invitation to tender - european...

EUROPEAN COMMISSIONOffice for Infrastructure and Logistics - Luxembourg

_______

Unit OIL 06 Finance, Procurement, Reporting

Luxembourg, 04 JUL 2012OIL.06.002 GRJcb ARES (2012)

Invitation to tender

Subject: Call for tenders No 04/2012/OIL- lot 1 “Express courier delivery”- lot 2 “Shuttle service for interinstitutional mail transport”

Dear Sir/Madam,

I hereby inform you that the tender documents concerning the above-mentioned contractsare available on our Website at the following address:hgJppçn.htm

2. If you are interested in this contract, you are requested to submit a tender in triplicate (theoriginal clearly marked as such plus Iwo copies) in one of the official languages of theEuropean Union.

3. Tenders may be sent:

— either by post or by courier not later than 10.08.2012, as evidenced by the postmark orthe date of the deposit slip, to the following address:

EUROPEAN COMMISSIONUnit OIL.06 — Finance — Procurement — ReportingContracts and Invitations to TenderOffice JMO-Al/029L-2920 LUXEMBOURG

— or delivered by hand, no later than 16.00 on 10.08.2012, to the following address:

EUROPEAN COMMISSIONUnit OIL.06 — Finance — Procurement — ReportingContracts and Invitations to TenderOffice JMO-A1/029Jean Monnet Building — Main entrancerue Albert WehrerL-2920 LUXEMBOURG

In this case, a receipt must be obtained as proof of submission, signed and dated by theofficial in the above-mentioned department who took delivery. The department is openfrom 09.00-16.00, Monday to Friday. It is closed on Saturdays, Sundays and Commissionholidays.

European Cornrr sion I. 2920 Luxembourg Ic ephone (352) 4301 1Office 1033 telephone direct line (352) 430t•32458 Fax (352) 4301 32109eIsffreerou

Ref. Ares(2012)809487 - 04/07/2012

4. Tenders must be placed inside two sealed envelopes. The inner envelope, addressed to thedepartment indicated in the call for tenders, should be marked ‘Appel d’offres n°2012/1/OIL - a ne pas ouvrir par le service du courrier (Call for tenders No04/2012/OIL/lot 1 and/or lot 2 - Not to be opened by the internal mail department). Ifself-adhesive envelopes are used, they must be sealed with adhesive tape and the sendermust sign across this tape.

5. The tender dossier comprises the following:• this letter of invitation to tender;• the specifications, which specify information relating to the award of the contract, all

the documents to be completed and any further information to be added for submissionof the tender;

• the Draft Contract and its annexes covering all particulars relating to performance ofthe contract.

Each of the above documents is an integral part of the Invitation to Tender.

6. Tenders must be:• signed by the tenderer or his/her duly authorised representative;• perfectly legible so that there can be no doubt as to words and figures.

7. The period of validity of tenders, during which the tenderer is obliged to maintain all theconditions of the tender submitted, is: six months from the final date for submission.

8. Submission of a tender implies acceptance of all the terms and conditions set out in thisInvitation to Tender and, where appropriate, waiver of the tenderer’s own general orspecific terms and conditions. Submission of a tender is binding on the tenderer to whomthe contract is awarded for the duration of the contract.

9. Contacts between the contracting authority and tenderers are prohibited throughout theprocedure save in exceptional circumstances. They will be permitted under the followingconditions only:

a) Before the final date for submission of tenders:

i) At the request of the tenderer, the contracting authority may provide additionalinformation solely for the purpose of clarifying the nature of the contract.Any requests for additional information must be made, in writing only, to Qjf

or by fax to +352 4301 32109 orNo reply shall be given to any request for additional information received lessthan five working days before the final date for submission of tenders.

ii) On its own initiative, the Commission may inform interested parties of any error,inaccuracy, omission or other material shortcoming in the drawing up of thetender documents.

iii) Where appropriate, any additional information and the information referred toabove will be published on the following website:http://ec.europa.ea/oii/appelsen .htm.

b) After the opening of tenders

i) If clarification is required or if obvious clerical errors in the tender need to becorrected, the contracting authority may contact the tenderer provided that theterms of the tender are not modified as a result.

10. Site visit: None

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II. This Invitation to Tender is in no way binding on the Commission. The Commission’scontractual obligation commences only upon signature of the contract with the successfultenderer.

12. The contracting authority may, before the contract is signed, either abandon theprocurement procedure or cancel the award procedure without the tenderers being entitledto claim any compensation. Where appropriate, the grounds for such a decision will bebrought to the attention of tenderers.

13. Once the Commission has opened the tender, the document will become the property ofthe Commission and will be treated confidentially.

14. Tenderers will be informed of whether their tenders have been accepted or rejected.

15. If the tender includes subcontracting, it is recommended that contractual arrangementswith subcontractors include mediation as a method of dispute resolution.

16. If processing your reply to the Invitation to Tender will involve the recording andprocessing of personal data (such as your name, address and CV), such data will beprocessed pursuant to Regulation (EC) No 45/200 1 on the protection of individuals withregard to the processing of personal data by the Community institutions and bodies and onthe free movement of such data. Unless indicated otherwise, your replies to the questionsand any personal data requested are required to evaluate your tender in accordance withthe specifications of the invitation to tender and will be processed solely for that purposeby OIL.06. Details concerning the processing of your personal data are available in theprivacy statement at:

http.’//eceuropa .eu/dataprotectionoilicer/privacystatement puhlicprocurement en.pdf

17. Your personal data may be registered by the Commission Accounting Officer either in theEarly Warning System (EWS) only, or in both the EWS and the Central ExclusionDatabase, should you find yourself in one of the situations mentioned in:

- Commission Decision 2008/969 of 16 December 2008 on the Early Warning System (formore information see the Privacy Statement at:

http:/!cc.europa.euibudget/contracts rants/intb contracts/legal_entities/lega] entities en.cfrn),

or

- Commission Regulation No 1302/2008 of 17 December 2008 on the Central ExclusionDatabase (for more information see the Privacy Statement athtip :/!ec. europa.eu!hudget/explained/manaement/protecting/protect en.cfin#BI)CE).

Yours faithfully,

BenoIt MorissetHead of Unit

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Call for tenders 04/2012/OIL/lot 1

Express courier delivery

Specifications

EUROPEAN COMMISSION Office for Infrastructure and Logistics - Luxembourg Unit OIL.06 – Finance, Procurement, Reporting

Specifications Call for tenders No 04/2012/OIL/lot 1

"Express courier delivery"

Open procedure

Table of Contents I - General information on the call for tenders............................................................................................. 2 I.1 - Introduction................................................................................................................................................ 2 I.2 - Publicity measures ..................................................................................................................................... 2 I.3 - Subject of the Contract and background.................................................................................................... 2 I.4 - Financial guarantees and insurance policy ................................................................................................ 3 I.5 - Site visit ..................................................................................................................................................... 3 I.6 - Opening of tenders..................................................................................................................................... 3 I.7 - Applicable law – Jurisdiction..................................................................................................................... 3 I.8 - Legal form of the tenderer ......................................................................................................................... 4 I.9 - Documents to be completed or submitted with the tender......................................................................... 5 I.10 - Award procedure...................................................................................................................................... 5 II - Documents to be completed or submitted by the tenderer.................................................................... 6 II.1 - Documents identifying the tenderer ......................................................................................................... 6 II.2 - Legal entity form and financial information............................................................................................. 6 II.3 - Documents regarding the exclusion criteria and the absence of conflict of interest ................................ 7 II.4 - Documents relating to signature of the tender.......................................................................................... 7 II.5 - Documents relating to the selection criteria ............................................................................................. 7

II.5.a Professional capacities .............................................................................................................................. 8 II.5.b Economic and financial capacity............................................................................................................... 8 II.5.c. Technical capacity..................................................................................................................................... 9

II.6 - Documents relating to calculation of the tender amount for award of the contract................................ 11 II.7 - Price schedule to be attached to the price form (see Annexes II.A.1 and II.A.2 of the draft contract ... 11 II.8 - Final assessment ..................................................................................................................................... 12 III - Printable forms ...................................................................................................................................... 13

FORM No 1: IDENTIFICATION OF THE TENDERER.......................................................................................... 13 FORM No 2 LEGAL ENTITY................................................................................................................................... 16 FORM No 3 FINANCIAL INFORMATION SHEET................................................................................................ 17 FORM No 4 IN RELATION TO THE EXCLUSION CRITERIA............................................................................. 18 FORM No 5 OF THE TENDER SIGNATURE ......................................................................................................... 20

5.1. Model signature form for the sole undertaking or lead contractor ()............................................................. 20 5.2. Specimen signature for co-contractors ............................................................................................................ 21 5.3. Specimen signature form for subcontractors .................................................................................................. 22

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I - GENERAL INFORMATION ON THE CALL FOR TENDERS

I.1 - INTRODUCTION The Office for Infrastructure and Logistics Luxembourg (OIL) is responsible for ensuring, for all the Commission departments in Luxembourg:

the housing of staff providing and managing the social welfare infrastructure logistics compliance with the health and safety rules in the buildings.

For further information, see: http://ec.europa.eu/oil/index_en.htm

OIL also provides its services to other European institutions and bodies mainly located in Luxembourg, and occasionally to institutions located in Brussels:

The European Parliament (EP) website: http://www.europarl.europa.eu/

The Court of Justice (CJEU) website: http://www.curia.europa.eu

The European Court of Auditors (ECA) website: http://eca.europa.eu

The Publications Office of the European Union (OP) website http://publications.europa.eu/

The Translation Centre for the Bodies of the European Union (TCBEU) website: http://cdt.europa.eu/

The European Ombudsman (EO), website: www.ombudsman.europa.eu

The European Schools Luxembourg I and II (ES I and ES II) website: http://www.euroschool.lu and www.eursc-mamer.lu

This Contract relates to several departments and European institutions. It shall be signed by OIL on behalf of the Commission, the EP, the CJEU, the ECA, CDT, EO, ESI and ESII; these eight bodies shall hereinafter be referred to as 'the Institutions'.

I.2 - PUBLICITY MEASURES Contract notice published in the Supplement to the Official Journal of the European Union on 04/07/2012 under reference 2012/S 126-087282. I.3 - SUBJECT OF THE CONTRACT AND BACKGROUND Provision of express courier services with compulsory delivery confirmation. This tendering procedure contains two sublots:

Sublot 1: Express courier transport from and to buildings in Luxembourg of the Commission, Court of Justice of the European Communities, European Court of Auditors, Office for Official Publications of the European Union, Translation Centre for the Bodies of the European Union and European Schools I and II.

Estimated number of annual consignments: ± 2600.

Sublot 2: Express courier transport from and to buildings of the European Parliament in Brussels, Luxembourg and Strasbourg and from and to buildings of the European Ombudsman in Strasbourg and Brussels.

Estimated number of annual consignments: ± 1100.

The above quantities are purely indicative and represent no commitment on the part of the Institutions.

Tenderers may submit a tender for either lot or both lots. The sublots may be awarded to different tenderers. However, the contracting authority reserves the right not to award all the sublots.

The detailed description of the services is contained in the "Technical Specifications" (see Annex II.B of the draft contract).

Duration of the Contract: 4 years maximum – an initial period of one year, renewable by tacit agreement three times, each time for a period of one year.

http://ec.europa.eu/oil/index_en.htm

http://www.europarl.europa.eu/

http://www.curia.europa.eu/

http://eca.europa.eu/

http://publications.europa.eu/

http://cdt.europa.eu/

http://www.ombudsman.europa.eu/

http://www.euroschool.lu/

http://www.eursc-mamer.lu/

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The tendering procedure will result in the conclusion of a framework service contract for each sublot. The contract is to be signed during the fourth quarter of 2012. Performance of the work shall start on:

for sublot 1: 08.12.2012 for an initial duration up to 31.12.2013

Following this date it shall be tacitly renewed three times, each time for a period of one year, i.e. up to 31.12.2016 at the latest, unless terminated by either party by registered letter six months before the end of the current contract period.

for sublot 2: 01.01.2013 for an initial duration of one year, up to 31.12.2013.

Following this date it shall be tacitly renewed three times, each time for a period of one year, i.e. up to 31.12.2016 at the latest, unless terminated by either party by registered letter six months before the end of the current contract period.

Submission of a tender implies that the tenderer waives his own terms of sale. The Commission may, during the three years following the conclusion of the initial contract, have recourse to a negotiated procedure, without prior publication of a contract notice, for new services for services similar to those assigned to the party awarded this Contract.

I.4 - FINANCIAL GUARANTEES AND INSURANCE POLICY

Financial guarantee Not applicable

Insurance policy The Contractor shall be liable vis-à-vis the Institutions and any third parties for any loss, injury or accident to staff or to other parties resulting directly or indirectly from any defective performance of the work covered by this Contract. This civil and professional liability shall be covered by an insurance policy appropriate to the activity, taken out by the Contractor (see Annex I-A, Article II.2. Liability, § 5 of the draft framework contract). I.5 - SITE VISIT None. I.6 - OPENING OF TENDERS Applications to attend the opening of tenders, which will take place on 17.08.2012 at 10.00 in the Jean Monnet Building, rue Albert Wehrer, Luxembourg (room A1/040) must be made in writing (fax+352/4301 32109) or by email to [email protected] not later than 15.00 on 16.08.2012. On the day that the tenders are opened, those attending must produce proof that they are authorised to act on behalf of a tenderer. Should a tenderer arrive at the opening of the tenders without having applied to do so, the Institutions may for organisational reasons refuse him access to the room. Only one participant per tenderer may attend.

