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TENDER SPECIFICATIONS

ATTACHED TO THE INVITATION TO TENDER

Invitation to tender No: FC.09.ADM.004.1.0 concerning the provision of interim services for the [pic]European Monitoring Centre for Drugs and Drug Addiction in Lisbon, Portugal.

1. Introduction

The European Monitoring Centre for Drugs and Drug Addiction (hereafter referred to as ‘the EMCDDA’) was established by the Community regulation (EEC) No. 302/93 on 30 October 1993 as last amended by Regulation (EC) 1920/2006 of the European Parliament and of the Council of 12 December 2006, on the European Monitoring Centre for Drugs and Drug Addiction (recast). It is one of the EU decentralised agencies.

The EMCDDA is the central reference point for drug information in the European Union. Based in Lisbon, its role is to provide the EU and its Member States with objective, reliable and comparable information on drugs and drug addiction. More information about the Agency and its structure and activities can be found on our web site

The current EMCDDA address is: Rua da Cruz de Santa Apolónia, 23-25, 1149-045 Lisbon, Portugal. The EMCDDA foresees to move to its new premises in the near future. The new EMCDDA premises are located in Lisbon in the proximity of Cais do Sodré train station.

2. Objectives

The present tender is for the provision of interim services for the EMCDDA.

The EMCDDA is a multi-cultural and multi-lingual European organisation. The EMCDDA currently has 100 staff members.

Staff employed by the EMCDDA is subject to the Staff Regulations and the Conditions of Employment of Other Servants of the European Communities (Council Regulation Nr. 259/68 of 29 February 1968, last amended by Council Regulation (CE, EURATOM EC) No 1558/2007 of 17 December 2007).

The EMCDDA may need interim personnel, as a complement to their above mentioned statutory staff, for the following reasons:

• to replace staff absent due to maternity leave, sickness or other reasons;

• to cope with peak periods which require an additional workforce for a fixed period of time;

• to carry out, on a temporary basis, additional tasks to the ordinary ones resulting from specific projects;

• to carry out, on a temporary basis, tasks which require specific competencies which are not available within the Agency.

The overall objective of the contract is to provide the EMCDDA with the necessary interim personnel in a timely fashion and in line with the job profiles requested.

The contractor shall comply with the relevant Portuguese laws on employment, taxes, health insurance, social and pension contributions. The contractor shall ensure the fulfilment of all legal and financial obligations towards the worker, which include the gross salary, all social and pension contributions foreseen by the Portuguese law for the employer.

3. Scope of the service to be provided

The variety of activities for which the EMCDDA might request interim personnel in the context of this contract may include, among others, the following: reception and switchboard, secretarial support, filing and archiving, general administrative support, data input, support to the organisation of meetings, conferences and events, financial and human resources support, clerical support and IT infrastructure assistance.

The language used within the EMCDDA is mainly English. The interim personnel will thus be requested to have a very good command of English. For specific activities, the knowledge of other EU languages might also be required.

The EMCDDA will give the contractor an advance notice of at least 10 calendar days for the commencement of an assignment. The EMCDDA will specify the job description for the assignment, the skills required and the expected timeframe (starting date and duration) of the assignment.

The contractor is expected to provide the EMCDDA with CVs of candidates whose profile matches the profile required, at least 5 working days before the starting date of the assignment. The EMCDDA reserves the right to invite for interview one or more of the candidates proposed by the contractor. The EMCDDA will confirm to the contractor their choice of the candidate for assignment at least two working days before the starting date of the assignment.

A point of contact for the provision of interim personnel will be appointed from both parties (the EMCDDA and the contractor).

4. Time table

The estimated date for the signature of the Framework Contract will be mid June 2009.

5. Duration

The contract will be initially awarded for a duration of two years, renewable once.

6. Estimated number of man days

The estimated number of requested man days for the contract is 2400 for the whole period.

7. Prices

• Prices must be quoted in Euros.

• Prices must be fixed amounts and non revisable for the duration of the contract. Prices will be subject to revision on renewal of the contract.

• Prices submitted must include all costs associated to the supply of the interim personnel, in particular the net salary to be paid to the concerned personnel as set out in Annex 5 herein, as well as all social and pension contributions foreseen by the Portuguese law for the employer.

• Under Article 3 and 4 of the Protocol on the privileges and immunities of the European Communities, the EMCDDA is exempted from all duties, taxes and other charges, including VAT. Consequently, these duties, taxes and other charges can therefore not enter into the calculation of prices. Tenderers are requested to indicate separately in their tender the applicable VAT.

