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Section I: Contracting authority
I.1) Name, addresses and contact point(s)For the attention of: Head of Administration
Contact: Administration of the Delegation of the European Union in the Republic of Madagascar
European External Action Service (EEAS), Delegation of the European Union in the Republic of Madagascar
Tour Zital, 9th floor, Ankorondrano, PO Box 746
Fax: +261 202264562Internet address(es):
General address of the contracting authority: http://eeas.europa.eu/delegations
Address of the buyer profile: http://eeas.europa.eu/delegations/madagascar/grants_tenders/tenders/index_fr.htmFurther information can be obtained from:
The above mentioned contact point(s)Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from:
The above mentioned contact point(s)Tenders or requests to participate must be sent to:
The above mentioned contact point(s)
I.2) Type of the contracting authority
European institution/agency or international organisation
I.3) Main activity
I.4) Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: no
Section II: Object of the contract
II.1.1) Title attributed to the contract by the contracting authority:
Provision of 14 generator sets — reference EEAS-371-DELMDGA-SUP-DIR.
II.1.2) Type of contract and location of works, place of delivery or of performance
Main site or location of works, place of delivery or of performance: Antananarivo, Madagascar.
II.1.3) Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves a public contract
II.1.4) Information on framework agreement
II.1.5) Short description of the contract or purchase(s)
The aim of this invitation to tender is to enter into a supplies contract for 14 generator sets.
II.1.6) Common procurement vocabulary (CPV)
II.1.7) Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): no
This contract is divided into lots: no
II.1.9) Information about variants
Variants will be accepted: no
II.2) Quantity or scope of the contract
II.2.1) Total quantity or scope:
The generator sets will be installed in 14 different dwellings located in the city of Antananarivo (Ivandry, Mahatony, Androhibe, Ambatobe, Nanisana).
Estimated value excluding VAT: 154 000 EUR
II.2.2) Information about options
II.2.3) Information about renewals
This contract is subject to renewal: no
II.3) Duration of the contract or time limit for completion
Duration in months: 36 (from the award of the contract)
Section III: Legal, economic, financial and technical information
III.1) Conditions relating to the contract
III.1.1) Deposits and guarantees required:
III.1.2) Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
90 % within 30 days of provisional acceptance of the equipment — 10 % upon final acceptance of the equipment (installed and fully operational).
III.1.3) Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Applications may also be submitted by groupings of service providers who shall not be required to take on a specific legal form prior to the award of this contract, but who might be required to do so afterwards. However, in the case of a grouping, 1 member must be appointed as leader who will be responsible for the administrative management of the contract (point of contact, receipt and processing of payments, etc.) on behalf of all members of the grouping. The leader will need to have received a proxy agreement from the other grouping members in this regard. Each member of the grouping is jointly and severally liable vis-à-vis the contracting authority. The required documents listed in point III.2 below must be provided by each member of the grouping.
III.1.4) Other particular conditions
The performance of the contract is subject to particular conditions: no
III.2) Conditions for participation
III.2.1) Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if the requirements are met: Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25.10.2012 (Financial Regulation) and Commission Delegated Regulation (EU) No 1268/2012 of 29.10.2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 (rules of application).
1.A) Access to public procurement:
participation in this invitation to tender is open to all natural persons and legal entities either domiciled, or with their head office, in a Member State of the European Union in accordance with Article 119 of the Financial Regulation and, exceptionally, in Madagascar and Mauritius.
1.B) Proof of access to contracts:
candidates must confirm that they have their head office or are domiciled in 1 of the aforementioned countries and enclose the documents evidencing this under their national law.
2.A) Exclusion criteria:
according to Article 106 of the Financial Regulation:
1. candidates or tenderers shall be excluded from participation in procurement procedures if:
(a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;
(b) they or persons having powers of representation, decision making or control over them have been convicted of an offence concerning their professional conduct by a judgment of a competent authority of a Member State which has the force of 'res judicata';
(c) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify including by decisions of the EIB and international organisations;
(d) they are not in compliance with their obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed;
(e) they or persons having powers of representation, decision making or control over them have been the subject of a judgment which has the force of 'res judicata' for fraud, corruption, involvement in a criminal organisation, money laundering or any other illegal activity, where such illegal activity is detrimental to the Union's financial interests;
(f) they are subject to an administrative penalty referred to in Article 109(1).