I.7 - APPLICABLE LAW – JURISDICTION This call for tenders is subject to the legislation on the award of public contracts, particularly the following:

Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (published in Official Journal L 248, 16.9.2002), amended by

o Council Regulation (EC, Euratom) No 1995/2006 of 13 December 2006 (published in Official Journal L 390, 31.12. 2006),

o Council Regulation (EC, Euratom) No 1525/2007 of 17 December 2007 (published in Official Journal L 343, 27.12. 2007),

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o Regulation (EC, Euratom) No 1081/2010 of the European Parliament and of the Council of 24 November 2010 (published in Official Journal L 311, 26.11. 2010), hereinafter referred to as "the Financial Regulation";

Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of the Financial Regulation applicable to the general budget of the European Communities (published in Official Journal L 357, 31.12. 2002), as amended by

o Commission Regulation (EC, Euratom) No 1261/2005 of 20 July 2005 (published in Official Journal L 201, 02.08.2005),

o Commission Regulation (EC, Euratom) No 1248/2006 of 7 August 2006 (published in Official Journal L 227, 19.08.06),

o Commission Regulation (EC, Euratom) No 478/2007 of 23 April 2007 (published in Official Journal L 111, 28.04.07),

hereinafter referred to as “the implementing rules”.

These texts are available on the Eur-Lex website at http://eur-lex.europa.eu. The Financial Regulation and its implementing rules are also available at: http://ec.europa.eu/budget/biblio/documents/regulations/regulations_en.cfm#rf_modex

Any dispute which cannot be settled amicably shall be brought before the Court of First Instance of the Court of Justice of the European Union in Luxembourg. When the Contract is signed, the successful tenderer must be in compliance with the applicable legislation.

I.8 - LEGAL FORM OF THE TENDERER Tenders may be submitted by: physical persons, companies (legal persons) and public entities.

Glossary: The term "tenderer" is defined as: Case (a): a single economic operator which submits a tender without co-contractors or

declared subcontractors; Case (b): a single economic operator which submits a tender with one or more declared

subcontractors; Case (c): a group, consortium or temporary association (hereinafter referred to as a

"group") comprising one economic operator (known as the lead contractor) which submits a tender jointly with one or more other economic operators (known as co-contractors) and is able to call on one or more declared subcontractors.

Subcontractors must be declared if the estimated value of their services represents more than 10% of the amount of the Contract. Below this threshold, declaration is optional. In case (c), the group must designate a lead contractor, who will be the sole contact person and responsible vis-à-vis the Institutions. The group must declare itself jointly and severally liable (see II.4). The lead contractor and the co-contractors, with whom legal responsibility for the group lies, are referred to as “members of the group”. Subcontractors are not considered to be members of the group.

http://eur-lex.europa.eu/

http://ec.europa.eu/budget/biblio/documents/regulations/regulations_en.cfm#rf_modex

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Tenderers submitting a tender alone or as a member of a group shall not be permitted to submit another tender, whether alone or as a member of a group. I.9 - DOCUMENTS TO BE COMPLETED OR SUBMITTED WITH THE TENDER When submitting a tender, the tenderer and each of its co-contractors shall provide the information requested in sections II and III (unless otherwise specified in that section) of the specifications, and include with it all the required supporting documents, numbered in the same order and submitted in a binder.

In the event of subcontracting, the sole economic operator tendering or the lead contractor must include with the tender the documents from Sections II and III, which each subcontractor must complete, together with all the required supporting documents.

These documents must be duly completed, dated and signed in perfectly legible writing so that there can be no doubt as to words or figures.

In order to be valid, supporting documents must be at least copies of recent official documents (less than six months old) or copies of information available on official websites.

Incomplete tenders may be automatically disqualified. Nonetheless, if a tender requires clarification, the contracting authority may contact the tenderer to request further information. Such information will not lead to the conditions of the tender (financial or qualitative) being altered in any way. Any alteration will disqualify the tender.

Tenderers may add to their tender any other information they consider relevant.

Options or variants are not permitted and will not be taken into account.

I.10 - AWARD PROCEDURE The assessment procedure is in two stages:

Stage 1: selection of tenderers

During this stage, the contracting authority checks, on the basis of the documents submitted:

• whether tenderers meet the requirements of good character and good repute, according to the exclusion criteria;

• the suitability, i.e. the professional, economic, financial and technical capacity of the tenderers according to the selection criteria, taking account of the Contract requirements.

Only tenders from tenderers who have passed this stage will be assessed in the second stage.

Stage 2: award of the Contract

During this stage, the contracting authority will assess the tenders of the selected tenderers on the basis of the price offer submitted, and determine to whom the Contract will be awarded on the basis of the award criteria (see II.6).

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II - DOCUMENTS TO BE COMPLETED OR SUBMITTED BY THE TENDERER. II.1 - DOCUMENTS IDENTIFYING THE TENDERER Tenderers must complete the identification form in Section III (form No 1). This form contains:

• information on the calibre of the tenderer • information to be included in the Contract if awarded • practical information regarding the contact persons for the tenderer or the lead contractor • where applicable, information regarding the other parties mentioned in the tender (excluding the

lead contractor).

In the case of a group, the lead contractor must include an organisation chart of the group/ temporary partnership/consortium with the tender, which: o clearly specifies the division of tasks of each partner (lead contractor/

co-contractors/subcontractors). o describes the nature of the services and the percentage of the Contract co-contracted; o describes the nature of the services and the percentage of the Contract subcontracted.

II.2 - LEGAL ENTITY FORM AND FINANCIAL INFORMATION The Legal entity form and Financial information documents are crucial for registering your details in the institutions’ accounting system. If you have not been correctly registered, it will be impossible to sign the Contract or make any payments under it.

This information concerns only the single company or lead contractor of the tendering group or structure as defined in point II.1.

a) Please complete the "Legal entity" document (form No 2, Section III).

The information in this document must be strictly identical to the information on the official documents (articles of association, trade register, VAT registration, identity card, etc.) Please note that the document in the Annex is a model, and that a specific form exists for each: - Type of person: natural person, private company or public body; - Member State available at the internet address: http://ec.europa.eu/budget/contracts_grants/info_contracts/legal_entities/legal_entities_en.cfm

Tenderers who already have a Commission-approved legal entity number may enter it in Form No 1, Section III, instead of completing a "legal entity" document.

b) Please complete the "Financial information" document (form No 3, Section III).

Any payments under the Contract will be made solely to the bank account indicated in this document. The information regarding the tenderer provided in this document must be strictly identical to the bank’s information on the account holder. Please note that the document in Section III is a model, and a specific form for each Member State is available at the following address: http://ec.europa.eu/budget/contracts_grants/info_contracts/financial_id/financial_id_en.cfm

http://ec.europa.eu/budget/contracts_grants/info_contracts/legal_entities/legal_entities_en.cfm

http://ec.europa.eu/budget/contracts_grants/info_contracts/financial_id/financial_id_en.cfm

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Tenderers who already have one or more Commission-approved bank account numbers and who wish to use one of these accounts in their tender file, may enter it in Form No 1, Section III, including the account number to be used, instead of completing the "Financial information" form.

II.3 - DOCUMENTS REGARDING THE EXCLUSION CRITERIA AND THE ABSENCE OF CONFLICT OF INTEREST

By completing the declaration in Section III, form No 4, the tenderer (sole tenderer or lead contractor) and any co-contractors attest that they are not subject to any of the grounds for exclusion or in a position where there is a conflict of interest.

Subcontractors must also complete the above-mentioned declaration, if the estimated value of their services represents more than 10% of the amount of the contract.

II.4 - DOCUMENTS RELATING TO SIGNATURE OF THE TENDER The tenderer's tender shall be signed using the form provided: form No 5, section III:

o form No 5.1 shall be signed by the lead contractor, o form No 5.2 shall be signed by each co-contractor, o form No 5.3 shall be completed by each subcontractor whose services are estimated to be worth

more than 10% of the amount of the contract. This form shall include: o a declaration designating the lead contractor as the sole partner responsible vis-à-vis the

Institutions for the call for tenders and any contract awarded. This means that any payments made following the award of the Contract will be made exclusively to the bank account of the lead contractor;

o a declaration acknowledging that all members of the group are jointly and severally responsible vis-à-vis the Institutions for performance of the Contract.

II.5 - DOCUMENTS RELATING TO THE SELECTION CRITERIA Tender for (please tick the appropriate box(es))

Sublot 1.1: Express courier service from and to buildings in Luxembourg of the Commission, Court of

Justice of the European Communities, European Court of Auditors, Office for Official Publications of the European Communities, Translation Centre for the Bodies of the European Union and European Schools I and II.

Sublot 1.2: Express courier service from and to buildings of the three main working locations of the European Parliament: Brussels, Luxembourg and Strasbourg

Reminder: Tenderers may submit a tender for either or both sublots. The sublots may be awarded to different tenderers. However, the Commission reserves the right not to award both lots.

The sole tenderer or lead contractor along with any co-contractor(s) must complete or submit the documents below, which will enable the contracting authority to assess, for the purposes of the Contract, the tenderer's professional, economic, financial and technical capacity and suitability for carrying out the Contract.

Subcontractors must also submit the documents mentioned in Section II.5 if the estimated value of their services represents more than 10% of the amount of the contract.

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II.5.a Professional capacities a) The most recent version of the company’s memorandum and/or articles of association, or

extracts from these documents, clearly stating the company’s exact name, its purpose, the breakdown of its authorised capital and its authority to sign. If the tenderer is a natural person, a document proving his legal status and a copy of his identity card or passport.

b) Document(s) providing proof of entry in the professional or trade register in accordance with the statutory provisions of the country where the tenderer is established.

c) Copy/copies of the VAT registration document(s). This document must bear its identification number in the form PPxxxxxxxx…, where PP indicates the country of registration (LU, BE, FR, DE, etc.).

d) Document relating to the maximum sums covered under the tenderer’s civil and professional liability.

II.5.b Economic and financial capacity a) Statement of total turnover for the past three financial years: please complete the table below:

Table to be completed by each entity concerned and duplicated as many times as necessary

� Sole undertaking

� Lead contractor of group � Co-contractor � Declared

subcontractor

Last financial year from ................. to ………….

Financial year before last

from ........................ to ………….

Previous financial year

from.....................

to

Average over 3 YEARS

Default currency in EUR, please specify if national currency: ………. TURNOVER

Amount Amount Amount Amount

Overall

The tenderer's average total annual turnover for the last three years (sole undertaking or group) must be higher or equal to EUR 1 000 000. b) Presentation of the tenderer's annual accounts for the past three financial years for which accounts

have been closed. The balance of capital (capital + reserves + results) must have been positive at the end of the last financial year.

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II.5.c. Technical capacity Where a group is tendering, only the lead contractor need submit the documents and information relating to technical capacity: the items indicated must include the capacities of the various members of the group.

The lead contractor must nevertheless state clearly what work is to be done by the other members of the group. The following documents are requested:

N° 1. References Indicate at least three similar operations to the subject of the tender performed over the past five years, indicating for each reference the information required in the table below (attach supplementary documents if relevant):

Only references with a minimum number of 3 500 dispatches per year shall be taken into consideration.

Reference No… (duplicate as many times as necessary)

Name of enterprise presenting the reference:

� Sole undertaking � Lead contractor of group � Co-contractor � Declared

subcontractor

Name of customer:

Customer contact person:

Telephone number:

Brief description of the services performed:

Annual number of consignments: ………………………….

Period: from …………………to

Total value of services provided for the reference (EUR):

Tenderers shall attach certificates of satisfactory completion for closed contracts to this table. The certificates shall be signed by the companies concerned indicating the name and job title of the signatory.

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N° 2. A document to demonstrate his financial capacity to serve the countries listed in Annex II.C) of the draft framework contract - "List of countries"; Given the nature and value of the tender, the Institutions shall require the following minimum capacities: • a percentage of destinations ≥ 80% of the countries listed in Annex II.C) of the draft

framework contract; • compulsory service for the countries marked with an asterisk in the list of countries in Annex

II.C of the draft framework contract. Any tender which proposes a percentage of destinations covering less than 80% of the countries listed shall be rejected. Any tender which fails to offer a delivery service to the countries that must be served (marked with an asterisk in the list of countries included in Annex II.C to the draft framework contract) shall be rejected.

N° 3. A document demonstrating capacity to comply with the maximum delivery times imposed for the areas indicated below:

ZONES Maximum delivery times for standard dispatches *

(Working day)

EU – EFTA countries 36 hours

Rest of Europe and Mediterranean countries 60 hours

USA and Canada 72 hours

Rest of the world 84 hours

* For difficult-to-reach destinations (far away from a capital city or airport or, for locations in EU/EFTA countries, over 2000 km away from the starting point), an additional 24-hour period will be accepted.

N° 4. A description of the electronic tracking system used by the tenderer for monitoring each dispatch from the time of submission up to the final destination (Tracking):

Please specify: - the system description; - its reliability and security measures; - alternatives proposed in the event of a technical breakdown in the system; - the training to be given and the helpdesk made available to users at the Institutions.

N° 5. A description containing point-by-point confirmation that the tenderer has the capacity to provide all the services described in the "Technical specifications" (Annex II.B of the contract), including the description and implementation methods for the organisation required to ensure the continuity of the services.

Tenderers who do not provide references containing the information set out above will be deemed not to have the minimum technical capacity necessary to provide the services required.

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II.6 - DOCUMENTS RELATING TO CALCULATION OF THE TENDER AMOUNT FOR AWARD OF THE

CONTRACT N.B.: Where a group of companies or subcontractors are involved, these documents are to be completed only by the lead contractor. All information regarding the co-contractors or subcontractors must be included. Where relevant, the subcontracted tasks must be clearly identified, including their percentage in relation to the whole of the Contract. Reference: Information to be provided for financial assessment of the tender (see Annexes 1a and/or 1b

of the specifications)

In order to enable the Institutions to calculate the amount of the tenders on the basis of the financial criterion, the tenderer must complete Annex 1a and/or 1b of the specifications for each sublot for which a tender is submitted.

Financial assessment of the tender shall be carried out according to the following calculation methodology:

Prices provided for each destination according to weight multiplied by

the number of consignments per year indicated in Annex 1a and/or 1b of the specifications weighted as follows:

- 70% of consignments up to 0.5 kg - 20% of consignments between 0.5 and 1 kg - 10% of consignments between 1.5 and 2 kg

The total tender amount for each sublot shall be calculated by adding the results obtained for each country listed in Annex 1a and/or 1b of the specifications.

It is essential that this document be completed in the format required by the awarding authority. Using ranges or several numbers where a single figure is requested, expressing reservations as to certain prices, percentages or any other element in the tender, adding or changing items, etc. will inevitably mean that the tender cannot be assessed or compared with those of the other tenderers. In such cases, the contracting authority will be obliged to declare the tender unusable and reject it.