• Important Note: Tenderers are requested to complete and sign the ‘Price Grid’ in Annex 1. Final daily prices to be invoiced to the EMCDDA shall be calculated for each category of interim personnel by taking into account the net salaries to be apid to interim personnel as mentioned in Annex 5. Prices must be all inclusive and given by daily rate for each Category. Prices submitted must include all costs associated to the supply of the interim personnel, in particular all social and pension contributions foreseen by the Portuguese law for the employer.

Failure to submit a duly completed and signed ‘Price Grid’ will entail the automatic rejection of the tender.

8. Terms of payment

Payments shall be issued in accordance to the provisions of the Draft Cascade Framework Contract available on the Procurement Section on the EMCDDA website at the following address:

9. Terms of contract

In drawing up their tender, the tenderer should bear in mind the terms of the Draft Cascade Framework Contract available on the Procurement Section on the EMCDDA website at the following address:

Explanation of a Cascade Framework Contract

A Cascade Framework contract is individually signed between the EMCDDA and (maximum 3 contractors) to ensure that at all times one of the three contractors is able to provide the requested service(s).

After evaluating tenders, the EMCDDA will ranks tenderers in descending order with a view to establishing the list of contractors (maximum 3 contractors) and the sequence in which they will be offered work when orders are placed. The Contractor that has submitted the best tender will be given priority over the Contractor that has submitted the second best tender and so on.

When the EMCDDA request service(s) under the Cascade Framework Contract, the EMCDDA will contact the Contractor at the top of the list. If such Contractor is unavailable or unable to provide the requested service(s) for reasons which do not involve terminating the contract, the EMCDDA will contact the second tenderer, then, if necessary, and under the same conditions, the third one.

The EMCDDA may, before the contract is signed, either abandon the procurement or cancel the award procedure without the tenderers being entitled to claim any compensation.

10. Exclusion criteria

To be eligible for participating in this contract award procedure, tenderers shall not be in any of the following exclusion grounds:

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 have been convicted of an offence concerning their professional conduct by a judgement 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;

d) they have not fulfilled 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 have been the subject of a judgement which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;

f) following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations.

The candidate is requested to submit with the tender the Model Sworn Declaration included in Annex 2 as evidence that the candidate is not in one of the above mentioned exclusion situations.

Failure to present this declaration will imply the rejection of the proposal.

Only the winner(s) will have to provide the following proofs for exclusion criteria (the documents provided for earlier invitations to tender during the last 12 months will be accepted if they are still valid):

1. The EMCDDA will regard the presentation of a recent extract from the judicial record or, in the absence thereof, of a recent, equivalent document issued by a legal or administrative authority in the country of origin or of provenance allowing it to be inferred that these requirements are satisfied as sufficient proof that the candidate or candidate does not fall into one of the cases referred to in subparagraphs a), b) or e) above.

2. The EMCDDA will regard the presentation of a certificate issued by the competent authority of the State in question as sufficient proof that the candidate or candidate does not fall into the situation referred to in subparagraph d) above. When such a document or certificate is not issued by the country in question, it may be replaced by a sworn statement or, in the absence thereof, by a solemn statement on the part of the interested party before a legal or administrative authority, a notary public or a qualified professional body in the country of origin or of provenance.

3. The EMCDDA will regard the presentation of a sworn statement as sufficient proof that the candidate or candidate does not fall into the situation referred to in subparagraphs c) and f) above.

4. Under the terms of the national legislation of the country where the tenderer or candidate is established, the documents listed in points 1 and 2 relate to bodies corporate and to individuals, including, if appropriate and provided the EMCDDA deems this to be necessary, the directors of the company or any person with powers of representation, decision or control regarding the candidate or candidate.

Contracts may not be awarded to candidates who, during the procurement procedure, are guilty of misrepresentation in supplying the information required by the EMCDDA as a condition of participation in the contract procedure or fail to supply this information.

11. Selection criteria

The following criteria will be used to select the tenderers.

11.1. Financial and Economic Capacity

To prove their financial and economic capacity, tenderers have to fill in the ‘Financial Capacity Form’ available on the Procurement Section on the EMCDDA website at the following address: , for the years 2007 and 2008 (one form for each year).

If, for any valid reason, the service provider is unable to provide the information requested by the contracting authority, he may prove his economic and financial capacity by any other document which the contracting authority considers appropriate.

11.2. Technical and Professional Capacity

To prove their Technical and Professional Capacity, tenderers shall provide in their tender evidence of expertise in the field of Interim Personnel services.

