Section II: Object of the contract
II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Personal and property security services for the installations and residences of the Delegation of the European Union (DEU) in Benin.
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 23: Investigation and security services, except armoured car services
Main site or location of works, place of delivery or of performance: Cotonou, Benin.
NUTS code
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement
Framework agreement with a single operator
Duration of the framework agreement
Duration in months: 48
II.1.5)Short description of the contract or purchase(s)
Conclusion of a security contract with a company, specialising in personal and property security, for the installations and residences of the DEU at Cotonou.
II.1.6)Common procurement vocabulary (CPV)
79710000, 79713000, 79714000, 79715000
II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): no
II.1.8)Lots
This contract is divided into lots: no
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
The specific object of this procurement is the signature of a contract to provide security services.
The objective of the contract is to establish a round-the-clock overall solution aimed at ensuring the security of the Delegation's installations (offices and residences) and personnel.
Estimated value excluding VAT:
Range: between 70 000 and 100 000 EUR
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion
Duration in months: 48 (from the award of the contract)
Section III: Legal, economic, financial and technical information
III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
Not applicable.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Payments for the services will be made monthly in arrears by bank transfer to the account of the company designated in the contract, at the latest 30 days after the date of submission of the invoice.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
All members of a consortium or partnership submitting a joint tender shall be jointly and severally liable vis-à-vis the Delegation for performance of the contract as a whole. If a partnership or consortium is envisaged, its composition must be given and details concerning the exclusion and selection criteria must be provided for each individual member of the partnership. In addition, 1 of the consortium members must be appointed as the party responsible for the contract and must take full responsibility vis-à-vis the Delegation, both for this application and the future contract, in the event they are awarded it.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: the tenderer awarded the contract must be registered in the register of security or similar companies, in the event that such a register exists in Benin, when the contract is signed.
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if the requirements are met: A. Exclusion criteria:
* Article 93:
1. candidates or tenderers will be disqualified from taking part in procurement procedures if they:
(a) are bankrupt or being wound up, if their affairs are being administered by the court or if they have entered into an arrangement with creditors, if they have suspended business activities, if they are the subject of proceedings of this nature or if they are in any analogous situation arising from a similar procedure under national laws or regulations;
(b) have been convicted of an offence concerning their professional conduct by a judgment which has the force of 'res judicata';
(c) have been guilty of grave professional misconduct proven by any means which the contracting authorities can justify;
(d) have not fulfilled their obligations to pay social security contributions or taxes in accordance with the legal provisions of their country of residence or with those of the country of the contracting authority, or those of the country where the contract is to be carried out;
(e) have 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 Communities' financial interests;
(f) are currently subject to an administrative penalty referred to in Article 96(1).
Points (a) and (d) do not apply in the case of purchase of supplies under particularly advantageous conditions, whether from a supplier definitively suspending commercial activities or from receivers or liquidators of a bankruptcy, by legal arrangement or a similar procedure provided for under national laws.
2. For the purposes of applying paragraph 1 correctly, the candidate or tenderer must:
(a) provide information concerning ownership or powers of representation, decision-making or control in relation to the legal entity;
(b) where subcontracting is envisaged, certify that the subcontractor is not in any of the situations described in paragraph 1.
* Article 94 (Articles 133a and 134 of the detailed rules for implementation):
a contract shall not be awarded to candidates or tenderers who, at the time of the procurement procedure for this contract:
(a) are in a situation where interests conflict;
(b) are guilty of misrepresentation in supplying the information required by the contracting authority in order to participate in the contract, or if they have not supplied such information;
(c) are subject to any of the criteria for exclusion from the award procedure for this contract referred to in Article 93(1).
B. Means of proof (Articles 93 and 94 of the Financial Regulation):
1. candidates and tenderers must furnish a duly signed and dated solemn declaration, stating that they are not in any of the situations referred to in Articles 93 and 94 of the Financial Regulation;
2. the tenderer awarded the contract must provide the means of proof referred to in paragraph 3, confirming the declaration referred to in paragraph 1, within 15 calendar days and prior to contract signature;
3. the contracting authority shall accept, as satisfactory evidence that the candidate or tenderer awarded the contract is not in any of the situations described in points (a), (b) or (e) of Article 93(1) of the Financial Regulation, a recent extract from the judicial record or, failing that, a recent equivalent document issued by a judicial or administrative body in the country of origin or provenance showing that those requirements have been met. The contracting authority shall accept, as satisfactory evidence that the candidate or tenderer is not in the situation described in point (d) of Article 93(1) of the Financial Regulation, a recent certificate issued by the appropriate body in the country concerned.