Procedures to be followed by the tenderer: complete the electronic version of Annex 1a and/or 1b of the specifications, indicating the cost for consignments up to 0.5 kg and per additional 0.5 kg for each country. The amount per country and the total amount will be filled in automatically.

When the documents have been completed, they must be printed out, dated, signed and attached to the tender.

All items in Annex 1a and/or 1b to the specifications must be filled in; otherwise the tender shall be rejected. No boxes may be left blank. If the price of a service is EUR 0, tenderers must indicate it in that way (no symbols: -, /, etc.). II.7 - PRICE SCHEDULE TO BE ATTACHED TO THE PRICE FORM (SEE ANNEXES II.A.1 AND II.A.2 OF

THE DRAFT CONTRACT In addition, the tenderer must attach an overall price schedule in Annex II.1 of the draft framework contract - "Price form", including all the destination countries, prices and delivery times for "standard" consignments from Luxembourg for sublot 1 and from Brussels, Luxembourg and Strasbourg for sublot 2 (export services).

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The tenderer shall also attach the financial conditions for other services such as: consignments to Luxembourg from other countries for sublot 1 (import services); consignments to Brussels, Luxembourg and Strasbourg from other countries for sublot 2 (import

services); urgent consignments; large consignments and/or those weighing over 10 kg not requiring urgent delivery; any other service that the tenderer may offer under the contract.

Note: The tenderer should note the following points:

prices must be expressed in euros and will not be affected by any changes in the rate of the euro against other currencies; prices shall be net of VAT, firm and not subject to revision until the Contract has been signed and at the latest six months after the deadline for the submission of tenders; the proposed price schedule shall not include any other supplement (such as a fuel surcharge, handling etc.) and prices must be calculated excluding taxes; during performance of the contract, price reviews shall be conducted pursuant to the provisions of the draft contract; as the European Communities are exempt from all taxes and duties, including value-added tax (VAT), pursuant to Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities, these may not be included in the price.

The above five points shall apply to the financial information supplied by the tenderer in Annex 1a and/or 1b of the specifications (see point II.6).

The information proposed for calculation of the tender amount must match the prices and delivery periods included in the price schedule attached by the tenderer in Annexes II.A.1 and II.A.2.

II.8 - FINAL ASSESSMENT The Contract will be awarded by sublot to the lowest-priced tender that is in order and satisfies the conditions laid down.

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III - PRINTABLE FORMS FORM No 1: IDENTIFICATION OF THE TENDERER

Identification of the Tenderer (to be completed)

acting in its capacity as:

� Sole tenderer, with no declared subcontractors*

� Sole tenderer, with declared subcontractor(s)*

� Group* (please give the name of the

group)

� Natural person*

Name:

Position or profession:

� Company � Public-law entity*

Name of the company/organisation:

Represented by:

Position: * Please tick � and fill in the sections required

Information to be included in the Contract if awarded

Identity details Details

Full name of the tenderer’s firm

Legal form

Country of registration

Registration number

VAT number

Full address of the tenderer’s registered office

Internet address (where applicable)

Person(s) designated to sign the contract(s): name in full and position. Please state, where applicable, whether the persons are authorised to sign independently or jointly.

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Additional information concerning the Legal Entity Files (LEF) and financial information forms (where applicable and if known by the tenderer)

Legal entity file (LEF) � Yes � No*

Financial information form � Yes � No*

*If the answer is no, please fill in forms 2 and 3 Practical information regarding the contact persons for the tenderer or the lead contractor Contact person for administrative matters Details

Name in full and title

Position

Name of company

Address in full

Telephone

Fax

E-mail address Contact person for technical matters Details

Name in full and title

Position

Name of company

Address in full

Telephone

Fax

E-mail address

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Information regarding the other parties mentioned in the tender (excluding the lead contractor)

duplicate as many times as necessary for identification of all members of the group and each declared subcontractor

(to be completed) acting in its capacity as:

� Member of group � Declared subcontractor

� Natural person*

Name:

Position or profession:

� Company � Public-law entity*

Name of the company/organisation:

Represented by:

Position: * Please tick � and fill in the sections required

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FORM No 2 LEGAL ENTITY

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FORM No 3 FINANCIAL INFORMATION SHEET

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FORM No 4 IN RELATION TO THE EXCLUSION CRITERIA

Declaration regarding the exclusion criteria and the absence of conflict of interest The undersigned: ………………………………………..……………………………………………..........................

acting in his/her own name (if the economic operator is a natural person or in case of own declaration of a director or person with powers of representation, decision-making or control over the economic operator) or

acting as a representative (if the economic operator is a legal person)

official name in full (only for legal persons):

....................................................................................................……………………………………

official legal form (only for legal persons): ……………………………………………………

official address in full: ………………………………………………………………………………………………………

………………………………………………………………………………………………………

VAT registration number:

………………………………………..........................................................................

declares that he/she or the company or organisation that he/she represents:

a) is not bankrupt or being wound up, is not having his/her/its affairs administered by the courts, has not entered into an arrangement with creditors, has not suspended business activities, is not the subject of proceedings concerning those matters, and is not in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

b) has not been convicted of an offence concerning professional conduct by a judgment which has the force of res judicata;

c) has not been guilty of grave professional misconduct proven by any means which the contracting authorities can justify;

d) has fulfilled all his/her/its obligations relating to the payment of social security contributions and the payment of taxes in accordance with the legal provisions of the country in which he/she/it is established, with those of the country of the contracting authority and with those of the country where the Contract is to be performed;

e) has not been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the European Union’s financial interests;

f) has not been the subject of an administrative penalty for being guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in a procurement procedure or failing to supply information, or being declared to be in serious breach of his/her obligations under contracts covered by the budget.

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In addition, the undersigned declares on his honour that:

(g) he/she has no conflict of interest in connection with the Contract; a conflict of interest could arise in particular as a result of economic interests, political or national affinities, family or emotional ties or any other relevant connection or shared interest;

(h) he will inform the awarding authority without delay of any situation considered a conflict of interest or which could give rise to a conflict of interest;

(i) he/she has not made and will not make any offer of any type whatsoever from which an advantage can be derived under the Contract;

(j) he/she has not granted, sought, attempted to obtain or accepted and will not grant, seek, attempt to obtain or accept any advantage, financial or in kind, to or from any party whatsoever, constituting an illegal practice or involving corruption, either directly or indirectly, as an incentive or reward relating to the award of the Contract;

(k) the information provided to the Institutions within the context of this call for tenders is accurate, sincere and complete.

(l) in the event they are awarded the contract, shall provide the evidence that they are not in any of the situations described in points a), b), d) and e) above.

For the situations described in a), b) and e), production of a recent extract from the judicial record is required or, failing that, a recent equivalent document issued by a judicial or administrative authority in the country of origin or provenance showing that those requirements are satisfied. Where the tenderer is a legal person and the national legislation of the country in which the tenderer is established does not allow the provision of such documents for legal persons, the documents should be provided for natural persons, such as the company directors or any person with powers of representation, decision-making or control in relation to the tenderer. For the situation described in point d) above, recent certificates or letters 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 tenderer is liable, including for example VAT, income tax (natural persons only), company tax (legal persons only) and social security contributions. For any of the situations described in a), b), d) or e), where any document described in the two paragraphs above is not issued in the country concerned, it may be replaced by a sworn or, failing that, a solemn statement made by the interested party before a judicial or administrative authority, a notary or a qualified professional body in the country of origin or provenance.

By signing this form, the undersigned acknowledges acquaintance with the administrative and financial penalties described under Articles 133 and 134b of the Implementing Rules (Commission Regulation 2342/2002 of 23 December 2002), which may be applied if any of the declarations or information provided prove to be false.

Name in full and position Date Signature

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FORM No 5 OF THE TENDER SIGNATURE

5.1. Model signature form for the sole undertaking or lead contractor (1)

I, the undersigned, declare that I am aware of all the terms and conditions of the Contract and undertake to comply therewith in the event of my group/sole undertaking (delete as appropriate) winning the contract. I, the undersigned, certify that the information given in this tender is correct and that the tender is valid until 07.02.2012. (closing date for submission of tenders + 6 months). [To be included only the case of groups]. I, the undersigned, declare that I am the lead contractor and the sole partner responsible vis-à-vis the Institutions for this call for tenders and any contract awarded. [To be included only the case of groups]. As co-contractors, all members of the group are jointly and severally responsible vis-à-vis the Institutions for performance of the contract.

Name: Company stamp: Position: Signature: Date: Co-signatory (if any) Name: Position: Signature: Date:

(1) The tender must include documents proving that the person(s) designated to sign the contract and the person(s) signing the

tender are authorised to do so.

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5.2. Specimen signature for co-contractors

(reproduce as many times as necessary)

I, the undersigned, declare that I am aware of all the terms and conditions of the Contract and undertake to comply therewith in the event of my group winning the contract. I, the undersigned, declare that ………………………………………………………………………………………. (name of the lead contractor) is the lead contractor and the sole partner responsible vis-à-vis the Institutions for this call for tenders and any contract awarded. As co-contractors, all members of the group are jointly and severally responsible vis-à-vis the Institutions for performance of the Contract. Name: Company stamp: Position: Signature: Date: Co-signatory (if any) Name: Position: Signature: Date:

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5.3. Specimen signature form for subcontractors

This form is to be completed by each subcontractor whose services are estimated to be worth more than 10% of the amount of the contract.

(reproduce as many times as necessary)

I, the undersigned, undertake to carry out the work ordered by the lead contractor in accordance with the specific conditions for performing the contract. Name: Company stamp: Position: Signature: Date: Co-signatory (if any) Name: Position: Signature: Date: Attachments : 1) Information for the qualitative and financial assessment of the tender (table 1a and table 1b) 2) Draft framework contract 04/2012/OIL/lot1 (sublot1 and/or 2) and its annexes Other Information: These specifications shall be attached to the framework contract under the reference "Annex III to the framework contract".

Call for tenders No 04/2012/OIL/lot1Annex 1a) to the specifications

Procedures to be followed by the tenderer: complete the electronic version of Annex 1a) of the specifications, indicating the cost for consignments up to 0.5 kg and per additional 0.5 kg for each country. The amount per country and the total amount will be filled in automatically.When the document has been completed, it must be printed out, dated, signed and attached to the tender.

N.B.: this document must not be confused with the price form in Annex II.A.1 of the draft framework contract to which the tenderer shall attach his price schedule, but it must be filled in with the delivery times and prices indicated in the price schedule.

Call for tenders No 04/2012/OIL/lot1


Annex 1a) to the specifications

Informations to be supplied for the financial assessment of the tender for sublot 1

Express courier service from and to buildings in Luxembourg of the European Commission, Courtof Justice of the European Communities, European Court of Auditors, Office for Official

Publications of the European Communities, Translation Centre for the Bodies of the European Union and European Schools I and II

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up to 0.5 kg per additional 0.5 kg

Austria 50 0 0 0,00Belgium 650 0 0 0,00Bulgaria 30 0 0 0,00Cyprus 30 0 0 0,00Czech Republic 30 0 0 0,00Denmark 40 0 0 0,00Estonia 30 0 0 0,00Finland 30 0 0 0,00France 170 0 0 0,00Germany 110 0 0 0,00Greece 70 0 0 0,00Hungary, 60 0 0 0,00Iceland 10 0 0 0,00Éire/Ireland 30 0 0 0,00Italy 140 0 0 0,00Latvia 30 0 0 0,00Lithuania 30 0 0 0,00Luxembourg 50 0 0 0,00Malta 20 0 0 0,00Netherlands 30 0 0 0,00Norway 30 0 0 0,00Poland 50 0 0 0,00Portugal 30 0 0 0,00Romania 40 0 0 0,00Slovakia 30 0 0 0,00Slovenia 30 0 0 0,00Spain 170 0 0 0,00Sweden 30 0 0 0,00Switzerland 30 0 0 0,00United Kingdom 90 0 0 0,00

SUB-TOTAL 2170 0,00

Amount per country calculated according to weighting

70% of consignments up to 0.5 kg 20% of consignments between 0.5 and 1 kg 10 % of consignments between 1.5 and 2 kg

* Forecasts for annual consignments - all weights. This information is provided as a guide without any commitment on the part of the Institutions.** Rate to be used to ensure delivery within a maximum period of 36 hours - For difficult-to-reach destinations (far away from a capital city or an airport or for locations in EU/EFTA countries situated more than 2 000 km from the starting point), an additional 24-hour period will be accepted.

COUNTRY number of consignments*

informationfor financial evaluation

cost of a consignment at the "standard maximum 36 hours"** rate

EU and EFTA countries up to 30.06.12

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Albania 20 0 0 0,00Armenia 20 0 0 0,00Azerbaijan 20 0 0 0,00Bulgaria 20 0 0 0,00Bosnia and Herzegovin 20 0 0 0,00Croatia 30 0 0 0,00Egypt 10 0 0 0,00FYROM - Former Yugoslav Republic of Macedonia

20 0 0 0,00Georgia 10 0 0 0,00Israel 10 0 0 0,00Kazakhstan 10 0 0 0,00Moldova 10 0 0 0,00Montenegro 10 0 0 0,00Morocco 10 0 0 0,00Russia 10 0 0 0,00Serbia 10 0 0 0,00Turkey 10 0 0 0,00Ukraine 10 0 0 0,00SUB-TOTAL 260 0,00

number of consignments*


cost of a consignment at the "standard maximum 60 hours"*** rate



COUNTRY

Non-EU or EFTA countries in Europe, countries of the Commonwealth of Independent States, the Middle East and North Africa

** Rate to be used to ensure delivery within a maximum period of 60 hours - For difficult-to-reach destinations (far away from a capital city or an airport), an additional 24-hour period will be accepted.

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Canada: 20 0 0 0,00USA 50 0 0 0,00SUB-TOTAL 70 0 0 0,00


Australia 20 0 0 0,00China 20 0 0 0,00Japan 20 0 0 0,00New Zealand 20 0 0 0,00SUB-TOTAL 80 0,00

0,00

0,00

0,00

0,00

0,00

Company stamp Signature

Calculation of the total tender amount - sublot 1

***** Rate to be used to ensure delivery within a maximum period of 84 hours - For difficult-to-reach destinations (far away from a capital city or an airport) an additional 24-hour period will be accepted.

