk database.

    A list of all requirements together with short descriptions has to be produced and

    updated in English, French, Spanish and Portuguese for DG Trade to keep the

    requirements section of the EU Trade Helpdesk Website complete and updated. See

    Annex 1B presenting examples of such short descriptions.

    The explanatory texts shall be delivered in English only, in the electronic format

    described in the technical requirements described in Annex 1A, and to be kept

    continuously updated during 2019 and, provided the contract is prolonged, also during

    2020 and 2021.

    The “Latest revision date” will have to be included in the files for each update delivery.

    a) Overview of import procedures

    The overview of import procedures shall contain horizontal information generally

    applicable to all goods imported to the EU and its Member States and/or information

    which cannot be linked to specific goods or CN codes.

    The EU Overview, in particular, should focus on updating and completing the section

    "The European Market" of the EU Trade Helpdesk website with its chapters "EU

    customs union", "EU import procedures" and "Documents for customs clearance". This

    section refers to documents which are needed for all goods, such as commercial

    invoices, customs value declarations, freight insurance, and any other documents that

    may be required to access the EU market. Models of such documents should be made

    available. Certificates of origin establishing the qualification of a product for

    preferential tariff treatment shall not be presented in this section. It may be necessary,

  • 12

    however, to include further information relevant to exporting to the EU, e.g. the

    registered exporter system.

    The Member States' overviews shall contain information generally applicable to all

    goods imported into a specific Member State. This includes inter alia information on

    accredited certification bodies and the description of points of entry specialised in the

    clearance of specific product groups. In addition, it shall contain any specific

    information relating to relevant legislation, which cannot be linked to specific goods or

    CN codes as contained in the EU Overview where appropriate. The specific

    documentation requirements need to be enumerated in this section, but not further

    described as they are dealt with in more detail in the following sections.

    b) General Requirements applicable to all products

    The General requirements applicable to all products should focus on updating and

    completing the chapter "EU legislation for all products" under heading "Requirements"

    of the EU Trade Helpdesk Website. Each general requirement, e.g. sanitary and

    phytosanitary, technical and environmental requirements, marketing standards and

    import restrictions as well as the chapters on "food and feed safety", "animal health",

    "plant health", "public health", "product safety", "technical standardisation",

    "packaging" etc. shall mention its purpose, indicate whether it is needed for customs

    clearance or for putting the goods on the market. Wherever appropriate, the text has to

    indicate the responsible authority with address (postal, website and email), telephone

    number, the language in which the documents have to be filled in, how to obtain it, the

    entity who may apply for it, the costs and duration of issuing the document, if possible,

    and any other information considered to be useful for the exporter.

    c) EU and Member States’ Specific Requirements

    This section contains EU and Member States’ Specific Requirements (product-specific

    import conditions and documents) necessary for putting the goods on the EU market:

    these concern among others, applicable technical requirements, conformity assessment

    procedures, veterinary and phyto-sanitary controls, labelling, etc.). It does not matter

    whether such requirements have to be met (and the related documents have to be

    produced) for customs clearance or for putting the goods on the market.

    The specific requirement (SR) must be analysed at EU and Member States level,

    summarising in detail:

    the scope/content/definition;

    the applicable legislation and related regulations (including links to the regulations);

    all import restrictions regarding the origin of a given product;

    the English translation/explanation of documents or forms to be used, or if no special document or form is prescribed, the minimum content required, the

    language in which it has to be filled in, how to obtain it, the entity who may apply

    for it, the costs and duration of issuing the document as well as any further

    information considered to be useful for the exporter;

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    the competent authority with address (postal, website and email addresses) and telephone number, and

    any other information considered to be useful for users, including upcoming changes within the scope of the described requirement.

    There will be cases where a specific requirement is not applicable to all goods covered

    by the eight digit CN code or applies only to a few of them. In that case, a list of

    inclusions ("only required for") or exclusions ("not required for") must be provided. In

    some cases these remarks on inclusions or exclusions are mentioned on the result page

    of the database.

    d) Produce and maintain updated a list of all "titles of requirements" with short

    descriptions in English, French, Spanish and Portuguese,

    The list of requirements will also be used by DG Trade to update section

    "Requirements" on the EU Trade Helpdesk website. The reports submitted together with

    each data update shall include the corrections/updates that need to be made in this

    section of the website.

    Annex 1B presents examples of requirement titles, short descriptions and explanatory

    texts.