Tenderers are requested to:

• Provide references of International Organisation (or equivalent) established in Lisbon to which the tenderers have provided interim services in the last 3 years;

• Provide the number of individuals per category (mentioned in the Price Grid) presently available in the tenderer’s database;

• Provide between 2 and 4 CVs, for evaluation purposes, of individuals presently available per category (names and contact details to be erased).

12. Award Criteria

The contract will be awarded to the tenderers who submit the most economically advantageous tender, as assessed on the basis of the following qualitative award criteria:

|Qualitative award criteria |Weighting |

| |(in %) |

|Interview and/or any other methodology that the tenderer uses to evaluate the abilities and potentials of individuals|50 |

|for different categories of interim personnel | |

|Number of categories proposed and number of candidates that will be made available for interviews at EMCDDA, for each|30 |

|requested profile, to allow EMCDDA to have a sufficient range of options | |

|Flexibility of the administrative formalities relative to entry into service, replacement and exit interim personnel,|20 |

|bearing in mind that interim personnel are to be made available timely | |

and

|Price |

• Concerning the qualitative award criteria, the tenders will be assessed by attributing ranking marks for each qualitative criterion from a minimum of 0 to a maximum of 10 points and taking into account the weighting factors indicated above.

• A price index will be calculated according to the following formula:

|Price of the tender * 100 |

|Cheapest tender |

The price of the tender will be an average price, calculated by summing all the prices stated in the price grid for mandatory categories and dividing the resulting amount by the number of mandatory categories.

• The global score will be calculated as follows:

|Number of points for the qualitative criteria * 100 |

|Price Index |

• The contract will be awarded to the tender having received the highest global score.

Contracts will not be awarded to tenderers who, during the procurement procedure:

(a) are subject to a conflict of interest;

(b) are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the contract procedure or fail to supply this information.

13. Requirements as to the tender

Tenders can be submitted in any of the official languages of the EU. The main working language of Agency is English. Tenders shall include an English version of the documents/information requested under point 11 and point 12 of the present tender specifications.

The tender shall be presented as follows and shall include:

Part A: the Model Sworn Declaration set out under point 10 of these specifications;

Part B: all the information and documents required by the contracting authority for the appraisal of tenders on the basis of the Selection criteria set out under point 11 of these specifications;

Part C: all the information and documents required by the contracting authority for the appraisal of tenders on the basis of the Award Criteria set out under point 12 of these specifications;

Part D: ‘Price Grid’ (annexed to the present Tender Specifications) containing a daily rate for each Categories of Interim Personnel;

Part E: the following information:

• The Financial Form (Annex 3) and Legal Entity Form (Annex 4)

• A presentation letter with the name of the legal representative for the contract signature and the name of the person responsible for the project who will be in direct contact with the EMCDDA agent in charge of the topic.

The contractors will undertake to treat in the strictest confidence and not make use of or divulgue to third parties any information or documents which are linked to the performance of the contract. The contractor shall continue to be bound by this undertaking after the completion of the tasks.

14. Validity of the offer

The candidate will be bound by his offer during 9 months following the deadline for submission of tenders.

15. Information to candidate

The candidate submitting a tender will be informed whether their tender has been accepted or not.

16. Contacts

Any contact between the candidate and the EMCDDA staff is forbidden during the tendering process. However, candidates may request further information by letter at the address indicated in the letter of invitation, or by fax at the following number: +351 21 813 17 13, or by email to the following address: info.procurement@emcdda.europa.eu

Please indicate the reference of the invitation to tender. Further relevant information provided by the EMCDDA will be communicated to all the candidates.

17. Data protection

The follow up of the response to the invitation to tender will require the recording and further processing of personal data. Any personal data shall be processed pursuant to 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. It shall be processed solely for the purposes of the performance, management and follow-up of the Contract by the Agency without prejudice to possible transmission to the bodies charged with a monitoring or inspection task in conformity with Community law. The Contractor shall have the right of access to his personal data and the right to rectify any such data that is inaccurate or incomplete. Should the Contractor have any queries concerning the processing of his personal data, he shall address them to the Agency Head of Administration. The Contractor may also contact the Agency Data Protection Officer (DPO@emcdda.europa.eu) in case of difficulties, or for any questions relating to the processing of his personal data. The Contractor shall have right of recourse at any time to the European Data Protection Supervisor.