TOTAL TENDER AMOUNT

NORTH AMERICA

REST OF THE WORLD

EU and EFTA countries up to 30.06.12Non-EU or EFTA countries in Europe, countries of the Commonwealth of Independent States, the Middle East and North Africa

NORTH AMERICA



COUNTRY number of consignments*


REST OF THE WORLD

COUNTRY

**** Rate to be used to ensure delivery within a maximum period of 72 hours - For difficult-to-reach destinations (far away from a capital city or an airport), an additional 24-hour period will be accepted.

number of consignments*



cost of a consignment at the "standard maximum 84 hours"***** rate


cost of a consignment at the "standard maximum 72 hours"**** rate

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Call for tenders No 04/2012/OIL/lot1Annex 1b) to the specifications

Call for tenders No 04/2012/OIL/lot1


Annex 1b) to the specifications

Informations to be supplied for the financial assessment of the tender for sublot 2

Express courier service from and to the buildings of the European Parliament in Brussels, Luxembourg and Strasbourg and from and to the buildings of the European Ombudsman in

Strasbourg and Brussels.

Procedures to be followed by the tenderer: complete the electronic version of Annex 1b) of the specifications, indicating the cost for consignments up to 0.5 kg and per additional 0.5 kg for each country. The amount per country and the total amount will be filled in automatically.When the document has been completed, it must be printed out, dated, signed and attached to the tender.

N.B.: this document must not be confused with the price form in Annex II.A.2 of the draft framework contract to which the tenderer shall attach his price schedule, but it must be filled in with the delivery times and prices indicated in the price schedule.

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Austria 30 0 0 0,00Belgium 70 0 0 0,00Bulgaria 30 0 0 0,00Cyprus 20 0 0 0,00Czech Republic 20 0 0 0,00Denmark 20 0 0 0,00Estonia 10 0 0 0,00Finland 20 0 0 0,00France 30 0 0 0,00Germany 40 0 0 0,00Greece 30 0 0 0,00Hungary, 20 0 0 0,00Iceland 20 0 0 0,00Éire/Ireland 30 0 0 0,00Italy 30 0 0 0,00Latvia 10 0 0 0,00Lithuania 10 0 0 0,00Luxembourg 50 0 0 0,00Malta 20 0 0 0,00Netherlands 10 0 0 0,00Norway 20 0 0 0,00Poland 20 0 0 0,00Portugal 20 0 0 0,00Romania 20 0 0 0,00Slovakia 20 0 0 0,00Slovenia 20 0 0 0,00Spain 30 0 0 0,00Sweden 20 0 0 0,00Switzerland 20 0 0 0,00United Kingdom 30 0 0 0,00

SUB-TOTAL 740 0,00

EU and EFTA countries up to 30.06.12



COUNTRYnumber of consignme

nts*


cost of a consignment at the "standard maximum 36 hours"** rate

* Forecasts for annual consignments - all weights. This information is provided as a guide without any commitment on the part of the Institutions.** Rate to be used to ensure delivery within a maximum period of 36 hours - For difficult-to-reach destinations (far away from a capital city or an airport or for locations in EU/EFTA countries situated more than 2000 km from the starting point), an additional 24-hour period will be accepted.

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Albania 20 0 0 0,00Armenia 10 0 0 0,00Azerbaijan 10 0 0 0,00Bulgaria 10 0 0 0,00Bosnia and Herzegovin 10 0 0 0,00Croatia 20 0 0 0,00Egypt 10 0 0 0,00FYROM - Former Yugoslav Republic of Macedonia

10 0 0 0,00Georgia 10 0 0 0,00Israel 20 0 0 0,00Kazakhstan 10 0 0 0,00Moldova 10 0 0 0,00Montenegro 10 0 0 0,00Morocco 10 0 0 0,00Russia 20 0 0 0,00Serbia 10 0 0 0,00Turkey 20 0 0 0,00Ukraine 10 0 0 0,00SUB-TOTAL 230 0,00*** Rate to be used to ensure delivery within a maximum period of 60 hours - For difficult-to-reach destinations (far away from a capital city or an airport), an additional 24-hour period will be accepted.


nts*


cost of a consignment at the "standard maximum 60 hours"*** rate

Non-EU or EFTA countries in Europe, countries of the Commonwealth of Independent States, the Middle East and North Africa



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Canada: 20 0 0 0,00USA 30 0 0 0,00SUB-TOTAL 50 0,00


Australia 20 0 0 0,00China 20 0 0 0,00Japan 20 0 0 0,00New Zealand 20 0 0 0,00SUB-TOTAL 80 0,00

0,00

0,00

0,00

0,00

0,00

Company stamp Signature


cost of a consignment at the "standard maximum 72 hours"**** rate

Calculation of the total tender amount - sublot 2




nts*


REST OF THE WORLD

COUNTRY

NORTH AMERICA

TOTAL TENDER AMOUNT

NORTH AMERICA

REST OF THE WORLD

EU and EFTA countries up to 30.06.12Non-EU or EFTA countries in Europe, countries of the Commonwealth of Independent States, the Middle East and North Africa

**** Rate to be used to ensure delivery within a maximum period of 72 hours - For difficult-to-reach destinations (far away from a capital city or an airport) an additional 24-hour period will be accepted.

***** Rate to be used to ensure delivery within a maximum period of 84 hours - For difficult-to-reach destinations (far away from a capital city or an airport), an additional 24-hour period will be accepted.

number of consignme

nts*



cost of a consignment at the "standard maximum 84 hours"***** rate

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FRAMEWORK SERVICE CONTRACT (draft)

Modèle de contrat de septembre 2011

1

EUROPEAN COMMISSION Office for infrastructure and logistics - Luxembourg OIL.06 Finance – Procurement – Reporting

FRAMEWORK SERVICE CONTRACT

CONTRACT No 04/2012/OIL/lot 1 The European Union (hereinafter referred to as "the Union"), represented by the European Commission (hereinafter referred to as "the Commission") [and the following contracting authorities

– the European Parliament (EP) – the Court of Justice of the European Communities (ECJ) – the European Court of Auditors (ECA) – the Publications Office of the European Union (OP) – the Translation Centre for the Bodies of the European Union (CDT) – the European Ombudsman (EO) – the European School Luxembourg I (EE I) – the European School Luxembourg II (EE II) (hereinafter referred to as “the Institutions”),

represented for the purposes of the signature of this contract by Ms Marian O'Leary, Director of the Office for Infrastructure and Logistics, Luxembourg or her duly authorised representative,

of the one part, and the company [official name in full] [official legal form] [statutory registration number] [official address in full] [VAT registration number] (hereinafter referred to as “the Contractor”), represented for the purposes of the signature of this contract by [name in full and function] of the other part,

Projet de contrat-cadre 04/2012/OIL/lot 1

2

HAVE AGREED

the Special Conditions and the following Annexes:

Annex I A General Conditions B Specimen order form C Model specific contract Annex II A Tender form - price schedule 1. for sublot 1 2. for sublot 2 B Technical specifications 1. for sublot 1 2. for sublot 2 C List of countries of the world Annex III Specifications (call for tenders No 04/2012/OIL/lot1 of …….) Annex IV Contractor’s tender ref. ……………. of …..) Annex V List of public holidays for 2012 - 2013 which form an integral part of this framework contract (hereinafter referred to as “the Contract”). The terms set out in the Special Conditions shall take precedence over those in the other parts of the Contract. The terms set out in the General Conditions shall take precedence over those in the model order form and model specific contract (Annex I) The terms set out in the model order form and model specific contract (Annex I) shall take precedence over those in the other Annexes. The terms set out in the Tender Specification (Annex III) shall take precedence over those in the Tender (Annex IV). The terms set out in the Contract shall take precedence over those in the order forms and specific contracts. The terms set out in the specific contracts shall take precedence over those in the requests for services. The terms set out in the requests for services shall take precedence over those in the specific tenders. Subject to the above, the several instruments forming part of the Contract are to be taken as mutually explanatory. Ambiguities or discrepancies within or between such parts shall be explained or rectified by a written instruction issued by the Commission, subject to the rights of the Contractor under Article I.7 should it dispute any such instruction.


3

I – SPECIAL CONDITIONS Article I.1 - SUBJECT I.1.1. The subject of this contract is express courier services with compulsory

confirmation of delivery. The services include: for sublot 1: dispatches from and to buildings in Luxembourg of the

Commission, the Court of Justice, Court of Auditors, the Translation Centre and the European Schools I and II.

for sublot 2: dispatches from and to buildings of the European Parliament in Brussels, Luxembourg and Strasbourg and dispatches from and to buildings of the European Ombudsman in Strasbourg and Brussels.

in accordance with the provisions of the Contract and its annexes.

I.1.2. Signature of the Contract imposes no obligation on the Institutions to purchase. Only implementation of the Contract through order forms and specific contracts is binding on the Institutions.

I.1.3. Once implementation of the Contract has commenced, the Contractor shall provide the services in accordance with all terms and conditions of the Contract.

Article I.2 - DURATION I.2.1. This Contract shall enter into force on:

• for sublot 1: 08.12.2012 for an initial period up to 31.12.2013.

After this date, it will be renewed by tacit agreement three times, each time for a period of one year, i.e. up to 31.12.2016, unless terminated by either party by registered letter six months before the end of the current contract period.

• for sublot 2: 01.01.2013 for an initial period of one year up to 31.12.2013.

After this date, it will be renewed by tacit agreement three times, each time for a period of one year, i.e. up to 31.12.2016, unless terminated by either party by registered letter six months before the end of the current contract period.

I.2.2. Under no circumstances may implementation commence before the date on which the Contract enters into force. Execution of the tasks may under no circumstances commence before the date on which the order form or the specific contract enters into force.

I.2.3. The order forms or specific contracts shall be returned signed before the Contract to which they refer expires.

After its expiry, the Contract shall continue to apply to order forms or specific contracts. They must be executed no later than the deadline stated

Article I.3 - PRICES I.3.1. The maximum amount of the Contract shall be EUR [amount in figures and in

words].

The price indicated in the specific contract or order form covers any fees payable to the Contractor in relation to the vesting of rights in the Union and, where applicable, the transfer of rights to the Union and any use of the results by the Institutions.


4

I.3.2. In consideration for the work performed under the Contract, the Institutions shall pay to the Contractor the amounts specified in the price schedule in Annex II.A, which shall constitute the upper limit of applicable prices.

I.3.3. Prices shall be net of VAT and expressed in euros, and shall not be affected by any change in the rate of the euro against other currencies.

I.3.4. They shall include all direct and indirect costs incurred by the Contractor in performing its services.

I.3.5. Price revision

The prices contained in Annex II.A shall be fixed and not subject to revision for implementation during the first year of duration of the Contract. At the beginning of the second and every following year of the Contract, [80% of] each price may be revised upwards or downwards , if such revision is requested by one of the contracting parties by registered letter. The Institution shall purchase on the basis of the prices in force on the date on which order forms and specific contracts are signed. Such prices shall not be subject to revision. Such revision shall be determined by the trend in the harmonised consumer price index MUICP published by the Publications Office of the European Union in the Eurostat monthly "Data in Focus" publication at http://epp.eurostat.ec.europa.eu/portal/page/portal/hicp/publications/data_in_focus Revision shall be calculated using the following formula: Ir Pr = Po (0.2 + 0.8 — ) Io where Pr = revised price; Po = price in the original tender; Io = either: - index for the month corresponding to the final date for submission of tenders; - index for the month corresponding to the date the supplementary agreement entered into force; Ir = the most recent final index published before the letter requesting a revision of prices was received.

The revised prices shall apply from the first day of the quarter following the date on which the request for revision was received or, if necessary, from the next order form or specific contract. No retroactive effect shall be permitted.

Article I.4 - PAYMENTS AND IMPLEMENTATION OF THE

CONTRACT

I.4.1. Single framework contract Within one week of an order form or a request for specific services not included in the price schedule being sent by the Institutions to the Contractor, the Institutions shall receive the completed order form or the specific tender back, duly signed and dated.

Within 15 working days of a specific contract being sent by the Institutions to the Contractor, they shall receive it back duly signed and dated.

The period allowed for the execution of the tasks shall start to run on the date that the Contractor signs the order form or on the date that the specific contract is signed by the Institutions, unless the documents refers to a different date.

http://epp.eurostat.ec.europa.eu/portal/page/portal/hicp/publications/data_in_focus


5

I.4.2. Payments Payments under the Contract shall be made once a month for each separate institution on the basis of the prices in the schedule in the tender and a summary of the deliveries carried out.

The request for payment shall be valid only if accompanied by the relevant invoice. The invoice shall include a table and an electronic file (EXCEL) which must include at least the following information: - the invoice number - the Contract number - the order form or specific contract number - the contact (name or reference of the person having placed an order) - the type of dispatch (document and/or package) - the date - the zone and country of destination - the weight - the price - the number of the consignment note - the bank account details of the Contractor.

The invoice sent to the Commission shall be broken down by Directorate-General.

Invoices shall be sent directly to the address given in Article I.4.4 of the Contract. During the duration of the Contract, the Institutions may send a written request to the Contractor to address his invoices directly to the Directorate-General or department that placed the order.

I.4.3. For sublot 1, the Institutions undertake to pay sums due to the Contractor pursuant to this contract within a maximum of 30 (thirty) calendar days running from the date on which the payment request is registered to the date on which the Institutions’ account is debited, on condition that the corresponding work has been completed.

For sublot 2, the Institutions undertake to pay sums due to the Contractor pursuant to this contract within a maximum of 45 (forty-five) calendar days running from the date on which the payment request is registered to the date on which the Institutions’ account is debited, on condition that the corresponding work has been completed.