    Lot 2 : EU and Member States' internal taxation

    The deliverables for Lot 2 include all information concerning EU and Member States’

    internal taxation:

    a) Overview of internal taxation including the contact details of the competent authority of each Member State and any other information considered useful for

    the users.

    This section will contain horizontal information on applicable EU and Member

    States' internal taxation, which cannot be linked to specific goods, e.g.

    definition/scope of the tax, applicable legislation, taxable amount, taxable

    products, etc.. It shall describe general features on the application of the respective

    tax regimes, e.g. procedure to obtain a tax refund, and the dutiable basis of the

    internal tax to allow the calculation of a “landed cost”.

    b) Specific internal taxes applicable in each of the EU Member State for goods imported from trade partner countries as identified by their eight-digit CN code.

    These data include

    i. VAT rates, and their footnotes with details as to when which VAT rate applies

    ii. excise and other duties applicable to products such as, for example tobacco, mineral oil products, alcoholic beverages, etc. and their footnotes

    with details as to when which excise duty rate applies.

    This section contains all internal taxes applicable in the individual Member States.

    Tax rate tables shall be submitted for each Member State and indicate the

  • 14

    applicable VAT rate and any other duty rate applicable to each product identified

    by its eight-digit CN code.

    In a number of Member States, the internal tax rate (VAT, excise and other duties)

    might not be linked directly to the eight digit CN code. In this case, the

    information shall be presented in a clear and user-friendly format.

    The information shall be delivered in English, French, Spanish and Portuguese, in

    the electronic format described in the technical requirements described in Annex

    1A, and to be kept continuously updated during 2019, and provided the contract is

    prolonged, also for 2020 and 2021.

    The “Latest revision date” will have to be included in the files for each update

    delivery

    The detailed information provided on internal taxation in general and on specific

    internal taxation will also be used by DG Trade to update section "Internal taxes"

    on the EU Trade Helpdesk website. The reports submitted together with each data

    update shall include the corrections/updates that need to be made in this section of

    the website.

    c) Suggested texts on important changes in the area of taxation for the "News" section of the Trade Helpdesk website have to be submitted in a separate

    document.

    4.2. Technical Requirements

    The technical requirements are those described in Annex 1A.

    Although great care has been given to the definition of the technical requirements, DG

    Trade reserves the right to make changes to them during the period of the contract. The

    occurrence of such modifications will in no case modify the price.

    5. REPORTING REQUIREMENTS

    Under the present Terms of Reference, "reporting requirements" are intended as the

    regular supply and update of the dataset as per the timetable to be provided by the

    contractor. Each update shall be accompanied by an updated list of updates and a report

    on the updates delivered. These lists of updates shall mention the due date of the update,

    the date it was delivered, when it was approved by DG Trade as well as a list of which

    requirements and which taxes have changed in the given period.

    6. OTHER CONDITIONS

    Please note that the European Commission reserves the right to enlarge the present

    contract to include Candidate Countries for EU accession when they effectively accede

    to the EU. Equally, the information relating to current EU Member States who have

    decided to leave the EU can be removed from the datasets relating to EU Member States

    and will be covered as "non-EU countries" or countries that export to the EU. Any such

  • 15

    amendments would not involve any additional payments by the Commission under this

    contract.

    7. TIMING

    The contract for each lot will start on the date on which it is signed by the last contracting

    party. Execution of the tasks, as defined in the model contract (Annex 4), shall start from

    the date the contract is signed by the last contracting party and will be ended on

    31/12/2019. The contract(s) may be renewed up to two times for a period of 12 months

    with the expressed prior written agreement of both parties.

    The contractor(s) will deliver and update the data for the year 2019. In order to guarantee

    the continuity of the service and to ensure that the data will be available in the Trade

    Helpdesk website as from January 2019 the data must be technically adjusted and ready

    before 15 January 2019 in order to be validated for the Trade Helpdesk database no later

    than 31 January 2019.

    Updates need to be provided on a regular basis for the total duration of the service

    contract. The proposed methodology for checking the validity of the data and making the

    necessary updates is a part of the award criteria. The purpose of the update is to ensure

    that the data provide an accurate and an up-to-date view of the import requirements as

    well as the internal taxes applicable to products accessing the EU market as well as a set

    of updated contact details of competent authorities in the EU Member States with

    addresses (postal, website and email addresses) and telephone numbers.

    The tenderers should take note that in case of late delivery of the data compared to the

    working plan set out in their offer, the Commission may impose liquidated damages

    according to the provisions of article II.16 of the contract.