Where the document or certificate referred to in the first paragraph is not issued in the country concerned, and for the other exclusion cases referred to in Article 93 of the Financial Regulation, it may be replaced by a statement under oath or, failing that, a solemn declaration made by the interested party before a judicial or administrative body, a notary or a qualified professional body in the country of origin or provenance;
4. depending on the national legislation of the country in which the tenderer or candidate is resident, the documents referred to in paragraphs 1 and 3 shall relate to legal entities and natural persons, including company directors or any person with powers of representation, decision-making or control in relation to the candidate or tenderer;
5. the candidate or tenderer must furnish a solemn declaration from the envisaged subcontractor, stating that he is not in any of the situations referred to in Articles 93 and 94 of the Financial Regulation.
The means of proof referred to in paragraphs 3 and 4 will be requested if there are any doubts concerning this solemn declaration.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: (the documents listed hereafter must be provided as proof of the tenderer's economic and financial capacity):
(a) suitable certificates from banking organisations, or proof that professional risk insurance has been taken out;
(b) balance sheets, or extracts thereof, for the past 3 financial years for which accounts have been closed, if publication of balance sheets is required under company law in the country in which the economic operator is resident. If, for a valid reason, the tenderer cannot provide them, he must enclose a statement as to annual pre-tax profits for the past 3 years;
(c) statement as to average annual turnover during the past 3 financial years.
Considering the value of this contract, this average annual turnover will be at least 280 000 EUR.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
candidates must:
(a) indicate the country in which they have their main headquarters or in which they are domiciled, enclosing the documents which prove this;
(b) provide the particulars of the company: name, domicile, postal address, telephone, fax, name and position of the person legally empowered to represent the company;
(c) provide evidence of the legal constitution of the company and its registration in the trade register;
(d) submit the certificate of registration in the register of security companies;
(e) provide a list of major security contracts executed during the past 3 years with at least 5 customers, mainly multinational companies, diplomatic missions or international organisation representations;
(f) prove at least 5 years' experience in the field of this contract;
(g) give full information on the equipment, means and resources they will put at the Delegation's disposal to ensure the good quality of the contracted services;
(h) describe the training which will be given to the personnel: guards, inspectors, supervisors, radio operators, support teams, emergency teams, etc.;
(i) declare the number of the company's permanent staff. This number must be at least 24 people.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: yes
Reference to the relevant law, regulation or administrative provision: in Benin, surveillance, security and personal protection activities carried out by private agencies are governed by decree No 101/MISAT/DC/DGPN/DSP/SA of 5.8.1997.
III.3.2)Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: yes
Section IV: Procedure
IV.1)Type of procedure
IV.1.1)Type of procedure
Restricted
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged minimum number 3: and maximum number 5
Objective criteria for choosing the limited number of candidates: exclusion criteria, technical and financial capacity.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
EEAS/2011/SER/DELBENC/020.
IV.3.2)Previous publication(s) concerning the same contract
no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Time limit for receipt of requests for documents or for accessing documents: 13.12.2011
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
19.12.2011 - 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
Any EU official language
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening tenders
Section VI: Complementary information
VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information
Interested parties should note that this contract notice must serve as a basis for selecting those candidates who will subsequently be sent an invitation to tender, together with the specifications and remaining tender documents. Therefore, at this first stage, candidates are requested to submit their application based solely on the information contained in this notice.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
General Court of the European Union
boulevard Konrad Adenauer
2925 Luxembourg
LUXEMBOURG
E-mail: ecj.registry@curia.eu.int
Telephone: +352 4303-1
Fax: +352 433766
Body responsible for mediation procedures
European Ombudsman
1 avenue du Président Robert Schuman, PO Box 403
67001 Strasbourg Cedex
FRANCE
E-mail: euro-ombudsman@europarl.eu.int
Telephone: +33 388172313
Fax: +33 388179062
VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: within 2 months of the petitioner being notified or, failing this, of the date on which it became known to them. Submitting an appeal to the European Ombudsman neither suspends this deadline nor causes a new deadline to be set.
VI.4.3)Service from which information about the lodging of appeals may be obtained
General Court of the European Union
boulevard Konrad Adenauer
2925 Luxembourg
LUXEMBOURG
E-mail: ecj.registry@curia.eu.int
Telephone: +352 4303-1
Fax: +352 433766
VI.5)Date of dispatch of this notice:
11.11.2011