I.4.4. Invoicing addresses

Any request for payment for sublot 1 must be sent to the following addresses:

For the Commission: Office for Infrastructures and Logistics, Luxembourg Unit OIL.06 – Finance, Procurement, Reporting (Administrative expenditure) L-2920 Luxembourg

For the Court of Justice of the European Communities Court of Justice of the European Communities DG Infrastructure Purchasing and inventory unit L-2925 Luxembourg


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For the European Court of Auditors European Court of Auditors Accounting Unit 12, rue Alcide de Gasperi L-1615 Luxembourg

For the Office for Official Publications of the European Union Publications Office of the European Union CAD-Invoicing L-2985 Luxembourg

For the Translation Centre for the Bodies of the European Union Translation Centre of the EU Bodies Administration Department Logistics and Security Section 1, rue du Fort Thüngen L-1499 Luxembourg

For the European School I European School I Administration 23, Bld. Konrad Adenauer L-1115 Luxembourg- Kirchberg

For the European School II European School II Accounting services 6, rue Gaston Thorn L-8268 Bertrange

Any request for payment for sublot 2 must be sent to the following addresses:

For the European Parliament European Parliament Plateau du Kirchberg L-2929 Luxembourg

For the European Ombudsman European Ombudsman Personnel, Administration and Budget Unit Rue Wiertz B-1047 Brussels

I.4.5. The undertaking of the Institutions to comply with payment deadlines is conditional upon the proper submission of requests for payment to the above addresses, accompanied by the corresponding documents/IT tools.


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Article I.5 - BANK ACCOUNT

Payments shall be made to the Contractor’s bank account denominated in euros, identified as follows:

Name of bank: Address of branch in full: Exact designation of account holder: Full account number, including codes: [IBAN and BIC codes:]

Article I.6 - GENERAL ADMINISTRATIVE PROVISIONS

I.6.1. Any communication relating to the Contract or its execution (with the exception of correspondence regarding possible amendments to the Contract) shall be in writing or by e-mail and shall bear the Contract number and the number of the order form or specific contract. Ordinary mail shall be deemed to have been received by the Institutions on the date on which it is recorded by the department responsible, as designated below.

Electronic communication must be confirmed by paper communication when requested by any of the parties. The parties agree that paper communication can be replaced by electronic communication with an electronic signature.

Correspondence shall be sent to the following addresses:

for the Commission: Office for Infrastructures and Logistics, Luxembourg Unit OIL.1 – Transport Sector L-2920 Luxembourg

for the Court of Justice of the European Communities European Court of Justice DG Infrastructure Purchasing and inventory unit L-2925 Luxembourg

for the European Court of Auditors European Court of Auditors Administration Unit 12, rue Alcide De Gasperi L-1615 Luxembourg

for the Office for Official Publications of the European Communities: Publications Office of the European Union Infrastructure Unit L-2985 Luxembourg

for the Translation Centre for the Bodies of the European Union Translation Centre of the EU Bodies Administration Department Logistics and Security Section 1, rue du Fort Thüngen L-1499 Luxembourg


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for the European School I The European School Administration 23, Bld. Konrad Adenauer L-1115 Luxembourg- Kirchberg

for the European School II European School II The Administrator-Bursar's Office 6, rue Gaston Thorn L-8268 Bertrange

for the European Parliament European Parliament Official mail 60 rue Wiertz ASPO4F/366 B-1047 Brussels for the European Ombudsman Personnel, Administration and Budget Unit 60, rue Wiertz B-1047 Brussels for the Contractor: Mr/Ms [to be completed] [Position] [Company name] [Official address in full]

I.6.2. The Contractor shall inform the Institutions immediately by registered letter to the above address of any change requiring a supplementary agreement to the Contract, particularly regarding the Contractor’s official name, the address of his registered office or bank account details.

Office for Infrastructures and Logistics, Luxembourg Unit OIL.06 – Finance, Procurement, Reporting L-2920 Luxembourg E-mail: [email protected]

Article I.7 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES

I.7.1. The Contract shall be governed by Union law, complemented, where necessary, by the national substantive law of Luxembourg.

I.7.2. Any dispute between the parties resulting from the interpretation or application of the Contract which cannot be settled amicably shall be brought before the courts of Luxembourg.

mailto:[email protected]


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Article I.8 - DATA PROTECTION Any personal data included in the Contract 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. Such data shall be processed solely for the purposes of the performance, management and monitoring of the Contract by OIL.06 acting as data controller without prejudice to possible transmission to the bodies charged with monitoring or inspection task in application of Union law.

Article I.9 - USE OF THE RESULTS

Not required. Article I.10 - TERMINATION BY THE CONTRACTING PARTIES

Either contracting party may, of its own volition and without being required to pay compensation, terminate the Contract by serving six months formal prior notice. Should the Institutions terminate the Contract, the Contractor shall only be entitled to payment corresponding to the part-performance of the services ordered before the termination date. Article II.14.4 of Annex I.A shall apply accordingly. Article I.11 - CONTRACT CONCLUDED DURING STANDSTILL

PERIOD

If signed by both the Institutions and the Contractor before the expiry of 14 calendar days from the day after the simultaneous dispatch of the rejection and award decisions, this Contract shall be null and void.

This Article is not applicable to contracts not covered by Directive 2004/18/EC and in cases indicated in Article 158a(2) of the rules for the implementation of the Financial Regulation [Regulation (EC, Euratom) No 2342/2002].

Article I.12 - INTERINSTITUTIONAL CONTRACT I.12.1. This is an interinstitutional Framework Contract. The Commission acts on its own

behalf and on behalf of the institutions and bodies referred to in Article 185 of the Financial Regulation (‘the contracting authorities’) for which it has received power of attorney before the signing of the Framework Contract. The Commission signs the Contract and possible amendments on behalf of itself and all other contracting authorities.

I.12.2. The Commission is the lead contracting authority responsible for the Contract, representing all participating contracting authorities. Each contracting authority is responsible for the particular order forms and/or specific contracts they award.

I.12.3. In the event of the Contractor having a complaint in relation to the conclusion, execution or termination of an order form or specific contract, the Contractor remains bound to his obligations under the Contract and other order forms or specific contracts. Without prejudice to Article I.7, the Contractor expressly commits not to compensate or suspend the execution of other order forms or specific contracts.

Article I.13 - CHANGES TO THE CONTRACT I.13.1. The Contractor shall inform the Institutions immediately in writing or in electronic

format to the address given in Article I.6.2 of any change requiring a


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supplementary agreement to the Contract, particularly regarding the Contractor’s official name, the address of his registered office or bank account details.

I.13.2. In the event that either party wishes to add, withdraw or change certain aspects of the service, that party shall inform the other party at least one month in advance by registered letter, indicating the desired date on which the change is to take effect. If an agreement is reached with the other party, the financial terms associated with these changes shall be determined, where necessary, by joint agreement between the parties. The agreement shall be formalised in writing, in accordance with Article II.7 of Annex I.A. The Contractor shall not be entitled to any compensation where work is cancelled or reduced.

Article I.14 - LIQUIDATED DAMAGES I.14.1. Should the Contractor fail to perform his obligations under the Contract within the

time limits set by the Contract, then, without prejudice to the Contractor's actual or potential liability incurred in relation to the Contract or to the Institutions' right to terminate the Contract, the Institutions may decide to impose the following on the Contractor:

• non-payment of the service provided in the event of non-compliance with the maximum delivery deadline offered by the Contractor; duly noted by the Institutions;

• a compensation payment of EUR 50 per 24 hours in the event of a delay, duly noted, in the maximum delivery time requested by the Institutions (36 hours for EU and EFTA countries and a period of 60 or 84 hours for other destinations, depending on their distance from the consignment's starting point);

• a compensation payment of EUR 100 if the Contractor fails to send the original proof of delivery signed and dated by the addressee (item lost).

I.14.2. Penalties and/or damages shall be applicable merely by virtue of the Contractor not having complied with his contractual obligations. They shall be communicated to the Contractor by registered letter and shall be deducted automatically from any payment to be made to the Contractor, without prejudice to the right to take direct action if the amounts available are not sufficient.

I.14.3. The Institutions and the Contractor expressly acknowledge and agree that any sums payable under this Article are in the nature of liquidated damages and not penalties, and represent a reasonable estimate of fair compensation for the losses that may be anticipated from such failure to fulfil obligations.

Article I.15 - LANGUAGE OF THE CONTRACT I.15.1. In the event of a discrepancy between two language versions, the French version

shall take precedence. SIGNATURES For the Contractor, [company name/forename/surname/position] signature[s]: _______________________

For the Institutions [forename/surname/position] signature[s]: _____________________

Done at […………….], [date] Done at [……………….] [date] In duplicate in [English].


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ANNEX I A

II – GENERAL CONDITIONS APPLICABLE TO FRAMEWORK SERVICE CONTRACTS

ARTICLE II.1 – PERFORMANCE OF THE CONTRACT II.1.1 The Contractor shall perform the Contract according to the highest professional

standards. The Contractor shall have sole responsibility for complying with any legal obligations incumbent on him/her, notably those resulting from employment, tax and social legislation.

II.1.2 The Contractor shall have sole responsibility for taking the necessary steps to obtain any permit or licence required for performance of the Contract under the laws and regulations in force at the place where the tasks assigned to him/her are to be carried out.

II.1.3 Without prejudice to Article II.3 any reference made to the Contractor’s staff in the Contract shall relate exclusively to individuals involved in the performance of the Contract.

II.1.4 The Contractor must ensure that any member of staff performing the Contract have the professional qualifications and experience required for the execution of the tasks assigned to him/her.

II.1.5 The Contractor shall neither represent the Institutions nor behave in any way that would give such an impression. The Contractor shall inform third parties that he does not belong to the European civil service.

II.1.6 The Contractor shall have sole responsibility for the staff who perform the tasks assigned to him/her.

The Contractor shall make provision for the following employment or service relationships with his staff:

• staff carrying out the tasks assigned to the Contractor may not be given direct orders by the Institutions;

• the Institutions may not, under any circumstances, be considered to be the staff's employer and the said staff shall undertake not to invoke in respect of the Institutions any right arising from the contractual relationship between the Institutions and the Contractor.

II.1.7 In the event of disruption resulting from the action of a member of the Contractor’s staff working on the Institutions’ premises and/or in the event of the expertise of a member of the Contractor’s staff failing to correspond to the profile required by the Contract, the Contractor shall replace that individual without delay. The Institutions shall have the right to request the replacement of any such member of staff, stating their reasons for so doing. Replacement staff must have the necessary qualifications and be capable of performing the Contract under the same contractual conditions. The Contractor shall be responsible for any delay in the execution of the tasks assigned to him/her resulting from the replacement of staff.

II.1.8 Should any unforeseen event, action or omission directly or indirectly hamper execution of the tasks, either partially or totally, the Contractor shall immediately and on his own initiative record it and report it to the Institutions. The report shall include a description of the problem and an indication of the date on which it started and of the action taken by the Contractor to ensure full compliance with his


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obligations under the Contract. In such an event, the Contractor shall give priority to solving the problem rather than determining liability.

II.1.9 Should the Contractor fail to perform his obligations under the Contract, the Institutions may - without prejudice to its right to terminate the Contract - reduce or recover payments in proportion to the scale of the failure. In addition, the Institutions may claim compensation or impose liquidated damages provided for in Article II.12.

ARTICLE II.2 – LIABILITY II.2.1 The Institutions shall not be liable for damage sustained by the Contractor in

performance of the Contract except in the event of wilful misconduct or gross negligence on their part.

II.2.2 The Contractor shall be liable for any loss or damage sustained by the Institutions in performance of the Contract, including in the event of subcontracting under Article II.6, but only up to three times the total amount of the Contract. Nevertheless, if the damage or loss is caused by the gross negligence or wilful misconduct of the Contractor or by his employees, the Contractor shall remain liable without any limitation as to the amount of the damage or loss.

II.2.3 The Contractor shall be liable for compensation in the event of any action, claim or proceeding brought against the Institutions by a third party as a result of any damage caused by the Contractor in performance of the Contract.

II.2.4 In the event of any action brought by a third party against the Institutions in connection with performance of the Contract, the Contractor shall assist the Institutions. Expenditure incurred by the Contractor to this end may be borne by the Institutions.

II.2.5 The Contractor shall take out insurance against risks and damage relating to performance of the Contract if required by the relevant applicable legislation. He shall take out supplementary insurance in line with standard practice in the industry. A copy of all the relevant insurance contracts shall be sent to the Institutions should they so request.

ARTICLE II.3 - CONFLICT OF INTERESTS

II.3.1 The Contractor shall take all necessary measures to prevent any situation that could compromise the impartial and objective performance of the Contract. Such a conflict of interest might arise in particular as a result of economic interest, political or national affinity, family or emotional ties, or any other relevant connection or shared interest. Any conflict of interest which could arise during performance of the Contract must be notified to the Institutions in writing without delay. In the event of such conflict, the Contractor shall immediately take all necessary steps to resolve it.

The Institutions reserve the right to verify that such measures are adequate and may require additional measures to be taken, if necessary, within a time-limit which they shall set. The Contractor shall ensure that his staff, board and directors are not placed in a situation which could give rise to conflicts of interest. Without prejudice to Article II.1 the Contractor shall replace, immediately and without compensation from the Institutions, any member of his staff exposed to such a situation.

II.3.2 The Contractor shall abstain from any contact likely to compromise his independence.


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II.3.3 The Contractor declares:

• that he has not made and will not make any offer of any type whatsoever from which an unjustified advantage can be derived under the Contract;

• that he has not granted and will not grant, has not sought and will not seek, has not attempted and will not attempt to obtain, and has not accepted and will not accept, any advantage, financial or in kind, to or from any party whatsoever, where such advantage constitutes an illegal practice or involves corruption, either directly or indirectly, inasmuch as it is an incentive or reward relating to performance of the Contract.

II.3.4 The Contractor shall pass on all the relevant obligations in writing to his staff, management and board, as well as to third parties involved in performance of the Contract.

ARTICLE II.4 – CONFIDENTIALITY II.4.1. The Contractor undertakes to treat in the strictest confidence and not make use of

or divulge to third parties any information or documents which are linked to performance of the Contract. The Contractor shall continue to be bound by this undertaking after completion of the tasks.

II.4.2. The Contractor shall obtain from each member of his staff, board and directors an undertaking that they will respect the confidentiality of any information which is linked, directly or indirectly, to execution of the tasks and that they will not divulge to third parties or use for their own benefit or that of any third party any document or information not available publicly, even after completion of the tasks.