    8. BUDGET

    The budget is divided into two lots, includes all costs and is estimated not to exceed EUR

    1,200,000 for Lot 1 and EUR 300,000 for Lot 2 for the whole period of the three years,

    2019, 2020 and 2021. For the year 2019 the budget is estimated not to exceed:

    EUR 400,000 for Lot 1

    EUR 100,000 for Lot 2

    The tenderer should however be aware that the contract award criteria are based on the

    most economically advantageous tender.

    The price offer of the tender must be complete. The tenderer must not include in the price

    offer expenses for items that cannot be itemized and specified as requested (see Annex

    3); otherwise, the tender will be rejected.

    9. PAYMENT

    The payments shall be made in two instalments, on submission to the contracting

    authority, by the contractor of duly established invoices.

  • 16

    1) First payment: 30% of the contracted amount upon acceptance by the Commission of

    the initial data delivery

    2) Final payment: 70% of the contracted amount upon acceptance by the Commission of

    the final update provided at the end of the calendar year and approval of the report giving

    a summary of the updates delivered throughout the year.

    Payments shall be made in Euro (EUR).

    10. EVALUATION AND AWARD

    The evaluation is based solely on the information provided in the submitted tender. It involves

    the following:

    Verification of non-exclusion of tenderers on the basis of the exclusion criteria

    Selection of tenderers on the basis of selection criteria

    Verification of compliance with the minimum requirements set out in these tender specifications

    Evaluation of tenders on the basis of the award criteria

    The contracting authority may reject abnormally low tenders, in particular if it established that

    the tenderer or a subcontractor does not comply with applicable obligations in the fields of

    environmental, social and labour law.

    The tenders will be assessed in the order indicated above. Only tenders meeting the

    requirements of one step will pass on to the next step.

    10.1. Verification of non-exclusion

    All tenderers must provide a declaration on honour (see Annex 2), signed and dated by an

    authorised representative, stating that they are not in one of the situations of exclusion listed

    in that declaration on honour.

    In the case of a joint tender, each member of the group must provide a declaration on honour

    signed by an authorised representative.

    In the case of subcontracting, all subcontractors whose share of the contract is above 10 %

    and whose capacity is necessary to fulfil the selection criteria must provide a declaration on

    honour signed by an authorised representative.

    The contracting authority reserves the right to verify whether the successful tenderer is in one

    of the situations of exclusion by requiring the supporting documents listed in the declaration

    of honour.

    The successful tenderer must provide the documents mentioned as supporting evidence in the

    declaration on honour before signature of the contract and within a deadline given by the

    contracting authority. This requirement applies to each member of the group in the case of a

  • 17

    joint tender and to all subcontractors whose share of the contract is above 10% and whose

    capacity is necessary to fulfil the selection criteria.

    The obligation to submit supporting evidence does not apply to international organisations.

    A tenderer (or a member of the group in the case of a joint tender, or a subcontractor) is not

    required to submit the documentary evidence if it has already been submitted for another

    procurement procedure and provided the documents were issued not more than one year

    before the date of their request by the contracting authority and are still valid at that date. In

    such cases, the tenderer must declare on its honour that the documentary evidence has already

    been provided in a previous procurement procedure, indicate the reference of the procedure

    and confirm that that there has been no change in its situation.

    A tenderer (or a member of the group in the case of a joint tender, or a subcontractor) is not

    required to submit a specific document if the contracting authority can access the document in

    question on a national database free of charge.

    10.2. Selection criteria

    Tenderers must prove their legal, regulatory, economic, financial, technical and professional

    capacity to carry out the work subject to this procurement procedure.

    The tenderer may 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 an undertaking on the part of those entities to place those resources at its disposal.

    The tender must include the proportion of the contract that the tenderer intends to subcontract.

    The tenderer (and each member of the group in the case of a joint tender) must declare

    whether it is a Small or Medium Size Enterprise in accordance with Commission

    Recommendation 2003/361/EC. This information is used for statistical purposes only.

    10.2.1. Declaration and evidence

    The tenderers (and each member of the group in the case of a joint tender) and subcontractors

    whose capacity is necessary to fulfil the selection criteria must provide the declaration on

    honour (see Annex 2), signed and dated by an authorised representative, stating that they fulfil

    the selection criteria applicable to them. In the case of a joint tender or subcontracting, the

    criteria applicable to the tenderer as a whole will be verified by combining the various

    declarations for a consolidated assessment.

    This declaration is part of the declaration used for exclusion criteria (see section 4.1) so only

    one declaration covering both aspects should be provided by each concerned entity.