18. Annexes

• Annex 1: ‘Price Grid’

• Annex 2: Model Sworn Declaration

• Annex 3: Financial Form

• Annex 4: Legal Entity Form

• Annex 5: Net salaries to be paid to interim personnel per category

ANNEX 1

Price Grid per Category of Interim Personnel

To be completed and returned with the Tender

| | |

| | | |

| | | | |

|Name of the tenderer: | | | |

| | | | |

|  |Price per day in € |Price per day in € |Price per day in € |

| Category |0 - 3 years of |3 - 6 years of |6+ years of |

| |relevant experience |relevant experience |relevant experience |

|Secretary+ |€ |€ |€ |

|General Administrative |€ |€ |€ |

|Assistant+ | | | |

|Office Management/ |€ |€ |€ |

|IT Infrastructure Assistant+ | | | |

|Financial/ |€ |€ |€ |

|HR Support+ | | | |

|Front Desk Receptionist |€ |€ |€ |

|Mail Handler |€ |€ |€ |

|Meeting/Conference |€ |€ |€ |

|Host | | | |

|Driver |not applicable |not applicable |€ |

| | | | |

| | | | |

Important note:

1- Tenderers are requested to complete and sign this ‘Price Grid’. Final daily prices to be invoiced to the EMCDDA shall be calculated for each category of interim personnel by taking into account the net salaries to be paid to interim personnel as mentioned in Annex 5. Prices must be all inclusive and given by daily rate for each Category. Prices submitted must include all costs associated to the supply of the interim personnel, in particular all social and pension contributions foreseen by the Portuguese law for the employer.

2- Under Article 3 and 4 of the Protocol on the privileges and immunities of the European Communities, the EMCDDA is exempted from all duties, taxes and other charges, including VAT. Consequently, these duties, taxes and other charges can therefore not enter into the calculation of prices. Tenderers are requested to indicate separately in their tender the applicable VAT.

3- Categories indicated with the following symbol (+) are compulsory. Failure to propose a daily rate for a compulsory category will entail the automatic rejection of the tender.

|Signed: | | | |

ANNEX 2: MODEL SWORN DECLARATION

The undersigned:

Name of individual / company / organization:

Legal address:

Registration no.:

VAT no:

Declares that the individual / company / organization mentioned above:

➢ is not bankrupt or being wound up, having affairs administered by courts, have entered into arrangement with creditors, have suspended business activities, is the subject of procedure concerning those matters, or in any similar situation arising from a similar procedure provided for in the national legislation or regulations;

➢ has not been guilty of an offence concerning their professional conduct by a judgement which has the force of res judicata;

➢ has not been guilty of grave professional misconduct proven by any means which the EMCDDA can justify

➢ fulfilled obligations related to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which is established or those of the country of the contract;

➢ is not subject of a judgement which has the force of res judicata for fraud, corruption, involvement in a criminal organization or any other illegal activity detrimental to the EU’s financial interests;

➢ by following another procurement procedure or grant award procedure financed by the Community budget, has not been declared to be in serious breach of contract for failure to comply with the contractual obligations.

I, the undersigned, understand that contracts may not be awarded if, during the procurement procedure the individual / company / organization mentioned above is subject to conflict of interest.

Full name:

(Signature and stamp)

In………, on …../…../…...

ANNEX 3: FINANCIAL FORM

Go to:

If you have recently sent us a Financial identification form duly filled in, you do not have to send it again – just include in your tender a copy of the previous financial identification form sent (duly filled in, signed, dated stamped).

Please be aware that the account holder must be the same of the Legal entity you will send us (enclosed as Annex 4).

ANNEX 4: LEGAL ENTITY FORM

Go to:

If you recently sent us (or the European Commission) a Legal entity form (LEF) duly filled in, you do not have to send it again – just state in your tender that in what concerns the LEF, there are no modifications to the previous form sent.

Please be aware that the Legal entity must be the same as the account holder of the bank account stated in the Financial identification form (enclosed as Annex 3).

ANNEX 5: NET SALARIES TO BE PAID TO INTERIM PERSONNEL PER CATEGORY

| | | | |

|  |Price per hour in € |Price per hour in € |Price per hour in € |

|  |0 - 3 years of |3 - 6 years of |6+ years of |

| |relevant experience |relevant experience |relevant experience |

|Secretary |€800 |€900 |€1000 |

|  | | | |

|Front Desk Receptionist |€700 |€800 |€900 |

|  | | | |

|General Administrative |€1000 |€1100 |€1200 |

|Assistant | | | |

|Office Management/ |€900 |€1000 |€1100 |

|IT Infrastructure Support | | | |

|Financial/ |€1000 |€1100 |€1200 |

|HR Support | | | |

| |€700 |€800 |€900 |

| Mail Handler | | | |

|Meeting/Conference |€1000 |€1100 |€1200 |

|Host | | | |

| | | |not applicable |

|Driver |not applicable |not applicable | |

| | | | |

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