ARTICLE II.5 - DATA PROTECTION II.5.1 The Contractor shall have the right of access to his personal data and the right to

rectify any such data. Should the Contractor have any queries concerning the processing of his personal data, he shall address them to the entity acting as data controller provided for in Article I.8.

II.5.2 The Contractor shall have right of recourse at any time to the European Data Protection Supervisor.

II.5.3 Where the Contract requires the processing of personal data, the Contractor may act only under the supervision of the data controller, in particular with regard to the purposes of the processing, the categories of data which may be processed, the recipients of the data, and the means by which the data subject may exercise its rights.

II.5.4 The Contractor shall limit access to the data to the staff strictly necessary for the performance, management and monitoring of the Contract.

II.5.5 The Contractor undertakes to adopt appropriate technical and organisational security measures having regard to the risks inherent in the processing and to the nature of the personal data concerned in order to:

(a) prevent any unauthorised person from having access to computer systems processing personal data, and especially: aa) unauthorised reading, copying, alteration or removal of storage media; ab) unauthorised data input as well as any unauthorised disclosure, alteration or erasure of stored personal data;


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ac) unauthorised use of data-processing systems by means of data transmission facilities;

(b) ensure that authorised users of a data-processing system can access only personal data which their right of access allows them to consult;

(c) record which personal data has been communicated, at what times and to whom; (d) ensure that personal data being processed on behalf of third parties can be

processed only in the manner prescribed by the contracting institution or body; (e) ensure that, during communication of personal data and during transport of storage

media, the data cannot be read, copied or erased without authorisation; (f) design its organisational structure in such a way that it meets the requirements of

data protection. ARTICLE II.6 – SUBCONTRACTING II.6.1 The Contractor shall not subcontract without prior written authorisation from the

Institutions nor cause the Contract to be performed in fact by third parties.

II.6.2 Even where the Institutions authorise the Contractor to subcontract to third parties, he shall nonetheless remain bound by his obligations to the Institutions under the Contract and shall bear exclusive responsibility for its proper performance.

II.6.3 The Contractor shall make sure that the subcontract does not affect rights and guarantees to which the Institutions are entitled by virtue of the Contract, notably Article II.20.

ARTICLE II.7 – AMENDMENTS Any amendment to the Contract shall be the subject of a written agreement concluded by the contracting parties before fulfilment of all their contractual obligations. A verbal agreement shall not be binding on the contracting parties. An order form or a specific contract may not be deemed to constitute an amendment to the Contract.

ARTICLE II.8 – ASSIGNMENT II.8.1 The Contractor may not assign the rights and obligations arising from the

Contract, in whole or in part, without prior written authorisation from the Institutions.

II.8.2 In the absence of such authorisation or in the event of failure to observe the terms thereof, assignment by the Contractor shall not be enforceable against and shall have no effect on the Institutions.

ARTICLE II.9 - USE, DISTRIBUTION AND PUBLICATION OF INFORMATION ABOUT THE CONTRACT Not applicable to this Contract

ARTICLE II.10 – OWNERSHIP OF THE RESULTS - INTELLECTUAL AND INDUSTRIAL PROPERTY

Not applicable to this Contract ARTICLE II. 11 – FORCE MAJEURE II.11.1 Force majeure shall mean any unforeseeable and exceptional situation or event

beyond the control of the contracting parties which prevents either of them from


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performing any of their obligations under the Contract, was not due to error or negligence on their part or on the part of a subcontractor and could not have been avoided by the exercise of due diligence. Defects in equipment or material or delays in making it available, labour disputes, strikes or financial problems may not be invoked as force majeure unless they stem directly from a relevant case of force majeure.

II.11.2 Without prejudice to the provisions of Article II.1.8, if either contracting party is faced with force majeure, it shall notify the other party without delay by registered letter with acknowledgement of receipt or by an equivalent means, stating the nature, likely duration and foreseeable effects.

II.11.3 Neither contracting party shall be held in breach of its contractual obligations if it has been prevented from performing them by force majeure. Where the Contractor is unable to perform his contractual obligations owing to force majeure, he shall have the right to remuneration only for tasks actually executed.

II.11.4 The contracting parties shall take the necessary measures to reduce damage to a minimum.

ARTICLE II.12 – LIQUIDATED DAMAGES Should the Contractor fail to perform his obligations under the Contract within the time limits set by the Contract, then, without prejudice to the Contractor's actual or potential liability incurred in relation to the Contract or to the Institutions' right to terminate the Contract, the Institutions may decide to impose liquidated damages per calendar day of delay according to the following formula: 0.3 x (V/d)

V is the price of the relevant purchase; d is the duration specified in the relevant order form or specific contract expressed in days.

The Contractor may submit arguments against this decision within thirty days of notification by registered letter with acknowledgement of receipt or equivalent. In the absence of reaction on his/its part or of written withdrawal by the Institutions within thirty days of the receipt of such arguments, the decision imposing the liquidated damages shall become enforceable. Liquidated damages shall not be imposed where there is provision for interest for late completion. The Institutions and the Contractor expressly acknowledge and agree that any sums payable under this article are in the nature of liquidated damages and not penalties, and represent a reasonable estimate of fair compensation for the losses that may be reasonably anticipated from such failure to perform obligations.


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ARTICLE II.13 – SUSPENSION OF THE CONTRACT Without prejudice to the Institutions' right to terminate the Contract, where the Contract is subject to substantial error, irregularity or fraud the Institutions may suspend execution of the Contract, pending order forms or specific contracts or any part thereof. Suspension shall take effect on the day the Contractor receives notification by registered letter with acknowledgement of receipt or equivalent, or at a later date where the notification so provides. The Institutions shall, as soon as possible, give notice to the Contractor to resume the service suspended or inform that they are proceeding with contract termination. The Contractor shall not be entitled to claim compensation on account of suspension of the Contract, of the order forms or specific contracts, or of part thereof. ARTICLE II.14 – TERMINATION BY THE INSTITUTIONS II.14.1 The Institutions may terminate the Contract, a pending order form or a specific

contract in the following circumstances:

(a) where the Contractor is being wound up, is having his affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

(b) where the Contractor has failed to fulfil 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 he is established or with those of the country applicable to the Contract or those of the country where the Contract is to be performed;

(c) where the Institutions have evidence or seriously suspect the Contractor or any related entity or person of professional misconduct;

(d) where the Institutions have evidence or strongly suspect the Contractor or any related entity or person, of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;

(e) where the Institutions have evidence or seriously suspect the Contractor or any related entity or person of substantial errors, irregularities or fraud in the award procedure or the performance of the Contract;

(f) where the Contractor is in breach of his obligations under Article II.3;

(g) where the Contractor was guilty of misrepresentation in supplying the information required by the Institutions as a condition of participation in the Contract procedure or failed to supply this information;

(h) where a change in the Contractor’s legal, financial, technical or organisational situation could, in the Institutions' opinion, have a significant effect on the performance of the Contract;

(i) where execution of the tasks under a pending order form or a specific contract has not actually commenced within fifteen days of the date foreseen, and the new date proposed, if any, is considered unacceptable by the Institutions;

(j) where the Contractor is unable, through his own fault, to obtain any permit or licence required for performance of the Contract;

(k) where the Contractor, after receiving formal notice in writing to comply, specifying the nature of the alleged failure, and after being given the opportunity


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to remedy the failure within a reasonable period following receipt of the formal notice, remains in serious breach of his contractual obligations.

(l) when, due to the termination of the Contract with one or more of the Contractors, there is no minimum required competition within the multiple framework contract for reopening the competition.

II.14.2 In the event of force majeure, notified in accordance with Article II.11, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.

II.14.3 Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations.

Termination shall take effect on the date on which a registered letter with acknowledgment of receipt terminating the Contract is received by the Contractor, or on any other date indicated in the letter of termination.

II.14.4 Consequences of termination In the event of the Institutions terminating the Contract or a pending order form or specific contract in accordance with this article and without prejudice to any other measures provided for in the Contract, the Contractor shall waive any claim for consequential damages, including any loss of anticipated profits for uncompleted service. On receipt of the letter terminating the Contract, the Contractor shall take all appropriate measures to minimise costs, prevent damage, and cancel or reduce his commitments. He shall draw up the documents required by the Special Terms and Conditions for the tasks executed up to the date on which termination takes effect, within a period not exceeding sixty days from that date.

The Institutions may claim compensation for any damage suffered and recover any sums paid to the Contractor under the Contract.

On termination the Institutions may engage any other contractor to complete the work. The Commission shall be entitled to claim from the Contractor all extra costs incurred in doing so, without prejudice to any other rights or guarantees enforceable under the Contract. ARTICLE II.14a – SUBSTANTIAL ERRORS, IRREGULARITIES AND FRAUD

ATTRIBUTABLE TO THE CONTRACTOR If, after the Contract has been awarded, there are found to be substantial errors, irregularities or fraud in the award procedure or the performance of the Contract, and if these errors, irregularities or fraud are attributable to the Contractor, the Institutions may refuse to make the payment, recover the amounts already paid or terminate all the Contracts concluded with the Contractor, in proportion to the gravity of the errors, irregularities or fraud in question.

ARTICLE II. 15 – INVOICING AND PAYMENTS

II.15.1 Pre-financing guarantee

Not applicable to this Contract

II.15.2 Interim payments and payment of the balance Payments shall be executed only if the Contractor has fulfilled all his contractual obligations by the date on which the invoice is submitted.


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At the end of each of the periods indicated in Article I.4.2 of the special conditions, the Contractor shall submit an invoice to the Institutions accompanied by the documents provided for in the special conditions.

No application for this contract

If providing a progress report is a condition for payment, on receipt the Institutions shall have the period of time indicated in the Special Terms and Conditions in which:

• to approve it, with or without comments or reservations, or suspend such period and request additional information; or

• to reject it and request a new progress report. Approval of the progress report shall not imply recognition of the regularity or of the authenticity, completeness and correctness of the declarations and information contained therein.

Where the Commission requests a new progress report because the one previously submitted has been rejected, this shall be submitted within the period of time indicated in the Special Terms and Conditions. The new progress report shall likewise be subject to the above provisions.

II.15.3. Payment currency and costs Payments shall be made in the currency of the Contract.

The costs of the transfer shall be borne as follows:

• costs of dispatch charged by the banks of the Institutions shall be borne by the Institutions;

• costs of receipt charged by the bank of the Contractor shall be borne by the Contractor;

• all costs of repeated transfer caused by one of the parties shall be borne by the party which caused repetition of the transfer.

ARTICLE II.16 – GENERAL PROVISIONS CONCERNING PAYMENTS II.16.1 Payments shall be deemed to have been made on the date on which the

Institutions’ account is debited.

II.16.2 The payment periods referred to in Article I.4 may be suspended by the Institutions at any time if they inform the Contractor that his invoice is not admissible, either because the amount is not due or because the necessary supporting documents have not been properly produced. The Institutions may proceed with further verification, including an on-the-spot check, in order to ascertain, prior to payment, whether the invoice is admissible.

The Institutions shall notify the Contractor accordingly and set out the reasons for the suspension by registered letter with acknowledgment of receipt or equivalent. Suspension shall take effect from the date of dispatch of the letter. The remainder of the period referred to in Article I.4 shall begin to run again once the suspension has been lifted.

II.16.3 In the event of late payment the Contractor shall be entitled to interest, provided the calculated interest exceeds EUR 200. If the interest does not exceed EUR 200, the Contractor may claim interest within two months of receiving the payment. Interest shall be calculated at the rate applied by the European Central Bank to its main refinancing operations (‘the reference rate’) plus seven percentage points (‘the margin’). The reference rate in force on the first day of the month in which


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the payment is due shall apply. This interest rate is published in the C series of the Official Journal of the European Union. Interest shall be payable for the period elapsing from the calendar day following expiry of the time limit for payment up to the day of payment. Suspension of payment by the Institutions may not be deemed to constitute late payment.

ARTICLE II.17 – TAXATION II.17.1 The Contractor shall have sole responsibility for compliance with the tax laws

which apply to him/her. Failure to comply shall render the relevant invoices invalid.

II.17.2 The Contractor recognises that the Institutions are, as a rule, exempt from all taxes and duties, including value added tax (VAT), pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Union.

II.17.3 The Contractor shall accordingly complete the necessary formalities with the relevant authorities to ensure that the goods and services required for performance of the Contract are exempt from taxes and duties, including VAT.

II.17.4 Invoices presented by the Contractor shall indicate his place of taxation for VAT purposes and shall specify separately the amounts not including VAT and the amounts including VAT.

ARTICLE II.18 – REIMBURSEMENTS

Not applicable to this Contract ARTICLE II.19 – RECOVERY II.19.1 If total payments made exceed the amount actually due or if recovery is justified

in accordance with the terms of the Contract, the Contractor shall reimburse the appropriate amount in euro on receipt of the debit note, in the manner and within the time limits set by the Institutions.

II.19.2 In the event of failure to pay by the deadline specified in the debit note, the sum due shall bear interest at the rate indicated in Article II.16.3. Interest shall be payable from the calendar day following the due date up to the calendar day on which the debt is repaid in full.

II.19.3 The Institutions may, after informing the Contractor, recover amounts established as certain, of a fixed amount and due by offsetting, in cases where the Contractor also has a claim on the Union or the European Atomic Energy Community that is certain, of a fixed amount and due. The Institutions may also claim against the guarantee, where provided for.

ARTICLE II.20 – CHECKS AND AUDITS II.20.1 Pursuant to Article 142 of the Financial Regulation applicable to the general

budget of the European Communities, the Court of Auditors shall be empowered to audit the documents held by the natural or legal persons receiving payments from the budget of the EU from signature of the Contract up to five years after payment of the balance of the last implementation.

II.20.2 The Institutions or an outside body of their choice shall have the same rights as the Court of Auditors for the purpose of checks and audits limited to compliance


20

with contractual obligations, from the signature of the Contract up to five years after payment of the balance of the last implementation.

II.20.3 In addition, the European Anti-Fraud Office may carry out on-the-spot checks and inspections in accordance with Council Regulation (Euratom, EC) No 2185/96 and Parliament and Council Regulation (EC) No 1073/1999 from signature of the Contract up to five years after payment of the balance of the last implementation.