    The contracting authority will evaluate selection criteria on the basis of the declarations on

    honour and evidence in relation to technical and professional capacity. Nevertheless, it

    reserves the right to require evidence of the legal and regulatory, financial and economic

    capacity of the tenderers at any time during the procurement procedure and contract

    performance. In such a case the tenderer must provide the requested evidence without delay.

    http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:124:0036:0041:en:PDFhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:124:0036:0041:en:PDF

  • 18

    After contract award, the successful tenderer(s) will be required to provide the evidence

    mentioned below before signature of the contract and within a deadline given by the

    contracting authority. This requirement applies to each member of the group in the case of a

    joint tender and to subcontractors whose capacity is necessary to fulfil the selection criteria.

    A tenderer (or a member of the group in case of joint tender, or a subcontractor) is not

    required to submit the documentary evidence if it has already been submitted for another

    procurement procedure and provided the documents were issued not more than one year

    before the date of their request by the contracting authority and are still valid at that date. In

    such cases, the tenderer must declare on its honour that the documentary evidence has already

    been provided in a previous procurement procedure, indicate the reference of the procedure

    and confirm that that there has been no change in its situation.

    A tenderer (or a member of the group in case of joint tender, or a subcontractor) is not

    required to submit a specific document if the contracting authority can access the document in

    question on a national database free of charge.

    10.2.2. Legal and regulatory capacity

    Where requested by the contracting authority, tenderers must prove that they are allowed to

    pursue the professional activity necessary to carry out the work subject to this call for tender.

    The tenderer (including each member of the group in the case of a joint tender) must provide

    the following information if it has not been provided with the Legal Entity Form:

    - For legal persons, a legible copy of the notice of appointment of the persons authorised to

    represent the tenderer in dealings with third parties and in legal proceedings, or a copy of the

    publication of such appointment if the legislation applicable to the legal person requires such

    publication. Any delegation of this authorisation to another representative not indicated in the

    official appointment must be evidenced.

    - For natural persons, if required under applicable law, a proof of registration on a

    professional or trade register or any other official document showing the registration number.

    10.2.3. Economic and financial capacity criteria

    Criteria: The tenderer must have the necessary economic and financial capacity to perform

    this contract until its end. In order to prove their capacity, the tenderer must comply with the

    following selection criterion:

    - Turnover of the last two financial years above EUR 500,000 (five hundred thousand) per

    year; this criterion applies to the tenderer as a whole, i.e. the combined capacity of all

    members of the group in the case of joint tender..

    Evidence: On request from the contracting authority, the tenderer should be able to provide

    the following evidence at short notice:

    - Copy of the profit and loss accounts and balance sheet for the last two years for which

    accounts have been closed from each concerned legal entity;

    - Failing that, appropriate statements from banks;

  • 19

    If, for some exceptional reason which the contracting authority considers justified, a tenderer

    is unable to provide one or other of the above documents, it may prove its economic and

    financial capacity by any other document which the contracting authority considers

    appropriate. In any case, the contracting authority must at least be notified of the exceptional

    reason and its justification. The Commission reserves the right to request any other document

    enabling it to verify the tenderer's economic and financial capacity.

    10.2.4. Technical and professional capacity criteria and evidence

    Criteria : for both Lots 1 and 2, the teams must include substantial expertise and professional

    experience in the following areas:

    Substantial experience and up-to-date expertise in handling data processing and website applications,

    Thorough knowledge of non-tariff measures harmonised at EU level and the ability to describe, in a reader-friendly way, EU legislation applying to import procedures

    and to specific product groups.

    Thorough knowledge in analysing and identifying legislative texts and mapping specific requirements deriving from the legislation with product classification

    systems.

    Capability to produce written material in English to a very high standard.

    Evidence : The following information, concerning the service provider's own position and the

    information and formalities necessary for an appraisal of the minimum technical standards

    required, should be supplied:

    1. Details of educational and professional qualifications of the proposed experts providing the services by including detailed CV´s:

    o For Lot 1 : This should indicate at least 5 years expertise in, and their knowledge of (1) trade measures affecting imports into the EU and customs procedures at

    EU and Member States’ level, (2) the European Union’s coding system for

    classifying products (Combined Nomenclature), including practical experience

    with the identification and mapping of legislation with classification systems for

    goods.

    o For Lot 2 : This should indicate at least 5 years expertise in, and their knowledge of (1) VAT and other internal taxes’ related legislation, (2) the European Union’s

    coding system for classifying products (Combined Nomenclature), including

    practical experience with the identification and mapping of legislation with

    classification systems for goods.

    and

    2. A list of 3 similar database projects (not necessarily finalised) that were carried out under the applicant’s direct responsibility during the past 3 years proving merit and

    experience in:

    o For Lot 1: (1) trade measures affecting imports into the EU and other related legislations at EU and Member States’ level, (2) the European Union’s coding

    system for classifying products (Combined Nomenclature), including practical

    experience with the classification of goods.