Points (b) and (e) of the first subparagraph shall not apply where the candidates or tenderers can demonstrate that adequate measures have been adopted against the persons having powers of representation, decision making or control over them, who are subject to a judgment as referred to in points (b) or (e) of paragraph 1.
2. Candidates or tenderers must certify that they are not in 1 of the situations listed in paragraph 1.
For the purpose of the correct application of paragraph 1, the candidate or tenderer, whenever requested by the contracting authority, shall:
(a) where the candidate or tenderer is a legal person, provide information on the ownership or on the management, control and power of representation of the legal person and certify that they are not in 1 of the situations referred to in paragraph 1;
(b) where subcontracting is envisaged, certify that the subcontractor is not in 1 of the situations referred to in paragraph 1.
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 210 concerning detailed rules on:
(a) the exclusion criteria applicable for participation in calls for tenders, including rules on illegal activities giving rise to exclusion;
(b) the means of proof sufficient to demonstrate the absence of causes for exclusion;
(c) the duration of an exclusion. Such exclusion may not exceed 10 years.
In accordance with Article 107 of the Financial Regulation, a contract shall not be awarded to candidates or tenderers who, during the procurement procedure for that contract:
(a) are subject to a conflict of interests;
(b) are guilty of misrepresenting the information required by the contracting authority as a condition of participation in the procurement procedure or fail to supply that information;
(c) find themselves in 1 of the situations of exclusion, referred to in Article 106(1), for the procurement procedure.
2.B) Means of proof relating to the absence of grounds for exclusion:
according to Article 143 of the rules of application:
1. candidates and tenderers must provide a solemn declaration, available at http://eeas.europa.eu/jobs/docs/declaration-honour_fr.pdf, duly completed, signed and dated, stating that they are not in any of the situations referred to in Articles 106 and 107 of the Financial Regulation;
2. the tenderer to be awarded the contract must provide the means of proof referred to in paragraph 3 hereafter, confirming the declaration referred to in paragraph 1, within the time limit set by the contracting authority, and prior to contract signature;
3. the contracting authority shall accept, as satisfactory proof that the candidate or tenderer awarded the contract is not in any of the situations described in points (a), (b) or (e) of Article 106(1) of the Financial Regulation, a recent extract from the judicial record or, failing that, a recent equivalent document issued by a judicial or administrative body in the country of origin or provenance showing that those requirements have been met. The contracting authority shall accept, as satisfactory proof that the candidate or tenderer is not in the situation described in point (a) or (d) of Article 106(1) of the Financial Regulation, a recent certificate issued by the competent authority of the States concerned, as defined in point 2A) 1.(d) above. Where the document or certificate referred to in paragraph 1 is not issued in the country concerned, and for the other exclusion cases referred to in Article 106 of the Financial Regulation, it may be replaced by a statement under oath or, failing that, a solemn declaration made by the interested party before a judicial or administrative body, a notary or a qualified professional body in the country of origin or provenance;
4. depending on the national legislation of the country in which the tenderer or candidate resides, the documents referred to in paragraphs 1 and 3 shall relate to legal entities and natural persons including, where considered necessary by the contracting authority, company directors or any person with powers of representation, decision making or control in relation to the candidate or tenderer;
5. if it has doubts as to whether the candidates or tenderers are in any of the exclusion cases, the contracting authority may contact the appropriate bodies referred to in paragraph 3 in order to obtain the information it deems necessary about said case;
6. the contracting authority may exempt a candidate or tenderer from having to provide the documentary proof referred to in paragraph 3 if it has already been submitted as part of another contract award procedure, and provided that the documents in question are less than 1 year old and still valid. In such a case, the candidate or tenderer shall declare on his honour that the documentary proof has already been provided for a previous procurement procedure and confirm that no changes in his situation have occurred;
7. the candidate or tenderer must furnish a solemn declaration, which can be consulted at the following address: http://eeas.europa.eu/jobs/docs/declaration-honour_fr.pdf, duly completed, signed and dated by the intended subcontractor, stating that he is not in 1 of the situations referred to in Articles 106 and 107 of the Financial Regulation. If there are any doubts concerning this solemn declaration, the contracting authority may request the proof referred to in paragraphs 3 and 4. Paragraph 5 will apply where appropriate.