21

ANNEX I B

Name and logo of the Institution FRAMEWORK CONTRACT

concerned

MODEL ORDER FORM

Order number: (Name and address of supplier)

DG and administrative unit: Currency of payment: EUR Date and reference of the tender: Tel: Email: This order is governed by the provisions of Framework Contract No __________ in force from __________ to ___________

DESCRIPTION OF GOODS / SERVICES UNITS QUANTITY PRICE in EUR

and code UNIT

PRICE TOTAL

Packaging Insurance Transport Assembly VAT

Pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Union, the Commission is exempt from all taxes and dues, including value added tax (VAT), on payments due in respect of this Contract. For intra-community purchases, the wording 'VAT Exemption / European Union / Article 151 of Council Directive 2006/112/EC' should be included on the invoice. [For Contractors established in Belgium, the order forms shall include the following provision: “En Belgique, l’utilisation de ce bon de commande vaut présentation d’une demande d’exemption de la TVA n° 450 (circulaire 2/1978)” or an equivalent statement in Dutch or German. The Contractor shall include the following statement in his invoice(s): “Exonération de la TVA, article 42, paragraphe 3.3 du code de la TVA (circulaire 2/1978)” or an equivalent statement in Dutch or German.] TOTAL : Place of delivery or implementation and/or Incoterm: Contractor's signature

Name: Final date of delivery or implementation: Position: Terms of payment: Date:

Guarantee: Date of issue: Signature [name and position]:


22

ANNEX I-C

MODEL SPECIFIC CONTRACT No - [fill in]

implementing Framework Contract No … The European Union (hereinafter referred to as ‘the Union’), represented by the European Commission (hereinafter referred to as ‘the Commission’), which is represented for the purposes of the signature of this contract by [name in full, function, department], of the one part, and [official name in full] [official legal form] [statutory registration number] [official address in full] [VAT registration number] (hereinafter referred to as "the Contractor"), [represented for the purposes of the signature of this contract by [forename, surname and function,]] [The parties identified above and hereinafter collectively referred to as "the Contractor" shall be jointly and severally liable vis-à-vis the Commission for the performance of this contract] of the other part,

HAVE AGREED ARTICLE III.1: SUBJECT III.1.1 This specific contract implements Framework Contract No 04/2012/OIL/lot

1/[sublot 1 or sublot 2] signed by the Commission and the Contractor on [complete date] [and renewed on [complete date]].

III.1.2 The subject of this specific contract is [short description of subject]. [This specific contract relates to lot 1, sublot …. of the Framework Contract.]

III.1.3 The Contractor undertakes, on the terms set out in the Framework Contract and in this specific contract and the annex[es] thereto, which form an integral part thereof, to perform the following tasks [:] [specified in Annex [complete].]


23

ARTICLE III.2: DURATION III.2.1 This specific contract shall enter into force [on the date on which it is signed by the

last contracting party]…[on [date] if it has already been signed by both contracting parties].

III.2.2 The duration of the tasks shall not exceed [complete] [days/months]. This period and all other periods specified in the Contract are calculated in calendar days. Execution of the tasks shall start from [date of entry into force of this specific contract] [indicate date]. The period of performance of the work may be extended only with the express written agreement of the parties before expiry of the deadline.

ARTICLE III.3: PRICES III.3.1 The total amount to be paid by the Commission under this specific contract shall

be EUR [amount in figures and in words] covering all tasks executed.

This price also covers any fees payable to the Contractor in relation to the vesting of rights in the EU and where applicable the transfer of rights to the EU and any use of the results by the Commission.

III.3.2 In addition to the price [no reimbursable costs are foreseen] [costs up the an amount of EUR [amount in figures and in words] will be reimbursed according to the provisions of the Framework Contract].

*** [For Contractors established in Belgium, the provisions of this specific contract constitute a request for VAT exemption No 450, provided that the Contractor includes the following statement in its invoice(s): ‘Exonération de la TVA, article 42, paragraphe 3.3 du code de la TVA (circulaire 2/1978)’ or an equivalent statement in Dutch or German].

ARTICLE III.4: PERFORMANCE GUARANTEE [Not applicable] ARTICLE III.5: USE OF THE RESULTS [Not applicable] Annexes SIGNATURES For the Contractor, [Company name/forename/surname/function] signature[s]: _______________________

For [awarding authority concerned], [forename/surname/position] signature[s]: _____________________

Done at ……………………, [date] Done at …………………….., [date] In duplicate in [English].



ANNEX II.A.1 TO THE DRAFT FRAMEWORK CONTRACT

PRICE FORM (must be completed by the Tenderer)

and

PRICE SCHEDULE (must be joined by the Tenderer)

for sublot 1

Express courier delivery from and to buildings in Luxembourg of the Commission, Court of Justice of the European Communities, European Court of

Auditors, Office for Official Publications of the European Communities, Translation Centre for the Bodies of the European Union and

European Schools I and II.

AO 04/2012/OIL/lot 1/sublot 1 Annex II.A.1 to the framework contract

PRICE FORM - PRICE SCHEDULE sublot 1

(must be completed) Express courier delivery from and to buildings in Luxembourg of the Commission, Court of Justice of the European Communities, European Court of Auditors, Office for Official Publications of the

European Union, Translation Centre for the Bodies of the European Union and European Schools I and II.

TENDERER

Company name:

E-mail address

Internet tracking:

Full address: Telephone Fax:

Attached proposed price schedule by the tenderer, including:

• a group of destination countries which they consider to be best adapted to this market for efficient management of consignments and their respective delivery deadlines;

• a 'standard' rate for delivery of consignments within a maximum of 36 hours for EU and EFTA countries, and a deadline from a maximum of 60 hours to a maximum of 84 hours for other countries, depending on their distance from the consignment's starting point. For difficult-to-reach destinations (far away from a capital city or an airport, or for locations in EU/EFTA countries situated more than 2000 km from the starting point) an additional 24-hour period shall be accepted;

• Rates for any other service that the tenderer may offer customers (urgent deliveries, import services, etc.) and which could be adapted, on an individual basis, to the requirements of the Institutions concerned.

The rates in the price schedule express the cost of delivery by weight (up to 0.5 kg and per additional 0.5 kg or part thereof) and shall include a list of the countries covered and the time, in hours, required to deliver consignments.

The proposed price schedule must not include any other supplement (such as a "fuel surcharge", handling etc.) and prices must be calculated exclusive of taxes;

Only supplements associated with customs fees, where applicable, will be paid by the Institutions concerned.

Amounts must be indicated in euros. They must be quoted to two decimal places.

price schedule attached yes Date Stamp and signature of company



ANNEX II.B.1 TO THE DRAFT FRAMEWORK CONTRACT

TECHNICAL SPECIFICATIONS

for sublot 1

Express courier delivery from and to buildings in Luxembourg of the Commission, Court of Justice of the European Communities, European Court of

Auditors, Office for Official Publications of the European Communities, Translation Centre for the Bodies of the European Union and

European Schools I and II.

Technical specifications Annexe II.B.1 to framework contract No 04/2012/OIL/lot 1

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Express courier delivery from and to buildings in Luxembourg of the Commission, Court of

Justice of the European Communities, European Court of Auditors, Office for Official Publications of the European Communities, Translation Centre for the Bodies of the European

Union and European Schools I and II.

1. Staff authorised to place orders The Institutions shall designate contacts from their staff, known as "contact points", who are the sole persons authorised to place orders with the Contractor. This list shall be forwarded to the Contractor in good time and may be subject to changes.

2. List of documents to be provided

For the EUROPEAN COMMISSION Jean Monnet building daily collections rue Albert Wehrer, L-2920 Luxembourg-Kirchberg

Joseph Bech building daily collections rue Albert Wehrer, L-2721 Luxembourg-Kirchberg

Drosbach building collections on request 12, rue Guillaume Kroll, L-1882 Luxembourg-Gasperich

EUFO I + II buildings daily collections 10, rue Robert Stümper, L-2557 Luxembourg-Gasperich

HITEC building collections on request 11, rue E. Ruppert, L-2557 Luxembourg-Gasperich

For the OFFICE FOR OFFICIAL PUBLICATIONS OF THE EUROPEAN UNION: Mercier Building daily collections 2, rue Mercier, L-2985 Luxembourg

Fischer Building daily collections 135, Adolphe Fischer, L-1521 Luxembourg-Gare

Gasperich Building collections on request 3, rue Emile Bian, L-1235 Luxembourg Gasperich

For the COURT OF JUSTICE ERASMUS building daily collections Bv. Konrad Adenauer, L-2925 Luxembourg Kirchberg

For the COURT OF AUDITORS


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K1 Building collections on request 12, rue Alcide De Gasperi, L1615- Luxembourg-Kirchberg

For the TRANSLATION CENTRE Nouvel Hémicycle collections on request 1, rue du Fort Thüngen, L-1499 Luxembourg-Kirchberg Euroforum building collections on request 10, rue Robert Stümper, L-2557 L-Luxembourg-Gasperich

For the EUROPEAN SCHOOL I 23, Bld. Konrad Adenauer collections on request L-1115 Luxembourg- Kirchberg

For the EUROPEAN SCHOOL II 6, rue Gaston Thorn collections on request L-8268 Bertrange

This list may change during the period of the performance of the Contract. Any changes will not affect the conditions of the Contract.

3. List of countries to be served A list of countries to be served is attached in Annex II.C. The Contractor shall undertake to serve a minimum of 80% of the destinations within the required deadlines. Countries marked with an asterisk must appear in the list of countries served.

4. Liability The Contractor shall be liable for the consignments from their collection to their delivery to the addressee.

5. Contact points • For the Institutions Only officials and other operators duly authorised by the Institutions shall be permitted to use the Contract and place orders with the Contractor.

The Contractor shall be responsible for checking that the officials or other operators placing orders are duly authorised to do so. Orders entered in the digital database must be protected by a confidential password. The Institutions will not be liable for any dispatch services ordered by non-authorised persons.


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• For the Contractor The Contractor shall designate in his bid a contact person with whom the correspondents will deal with regard to any information on consignments. Any change or replacement must be notified to the Institutions.

6. Times Daily collections: The Contractor shall collect the consignments between 17.00 and 19.00 from Monday to Friday.

Collections on request: The Contractor's representative will be informed by telephone up to 17.30 for collections on request to be made the same day.

The list of the Institutions' working days shall be sent to the Contractor in good time.

Collections and deliveries must be carried out on 26, 27, 28, 29 and 30 December, unless these dates fall on a Saturday or Sunday.

7. Placing orders and tracking consignments Placing orders

The Institutions' correspondents shall draw up

• their orders for courier services using software supplied by the Contractor or a collection note. The Contractor shall collect the consignments from the Institutions' buildings;

• their orders for supplies supplied by the Contractor (envelopes and boxes) with a view to packaging the consignments.

Tracking of consignments

The Contractor shall transport the consignments and deliver them to the addressee who shall sign for their receipt.

In some cases, at the prior request of the Institutions, the Contractor shall forward the original proof of receipt of the consignment by the addressee (individual acknowledgement of receipt dated and signed by the addressee).

Where:

• the addressee is a natural person, the acknowledgement of receipt must be signed either by this person or by another person duly appointed by him/her;

• the addressee is a legal entity, the acknowledgement of receipt must be signed by a member of this entity authorised to receive consignments addressed to the entity.

In any event, in addition to the description of the consignment concerned according to the indications of the Institutions' correspondent, the acknowledgement of receipt must clearly show the name and signature of the person who received the consignment, as well as the time and date of receipt.


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In addition to cases in which the Institutions have made a prior request to the Contractor to submit the acknowledgement of receipt dated and signed by the addressee, the acknowledgement of receipt with the signature of the person who received it, or any other document proving that the consignment was delivered, may be requested at the Institutions' discretion and at no extra charge to the Institutions. The Contractor shall retain these document for a period of at least 60 days following the date of delivery of the consignment to the addressee in order to guarantee that they can be forwarded to the Institutions, if requested.

8. Delivery Drawing-up of consignment documents: The Contractor shall draw up, if necessary, any document (other than the dispatch note) indispensable to the successful routing of consignments. Delivery period: The delivery period begins to run from the time and on the day that the consignment is collected by the Contractor. Failure to comply with delivery deadlines: In the event that the maximum delivery period as proposed by the Contractor in Annex II.A.1 "Price form – price schedule", duly recorded by the Institutions, is not met, the corresponding invoice for this consignment may not be payable and penalties may be imposed (see Article I.14 "Liquidated damages" of the framework contract). The Contractor shall immediately inform the Institutions of any problem which could hamper proper performance of the services, including any ban on delivery to a specific country (for political or other reasons).

9. Reliable and detailed tracking of each consignment (tracking) The Contractor shall provide reliable and detailed tracking for each consignment via his website, even under exceptional circumstances (closure of airports, strikes etc.). Each consignment, with the details of each stage, may be monitored via the Contractor's website, as listed in Annex II.A.1- "Price form – price schedule" to the Contract. In the event that the Contractor finds it impossible to deliver the consignment, he/she/it must undertake to formally redeliver the consignment within a maximum period of 24 hours, and to notify the Institutions' correspondent responsible for the consignment as soon as possible. If, on the second attempt, the Contractor encounters similar constraints, he/she/it must notify the addressee via a document left at the address at which the consignment will be available and the period of time during which the consignment can be accessed. Once this deadline has passed, the Contractor shall notify the Institutions' correspondent who will give instructions on how to proceed with the consignment on a case-by-case basis (return it to the correspondent, sender, destruction, etc.).


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10. Invoicing/Calculations In the event that a consignment is to be sent to a country not included in the Price schedule attached in Annex II.A.1. to the Contract, it will be invoiced at the same price as a delivery to the same geographical region of which it logically forms a part, to be agreed between the Contractor and the Institutions before dispatch

Additional costs incurred by the instructions given by the Institutions to the Contractor where the latter is prevented from delivering the consignment to the addressee after two attempts shall be invoiced by the Contractor to the Institutions. The Contractor shall attach all documents providing proof that this is the case.

The costs incurred by returning the consignments authorised by the Institutions' correspondent will be invoiced at the same tariff as the shipping costs.