  • 20

    o For Lot 2: (1) VAT and other internal taxes’ related legislation, (2) the European Union’s coding system for classifying products (Combined Nomenclature),

    including practical experience in classification of goods.

    Where tenderers wish to sub-contract or otherwise rely on the capacities of other entities, they

    must in that case prove that they will have at their disposal the resources necessary for

    performance of the contract, for example by producing an undertaking on the part of those

    entities to place those resources at their disposal.

    Only those proposals which meet all the Selection Criteria will be carried forward for

    assessment under the Award Criteria.

    10.3. Award criteria

    The contract will be awarded to the “most economically advantageous tender”.

    Criteria to be applied are:

    price (price of the tender measured as a ratio compared to the lowest tender3), (40%) and

    quality in terms of technical quality of the offer (60%) assessed on the basis of the following sub-criteria:

    3 By using the formula: Price of the lowest tender

    * fixed percentage = … % for the criterion ‘price’

    Price of the tender

  • 21

    No Qualitative award criteria Weighting (maximum points)

    1. Data collection methodology: a description of the quality of data sources and of the quality of an appropriate network of

    information sources in the relevant competent authorities in the

    Member States of the EU.

    15

    2. Data quality assurance methodology: A description of the data collection, data analysis, the identification of legislation and its

    applicability to goods, the identification of possible exemptions,

    the mapping of the data with the classification codes and the

    processing of the data in compliance with the technical

    requirements of this tender including the list of steps and/or

    checks performed to ensure the data content is correct,

    complete and technically exact and the measures in place to

    assure business continuity.

    35

    3. Methodology of frequency of updates: A description of the methodology and approach to update the data, in particular the

    proposed frequency of checks and delivery of updates

    (minimum of four per year) and a list of concrete situations

    where the identification of applicable legislation triggered the

    update of the dataset and hence the identification of the

    classification codes.

    35

    4. A description of the approach to following up information requests originating from users of the Trade Helpdesk portal

    related to the data supplied to be assessed on the basis of a

    detailed procedural description of the handling of such

    inquiries.

    10

    5. A description of the approach to select topic-related news amongst the important changes in the areas "requirements" and

    "internal taxes"

    5

    Total number of points …./100

    The evaluation board will compare the offers based on this score, it being clear that the

    Commission cannot be required to accept an offer the quality of which does not reach the

    minimum standard of 65%.

    A minimum threshold of 50% will also be applied per criterion, meaning that the Commission

    will only assess further offers that obtain 50 % or more on a single criterion.

    The sum of the price and quality criteria will result in a numerical score (e.g. 75%).

  • 22

    10.4. Ranking of tenders

    The contract will be awarded to the most economically advantageous tender/s, i.e. the tender/s

    offering the best price-quality ratio for each lot determined in accordance with the formula

    below. A weight of 60/40 is given to quality and price.

    score for tender X = cheapest price

    price of tender X * 100 *

    price weighting (in 40%)

    + total quality score (out of 100)

    for all award criteria of tender X *

    quality criteria weighting (in 60%)

    The tender ranked first after applying the formula will be awarded the contract.

    Enclosures of the Terms of reference:

    Annex 1A: Technical requirements

    Annex 1B: Examples of requirements titles, short descriptions and explanatory texts

    Annex 2: Tender submission form including tenderer’s declaration, statement of exclusivity and

    availability

    Annex 3: Quotation forms for Lot 1 and Lot 2

    Annex 4: Model contract, which will be proposed to the selected Contractor.

  • 1

    ANNEX 2

    FORMS TO BE SUBMITTED

    tender submission form

    declaration on honour on exclusion and selection criteria

    statement of exclusivity and availability

    checklist of documents to be submitted

  • 2

    (preferably on headed notepaper of the tenderer)

    TENDER SUBMISSION FORM (To be completed by the authorised representative of the tenderer)

    Contract to […]

    Publication reference:

    _______________________________________________________________________

    1 SUBMITTED by

    Tenderer name

    *

    * In the case of a joint tender, insert the agreed name of the consortium

    2 STATEMENT

    I, the undersigned, being the authorised representative of the above tenderer (including all

    partners, in the case of a joint tender), hereby declare that we have examined and accept

    without reserve or restriction the entire contents of the tender dossier for the tender procedure

    referred to above.

    We offer to provide the services requested in the tender dossier on the basis of the following

    documents, which comprise our technical and financial offer,

    Declaration on honour on exclusion and selection criteria and all documents as specified

    in the tender specifications

    Statements of exclusivity and availability signed by each of the key experts

    Description of the organisation & methodology

    Key experts (comprising a list of the key experts and their CVs)

    Unit prices quote, using the model in Annex 3 of the Terms of Reference.

    [If applicable: We retain full liability towards the Commission for performance of the

    contract as a whole, including for the parts of the services for which we have stated our

    intention to sub-contract in the Organisation and Methodology.]

    [If applicable: We declare that we are a Small or Medium Size Enterprise in accordance with

    Commission Recommendation 2003/361/EC.]

    This tender is subject to acceptance within the validity period stipulated in the “Invitation to

    tender”.

    Signed on behalf of the tenderer; preferably on headed notepaper of the tenderer.

    Name

    Signature

    Date

    (preferably on headed notepaper of the tenderer)

  • 3

    Declaration on honour on

    exclusion criteria and selection criteria

    The undersigned [insert name of the signatory of this form], representing:

    (only for natural persons)

    himself or herself

    (only for legal persons) the following legal person:

    ID or passport number:

    (‘the person’)

    Full official name:

    Official legal form:

    Statutory registration number:

    Full official address:

    VAT registration number:

    (‘the person’)

    I – Situation of exclusion concerning the person

    declares that the above-mentioned person is in one of the following situations:

    YES NO

    a) it is bankrupt, subject to insolvency or winding up procedures, its assets are being administered by a liquidator or by a court, it is in an arrangement with

    creditors, its business activities are suspended or it is in any analogous situation

    arising from a similar procedure provided for under national legislation or

    regulations;

    b) it has been established by a final judgement or a final administrative decision that the person is in breach of its obligations relating to the payment of taxes or

    social security contributions in accordance with the law of the country in which

    it is established, with those of the country in which the contracting authority is

    located or those of the country of the performance of the contract;

    c) it has been established by a final judgement or a final administrative decision that the person is guilty of grave professional misconduct by having violated

    applicable laws or regulations or ethical standards of the profession to which

    the person belongs, or by having engaged in any wrongful conduct which has

    an impact on its professional credibity where such conduct denotes wrongful

    intent or gross negligence, including, in particular, any of the following:

    (i) fraudulently or negligently misrepresenting information required for the

    verification of the absence of grounds for exclusion or the fulfilment of

    selection criteria or in the performance of a contract;

    (ii) entering into agreement with other persons with the aim of distorting

    competition;

    (iii) violating intellectual property rights;

    (iv) attempting to influence the decision-making process of the contracting

    authority during the award procedure;

    (v) attempting to obtain confidential information that may confer upon it

    undue advantages in the award procedure;

  • 4

    d) it has been established by a final judgement that the person is guilty of the following:

    (i) fraud, within the meaning of Article 1 of the Convention on the

    protection of the European Communities' financial interests, drawn up by

    the Council Act of 26 July 1995;

    (ii) corruption, as defined in Article 3 of the Convention on the fight against

    corruption involving officials of the European Communities or officials of

    EU Member States, drawn up by the Council Act of 26 May 1997, and in

    Article 2(1) of Council Framework Decision 2003/568/JHA, as well as

    corruption as defined in the legal provisions of the country where the

    contracting authority is located, the country in which the person is

    established or the country of the performance of the contract;

    (iii) participation in a criminal organisation, as defined in Article 2 of

    Council Framework Decision 2008/841/JHA;

    (iv) money laundering or terrorist financing, as defined in Article 1 of

    Directive 2005/60/EC of the European Parliament and of the Council;

    (v) terrorist-related offences or offences linked to terrorist activities, as

    defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA,

    respectively, or inciting, aiding, abetting or attempting to commit such

    offences, as referred to in Article 4 of that Decision;

    (vi) child labour or other forms of trafficking in human beings as defined in

    Article 2 of Directive 2011/36/EU of the European Parliament and of the

    Council;

    e) the person has shown significant deficiencies in complying with the main obligations in the performance of a contract financed by the Union’s budget,

    which has led to its early termination or to the application of liquidated

    damages or other contractual penalties, or which has been discovered following

    checks, audits or investigations by an Authorising Officer, OLAF or the Court

    of Auditors;

    f) it has been established by a final judgment or final administrative decision that the person has committed an irregularity within the meaning of Article 1(2) of

    Council Regulation (EC, Euratom) No 2988/95;

    g) for the situations of grave professional misconduct, fraud, corruption, other criminal offences, significant deficiencies in the performance of the contract or

    irregularity, the applicant is subject to:

    i. facts established in the context of audits or investigations carried out by the Court of Auditors, OLAF or internal audit, or any other check, audit or

    control performed under the responsibility of an authorising officer of an

    EU institution, of a European office or of an EU agency or body;

    ii. non-final administrative decisions which may include disciplinary measures taken by the competent supervisory body responsible for the verification of

    the application of standards of professional ethics;

    iii. decisions of the ECB, the EIB, the European Investment Fund or international organisations;

    iv. decisions of the Commission relating to the infringement of the Union's competition rules or of a national competent authority relating to the

  • 5

    infringement of Union or national competition law; or

    v. decisions of exclusion by an authorising officer of an EU institution, of a European office or of an EU agency or body.

    II – Situations of exclusion concerning natural persons with power of representation,

    decision-making or control over the legal person

    Not applicable to natural persons, Member States and local authorities

    declares that a natural person who is a member of the administrative, management or supervisory body of the above-mentioned legal person,

    or who has powers of representation, decision or control with regard to

    the above-mentioned legal person (this covers company directors,

    members of management or supervisory bodies, and cases where one

    natural person holds a majority of shares) is in one of the following

    situations:

    YES NO N/A

    Situation (c) above (grave professional misconduct)

    Situation (d) above (fraud, corruption or other criminal offence)

    Situation (e) above (significant deficiencies in performance of a contract )

    Situation (f) above (irregularity)

    III – Situations of exclusion concerning natural or legal persons assuming unlimited

    liability for the debts of the legal person

    declares that a natural or legal person that assumes unlimited liability for the debts of the above-mentioned legal person is in one of the

    following situations:

    YES NO N/A

    Situation (a) above (bankruptcy)

    Situation (b) above (breach in payment of taxes or social security

    contributions)

    IV – Grounds for rejection from this procedure

    declares that the above-mentioned person: YES NO

    h) has distorted competition by being previously involved in the preparation of procurement documents for this procurement procedure.

  • 6

    V – Remedial measures

    If the person declares one of the situations of exclusion listed above, it must indicate measures

    it has taken to remedy the exclusion situation, thus demonstrating its reliability. This may

    include e.g. technical, organisational and personnel measures to prevent further occurrence,

    compensation of damage or payment of fines. The relevant documentary evidence which

    illustrates the remedial measures taken must be provided in annex to this declaration. This

    does not apply for situations referred in point (d) of this declaration.

    VI – Evidence upon request

    Upon request and within the time limit set by the contracting authority the person must

    provide information on the persons that are members of the administrative, management or

    supervisory body. It must also provide the following evidence concerning the person itself

    and concerning the natural or legal persons which assume unlimited liability for the debt of

    the person:

    For situations described in (a), (c), (d) or (f), production of a recent extract from the

    judicial record is required or, failing that, an equivalent document recently issued by a

    judicial or administrative authority in the country of establishment of the person showing

    that those requirements are satisfied.

    For the situation described in point (a) or (b), production of recent certificates issued by the

    competent authorities of the State concerned are required. These documents must provide

    evidence covering all taxes and social security contributions for which the person is liable,

    including for example, VAT, income tax (natural persons only), company tax (legal

    persons only) and social security contributions. Where any document described above is

    not issued in the country concerned, it may be replaced by a sworn statement made before

    a judicial authority or notary or, failing that, a solemn statement made before an

    administrative authority or a qualified professional body in its country of establishment.

    The person is not required to submit the evidence if it has already been submitted for another

    procurement procedure. The documents must have been issued no more than one year before

    the date of their request by the contracting authority and must still be valid at that date.

    The signatory declares that the person has already provided the documentary evidence for a

    previous procedure and confirms that there has been no change in its situation:

    Document Full reference to previous procedure

    Insert as many lines as necessary.