III.2.2) Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: proof of financial and economic capacity must be provided by the following documents:
(a) appropriate bank references or proof of professional risk insurance cover;
(b) financial statements for the past 3 financial years for which accounts have been closed;
(c) statement as to overall turnover and turnover for the services referred to in this contract, performed over the past 3 financial years available. As a minimum, the amounts in the statement as to overall annual turnover must tally with those in the financial statements.
Minimum level(s) of standards possibly required: the average annual turnover for the past 3 financial years for which accounts have been closed, concerning services related to this contract, must be at least 400 000 EUR. This amount constitutes the minimum amount below which no request to participate can be accepted. The exchange rate to be used to convert turnover into euro is the exchange rate applicable for the month of December of the financial year, as published on the Internet at http://ec.europa.eu/budget/contracts_grants/info_contracts/inforeuro/inforeuro_fr.cfm
III.2.3) Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
proof of economic operators' technical and professional capacity must be provided by the following documents:
(a) information on the academic and professional qualifications held by the service provider or the contractor and/or the company's managerial staff and, in particular, by the person(s) responsible for providing the service;
(b) list of similar experience (number and duration) in fields related to this contract over the past 3 years, with details of their values, dates and the public or private recipients involved, especially services provided to international or multinational companies, diplomatic missions or international organisation representations; this experience must be proven by certificates of satisfactory performance specifying whether they were duly completed to a good professional standard;
(c) the firm's average annual manpower over the past 3 years (total, and in the field concerned by the contract) and number of managerial staff;
(d) information on the quality standards used by the firm and details on the type of certification received (ISO or equivalent certification by a professional association or any other recognised certification body);
(e) information on the means and resources available to the company to ensure service quality (e.g. number of people working in the field of this contract, number of sets installed, etc.);
(f) where applicable, details of the percentage of the total value of this contract represented by subcontracting;
(g) document provided by the manufacturer of the registered trademark authorising it to be used in the tender.
Minimum level(s) of standards possibly required:
the contractor's average number of staff in fields related to this contract during the past 3 years must be at least 20 people. The percentage of the staff involved in fields related to this contract in terms of the company's total staff must be at least 50 %. The company must provide evidence of at least 2 similar experiences with multinational companies, international organisations or diplomatic missions during the past 3 years.
III.2.4) Information about reserved contracts
III.3) Conditions specific to services contracts
III.3.1) Information about a particular profession
III.3.2) Staff responsible for the execution of the service
Section IV: Procedure
IV.1) Type of procedure
IV.1.1) Type of procedure
IV.1.2) Limitations on the number of operators who will be invited to tender or to participate
IV.1.3) Reduction of the number of operators during the negotiation or dialogue
IV.2) Award criteria
IV.2.1) Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2) Information about electronic auction
An electronic auction will be used: no
IV.3) Administrative information
IV.3.1) File reference number attributed by the contracting authority:
IV.3.2) Previous publication(s) concerning the same contract
IV.3.3) Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4) Time limit for receipt of tenders or requests to participate
IV.3.5) Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6) Language(s) in which tenders or requests to participate may be drawn up
Any EU official language
Other: any other document sent with the request to participate not submitted in an official language of the European Union will not be considered for assessment, unless it has a translation into an official language of the European Union.