Before delivery, the Contractor shall ensure that the relevant destination is within the zone covered by his services. If this is not the case, he shall immediately return the consignment to the sender free of charge.

11. Environmental Protection The Contractor undertakes to comply with the current legislation concerning the

environment within the context of the Contract. In this regard, it should be noted that the Institutions support the use of the environmental management system EMAS (Eco-Management and Audit Scheme – a system for environmental management in the workplace; it includes tools for evaluating, reporting and improving environmental performance).



ANNEX II.A.2 TO THE DRAFT FRAMEWORK CONTRACT

PRICE FORM (must be completed by the Tenderer)

and

PRICE SCHEDULE (must be joined by the Tenderer)

for sublot 2

Express courier transport from and to buildings of the European Parliament in Brussels, Luxembourg and Strasbourg and from and to buildings of the European Ombudsman in Strasbourg and Brussels.

AO 04/2012/OIL/lot 1/sublot2 Annex II.A.2 to the framework contract

PRICE FORM - PRICE SCHEDULE sublot 2 (must be completed)

Express courier transport from and to buildings of the European Parliament in Brussels, Luxembourg and Strasbourg and from and from and to buildings of the European Ombudsman in


TENDERER

Company name:

E-mail address

Internet tracking:

Full address: Telephone Fax:

Attached proposed price schedule by the tenderer, including:

• a group of destination countries which they consider to be best adapted to this market for efficient management of consignments and their respective delivery deadlines;

• a 'standard' rate for delivery of consignments within a maximum of 36 hours for EU and EFTA countries and a deadline from a maximum of 60 hours to a maximum of 84 hours for other countries, depending on their distance from the consignment's starting point. For difficult-to-reach destinations (far away from a capital city or an airport or for locations in EU/EFTA countries situated more than 2000 km from the starting point) an additional 24-hour period shall be accepted;

• Rates for any other services that the tenderer may offer customers (urgent deliveries, import services, etc.) and which could be adapted, on an individual basis, to the requirements of the Institutions concerned.

The "standard" rates in the price schedule shall express the cost of delivery by weight (up to 0.5 kg and per additional 0.5 kg or part thereof) and shall include a list of the countries covered and the time, in hours, required to deliver consignments.

The proposed price schedule must not include any other supplement (such as a "fuel surcharge", handling etc.) and prices must be calculated exclusive of taxes;

Only supplements associated with customs fees, where applicable, will be paid by the Institutions concerned.

Amounts must be indicated in euros. They must be quoted to two decimal places.

price schedule attached yes

Date Stamp and signature of company



ANNEX II.B.2 TO THE DRAFT FRAMEWORK CONTRACT


for sublot 2

Express courier transport from and to buildings of the European Parliament in Brussels, Luxembourg and Strasbourg and from and to buildings of the European Ombudsman in Strasbourg and Brussels.

Technical specifications Annex II.B.2 to framework contract 04/2012/OIL/lot 1

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TECHNICAL SPECIFICATIONS Express courier transport from and to buildings of the European Parliament in Brussels, Luxembourg and Strasbourg and from and to buildings of the European Ombudsman in


11.. Staff authorised to place orders The Institutions shall designate contacts from their staff, known as "contact points", who are the sole persons authorised to place orders with the Contractor. This list shall be forwarded to the Contractor in good time and may be subject to changes.

22.. List of sites to be covered:

For the European Parliament Alfiero Spinelli Building collections on request 60, rue Wiertz B-1047 BRUSSELS

Konrad Adenauer Building Plateau de Kirchberg collections on request L-2929 LUXEMBOURG

Winston Churchill Building 1, av. du Président R. Schuman collections on request F-67070 STRASBOURG

For the European Ombudsman

Winston Churchill Building 1, av. du Président R. Schuman collections on request F-67070 STRASBOURG

Alfiero Spinelli Building collections on request 60, rue Wiertz B-1047 BRUSSELS

This list may change during the period of the performance of the contract. Any changes will not affect the conditions of the contract.

33.. List of countries to be served A list of countries to be served is attached in Annex II.C. The Contractor shall undertake to serve a minimum of 80% of the destinations within the required deadlines. Countries marked with an asterisk must appear in the list of countries served.


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44.. Liability

The Contractor shall be liable for the shipments from their collection to their delivery to the addressee.

55.. Contact points • For the Institutions Only officials and other operators duly authorised by the Institutions will be permitted to use the contract and place orders with the Contractor.

The Contractor shall be responsible for checking that the officials or other operators placing orders are duly authorised to do so. Orders entered in the digital database must be protected by a confidential password. The Institutions will not be liable for any dispatch services ordered by non-authorised persons. • For the Contractor The Contractor shall designate in his/her bid a contact person with whom the correspondents will deal with regard to any information on consignments. Any change or replacement must be notified to the Institutions.

66.. Times Daily collections: The Contractor shall collect the consignments between 17.00 and 19.00 from Monday to Friday.

Collections on request: The Contractor's representative will be informed by telephone up to 17.30 for collections on request to be made the same day.

The list of the Institutions' working days shall be sent to the Contractor in good time.

Collections and deliveries must be carried out on 26, 27, 28, 29 and 30 December, unless these dates fall on a Saturday or Sunday.

77.. Placing orders and tracking consignments Placing orders

The Institutions' correspondents are to draw up

• their orders for courier services using software supplied by the Contractor or the collection note. The Contractor shall collect the consignments from the Institutions' buildings;

• their orders for supplies supplied by the Contractor (envelopes and boxes) with a view to packaging the consignments.

Tracking of consignments

The Contractor shall transport the consignments and deliver them to the addressee who shall sign for their receipt.


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In some cases, at the prior request of the Institutions, the Contractor shall forward the original proof of receipt of the consignment by the addressee (individual acknowledgement of receipt dated and signed by the addressee).

Where:

• the addressee is a natural person, the acknowledgement of receipt must be signed either by this person or by another person duly appointed by him/her;

• the addressee is a legal entity, the acknowledgement of receipt must be signed by a member of this entity authorised to receive consignments addressed to the entity.

In any event, in addition to the description of the consignment concerned according to the indications of the Institutions' correspondent, the acknowledgement of receipt must clearly show the name and signature of the person who received the consignment, as well as the time and date of receipt. In addition to cases in which the Institutions have made a prior request to the Contractor to submit the acknowledgement of receipt dated and signed by the addressee, the acknowledgement of receipt with the signature of the person who received it, or any other document proving that the consignment was delivered, may be requested at the Institutions' discretion and at no extra charge to the Institutions. The Contractor shall retain these document for a period of at least 60 days following the date of delivery of the consignment to the addressee in order to guarantee that they can be forwarded to the Institutions, if requested.

88.. Delivery Drawing-up of consignment documents: The Contractor shall draw up, if necessary, any document (other than the dispatch note) indispensable to the successful routing of consignments. Delivery period: The delivery period begins to run from the time and on the day that the consignment is collected by the Contractor. Failure to comply with delivery deadlines: In the event that the maximum delivery period as proposed by the Contractor in Annex II.A.2 "Price form – price schedule", duly recorded by the Institutions, is not met, the corresponding invoice for this consignment may not be payable and penalties may be imposed (see Article I.14 "Liquidated damages" of the framework contract). The Contractor shall immediately inform the Institutions of any problem which could hamper proper performance of the services, including any ban on delivery to a specific country (for political or other reasons).

99.. Reliable and detailed tracking of each consignment The Contractor shall provide reliable and detailed tracking for each consignment via his website, even under exceptional circumstances (closure of airports, strikes etc.). The route of each consignment , with the details of each stage, may be monitored via the Contractor's website, as referred to in Annex II.A.2 – "Price form – price schedule" to the Contract.


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In the event that the Contractor finds it impossible to deliver the consignment, he must undertake to formally redeliver the consignment within a maximum period of 24 hours, and to notify the Institutions' correspondent responsible for the consignment as soon as possible. If, on the second attempt, the Contractor encounters similar constraints, he/she/it must notify the addressee via a document left at the address at which the consignment will be available and the period of time during which the consignment can be accessed. Once this deadline has passed, the Contractor shall notify the Institutions' correspondent who will give instructions on how to proceed with the consignment on a case-by-case basis (return it to the correspondent, return to sender, destruction, etc.).

1100.. Invoicing/calculation In the event that a consignment is to be sent to a country not included in the price schedule attached to the Price schedule in Annex II.A.2 to the Contract, it will be invoiced at the same price as a delivery to the same geographical region of which it logically forms a part, to be agreed between the Contractor and the Institutions before dispatch.

Additional costs incurred by the instructions given by the Institutions to the Contractor where the latter is prevented from delivering the consignment to the addressee after two attempts shall be invoiced by the Contractor to the Institutions. The Contractor shall attach all documents providing proof that this is the case.

The costs incurred by returning the consignments authorised by the Institutions' correspondent will be invoiced at the same tariff as the shipping costs.

Before delivery, the Contractor shall ensure that the relevant destination is within the zone covered by his services. If this is not the case, he shall immediately return the consignment to the sender free of charge.

1111.. Additional provision Owing to the European elections which are due to take place in June 2014, the Contractor may be called upon to handle an additional volume of approximately 800 consignments within a short period (a few days). The European Parliament shall give reasonable notice to the Contractor in order that the necessary staff can be mobilised.

12. Environmental Protection

The Contractor undertakes to comply with the current legislation concerning the environment within the context of the Contract. In this regard, it should be noted that the Institutions support the use of the environmental management system EMAS (Eco-Management and Audit Scheme). EMAS is an environmental management standard used for evaluating, reporting and improving environmental performance in relation to activities, products and services.



ANNEX II.C TO THE DRAFT FRAMEWORK CONTRACT

List of countries to be covered (non-exhaustive)

for sublot 1 and sublot 2

Invitation to Tender No 04/2012/OIL Annex II.C to the draft framework contract


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List of countries to be covered (non-exhaustive) Tenderers must include in their price schedules all the countries marked with an asterisk and must

cover a minimum of 80% of the countries listed, failing which the tender will be rejected.

1. Afghanistan 2. Albania* 3. Algeria* 4. Andorra 5. Angola 6. Argentina* 7. Armenia 8. Australia * 9. Austria* 10. Azerbaijan 11. Bahamas 12. Bahrain 13. Bangladesh 14. Barbados 15. Belarus* 16. Belgium* 17. Belize 18. Benin 19. Bermuda 20. Bhutan 21. Bolivia 22. Bonaire 23. Bosnia-Herzegovina* 24. Botswana 25. Brazil* 26. Brunei 27. Bulgaria* 28. Burkina Faso 29. Burma 30. Burundi 31. Cambodia 32. Cameroon 33. Canada* 34. Canary Isle* 35. Cap Verde 36. Cayman Islands 37. Central African Republic 38. Chad 39. Chile* 40. China* 41. Colombia 42. Comoros 43. Congo, Republic of the 44. Congo, Democratic republic of 45. Costa Rica 46. Cote d'Ivoire 47. Croatia* 48. Cuba

49. Cyprus* 50. Czech Republic* 51. Denmark* 52. Djibouti 53. Dominican Republic 54. East Timor 55. Ecuador 56. Egypt* 57. El Salvador 58. Eritrea 59. Estonia* 60. Ethiopia 61. Fiji 62. Finland* 63. Fyrom (Former Yugoslav Republic of Macedonia)* 64. France* 65. France Polynesia (DOM-ROM)*1 66. Gabon 67. Gambia 68. Georgia* 69. Germany* 70. Ghana 71. Gibraltar 72. Greece* 73. Greenland 74. Grenada 75. Guadeloupe (DOM-ROM)* 76. Guatemala 77. Guinea Republique 78. Guyana (DOM-ROM)* 79. Guinea Bissau 80. Haiti 81. Honduras 82. Hong Kong 83. Hungary* 84. Iceland* 85. India* 86. Indonesia* 87. Iran 88. Iraq 89. Ireland* 90. Israel* 91. Italy* 92. Jamaica 93. Japan* 94. Jordan

1 DOM-ROM = départements et régions outre-mer françaises

Invitation to Tender No 04/2012/OIL Annex II.C to the draft framework contract


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95. Kazakhstan 96. Kenya 97. Korea North 98. Korea South 99. Kuwait 100. Kyrgyzstan 101. Laos 102. Latvia* 103. Lebanon 104. Lesotho 105. Liberia 106. Libya 107. Liechtenstein* 108. Lithuania* 109. Luxembourg* 110. Macau 111. Madagascar 112. Malawi 113. Malaysia 114. Maldives 115. Mali 116. Malta* 117. Martinique (DOM-ROM)* 118. Mauritania 119. Mexico* 120. Moldova* 121. Monaco 122. Mongolia 123. Montenegro* 124. Morocco* 125. Mozambique 126. Namibia 127. Nepal 128. Netherlands* 129. New Zealand* 130. Nicaragua 131. Niger 132. Nigeria 133. Norway* 134. Oman 135. Pakistan* 136. Panama 137. Papua New Guinea 138. Paraguay 139. Peru 140. Philippines* 141. Poland* 142. Portugal* 143. Puerto Rico 144. Qatar 145. Reunion (DOM-ROM)* 146. Romania* 147. Russia* 148. Rwanda 149. Saipan

150. Samoa 151. San Marino* 152. Saudi Arabia 153. Senegal 154. Serbia* 155. Seychelles 156. Sierra Leone 157. Singapore 158. Slovakia* 159. Slovenia* 160. Somalia 161. South Africa* 162. Spain* 163. Sri Lanka 164. Sudan 165. Suriname 166. Swaziland 167. Sweden* 168. Switzerland* 169. Syria 170. Taiwan 171. Tajikistan 172. Tanzania 173. Thailand 174. Togo 175. Tonga 176. Trinidad and Tobago 177. Tunisia* 178. Turkey* 179. Turkmenistan 180. United Arab Emirates 181. Uganda 182. Ukraine* 183. United Kingdom* 184. Uruguay 185. USA* 186. Uzbekistan 187. Vatican 188. Venezuela 189. Vietnam 190. Yemen 191. Zambia 192. Zimbabwe Total number of countries covered by the tenderer: ……………………. Date, stamp and signature