    VII – Selection criteria

    declares that the above-mentioned person complies with the selection criteria applicable to it individually as provided in the

    tender specifications:

    YES NO N/A

  • 7

    (a) It has the legal and regulatory capacity to pursue the professional activity needed for performing the contract as required in section

    10.2.2 of the tender specifications;

    (b) It fulfills the applicable economic and financial criteria indicated in section 10.2.3 of the tender specifications;

    (c) It fulfills the applicable technical and professional criteria indicated in section 10.2.4 of the tender specifications.

    if the above-mentioned person is the sole tenderer or the leader in case of joint tender, declares that:

    YES NO N/A

    (d) the tenderer, including all members of the group in case of joint tender and including subcontractors if applicable, complies with all

    the selection criteria for which a consolidated asseessment will be

    made as provided in the tender specifications.

    VIII – Evidence for selection

    The signatory declares that the above-mentioned person is able to provide the necessary

    supporting documents listed in the relevant sections of the tender specifications and which are

    not available electronically upon request and without delay.

    The person is not required to submit the evidence if it has already been submitted for another

    procurement procedure. The documents must have been issued no more than one year before

    the date of their request by the contracting authority and must still be valid at that date.

    The signatory declares that the person has already provided the documentary evidence for a

    previous procedure and confirms that there has been no change in its situation:

    Document Full reference to previous procedure

    Insert as many lines as necessary.

    The above-mentioned person may be subject to rejection from this procedure and to

    administrative sanctions (exclusion or financial penalty) if any of the declarations or

    information provided as a condition for participating in this procedure prove to be false.

    Full name Date Signature

  • 8

    STATEMENT OF EXCLUSIVITY AND AVAILABILITY4

    I, the undersigned, hereby declare that I agree to participate exclusively with the tenderer <

    tenderer name > in the above-mentioned service tender procedure. I further declare that I am

    able and willing to work for the position for which my CV has been included in the event that

    this tender is successful.

    (the expert should select one of the two options underneath and delete the other one)

    [I confirm that I am not engaged in another EU-funded project or contract, in a position for which my services are required beyond the expected starting date of my

    services under this tender.]

    [I confirm that I am engaged in the following EU-funded project(s) or contract(s), in a position for which my services are required beyond the expected starting date of my

    services under this tender.

    Title + reference of the project(s) + DG concerned (if applicable): …..

    Nevertheless, I confirm that this other engagement will not impair my availability to carry

    out the tasks for which my CV has been included in this tender.

    Furthermore, I declare that there will not, by reason of my involvement in both this

    project under tender and the other aforementioned EU project(s), be any double-financing

    of time spent or work carried out under any of these projects.

    I also confirm that my involvement in other EU-funded projects as well as in the project

    currently tendered will present me with no conflict of interest and will not prevent, or tend

    to prevent, me from carrying out my tasks under any of the EU-funded contracts with due

    impartiality.]

    Name

    Signature

    Date

    4

    To be completed by all key experts

  • 9

    CHECKLIST of documents to be submitted

    ORIGINALS to be sent by courier or postal services

    Tender report generated by E-submission

    Declarations on honour (consortium leader and members)

    Declarations on honour (by sub-contractor – only when the capacity is necessary to fulfil the selection criteria )

    IN COPY: to be submitted through E-submission:

    Tender report

    Declarations on honour (by consortium leader and members)

    Declarations on honour (by sub-contractor – only when the capacity is necessary to fulfil the selection criteria )

    Tender submission form

    Power of attorney (consortium)

    Letter of intent (subcontractors)

    References for similar projects covering the tasks described in point 3 of the tender specifications (see also point 10.2 of the tender specifications) that were carried out under

    the direct responsibility of the tenderer in the last three years

    CVs of the team responsible to deliver the service. Each CV should indicate the intended function in the delivery of the service.

    Statements of exclusivity and availability signed by each of the team members

    Technical offer including Organization and Methodology

    2 complete sample datasets for each of the lots submitted

    Price offers

    The checklist of documents to be submitted

    Full name Date Signature

  • 1

    Annex 3 Quotation form for price

    Tenderers are required to quote a rate (PER YEAR) for all of the following

    tasks

    Lot 1: Contract for data supply and regular update of the general and specific import

    requirements within the "requirements section" of the Trade Helpdesk database of DG Trade

    Amounts in € Price per year

    [applicable for each of the years 2019/

    2020/ 2021]

    Lot 1

    Lot 2: Contract for data supply and regular update of the EU internal taxes, i.e. VAT and

    excise duties within the "internal taxes section" of the Trade Helpdesk database of DG Trade.

    Amounts in € Price per year

    [applicable for each of the years 2019/

    2020/ 2021]

    Lot 2


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