IV.3.7) Minimum time frame during which the tenderer must maintain the tender
IV.3.8) Conditions for opening of tenders
Section VI: Complementary information
VI.1) Information about recurrence
This is a recurrent procurement: no
VI.2) Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3) Additional information
The procedure will take place in 2 stages as follows:
A) first stage (selection):
to participate, candidates must submit a letter with the name of the candidate, including all entities if in a grouping and the name of a sole contact person vis-à-vis this request.
An e-mail address and/or fax number for the candidate must be provided. It is the candidate's responsibility to consult e-mails received on a regular basis. In the case of a grouping, said letter will need to be signed by a duly authorised representative from each operator and give the name of the leader together with his e-mail address and/or fax number. Requests must be perfectly legible so as to avoid any discrepancy as regards the text and the figures.
Candidates must enclose with said letter all the information required in point III of this contract notice: legal, economic, financial and technical information. Where requests to participate are submitted by a grouping of economic operators (point III.1.3 of the contract notice), the documents referred to in points III.2.1, III.2.2 and III.2.3 of this contract notice will be submitted by each group member.
If a candidate relies on another entity for a large part of his financial capacity, as outlined in point III.2.2(e), the contracting authority may require said entity to sign the contract or provide a joint guarantee if the candidate becomes the successful tenderer.
Requests to participate must be sent before the deadline given below. Otherwise, the requests to participate will be automatically rejected.
Candidates may send their requests:
(a) either by post or by private courier, dispatched no later than 15.1.2015, as evidenced by the postmark or the date on the delivery receipt, to the address given in point I.1;
(b) or deliver them by hand to the address given in point I.1 by 15.1.2015 (17:00), at the latest, in return for a receipt signed and dated by the duly authorised member of the Delegation's staff.
The application shall comprise 1 original and 2 copies. Submissions must be made using a double envelope. Both envelopes are to be sealed. If self-seal envelopes are used, they must also be sealed with adhesive tape, with the sender's signature written across the tape. The outer envelope must bear both the name of the department which it is addressed to, as above, and the following: 'Appel d'offres restreint no
EEAS-371-DELMDGA-SUP-DIR — À ne pas ouvrir par le service courrier'. The inner envelope must also bear this wording.
B) Second stage:
candidates shortlisted at the end of the selection stage will be invited to submit a tender. The invitation to tender documents (including the letter of invitation to tender, the specifications and the model of the contract to be used) will be sent to them directly, with no further publication in the Official Journal of the EU.
NB: submitting an application or tender does not imply any commitment on the part of the contracting authority towards the candidate or tenderer either to award him the contract or compensate him for the costs incurred in preparing his application or tender. Likewise, the contracting authority is under no obligation to award the contract subsequent to this notice.
II. Data protection:
if the monitoring of your response to the contract notice involves the registration and processing of personal data (e.g. name, address, CV), this data will be processed in accordance with Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. Unless otherwise specified, the answers to questions and the personal data requested are necessary for the evaluation of your application, in accordance with the contract notice, and will be processed for this purpose only by the contracting authority designated in point I.1. Detailed information on the processing of your personal data can be found in the privacy statement which can be consulted at the following address: http://eeas.europa.eu/jobs/docs/privacy-statement-jobs-tenders.pdf
Your personal data may be registered by the EEAS accounts officer either in the Early Warning System (EWS) only, or in both the EWS and the central exclusion database, if you are in any of the situations referred to in:
III. Should it be necessary, the contracting authority may make use of a negotiated procedure on the basis of Article 134(1)(f) of the rules of application of the Financial Regulation.
VI.4) Procedures for appeal
VI.4.1) Body responsible for appeal procedures
VI.4.2) Lodging of appeals
Precise information on deadline(s) for lodging appeals: within 2 months of the plaintiff being notified or, failing this, of the date on which it became known to them. A complaint made to the European Ombudsman neither suspends this period nor opens a new period for lodging appeals.
VI.4.3) Service from which information about the lodging of appeals may be obtained
VI.5) Date of dispatch of this notice: