OnBid - International Bid and Tender Opportunities Worldwide!

European institution/agency or international organisation

The contracting authority is purchasing on behalf of other contracting authorities: no

Security services for EU Delegation to the State of Eritrea (ref. No EEAS-2011-059-DELERIA-SER-FWC).

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: Asmara, Eritrea.
NUTS code

The notice involves the establishment of a framework agreement

Framework agreement with a single operator

Duration of the framework agreement

Duration in months: 48

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 1 000 000 and 1 200 000 EUR

The objective of the tender is to conclude a framework contract with a company specialised in the security of persons and goods. The scope of the services includes, but is not limited to:
(1) the surveillance and patrolling of the premises (office building, residence of the Head of Delegation and Expatriates staffs accommodations) of the Delegation to avoid intrusion and attack on persons and their belongings;
(2) the control of access to the premises by visitors;
(3) the communication between the premises by means of a VHF radio network linking all the premises to a central operations centre to be manned by operators from the company;
(4) the immediate intervention by use of a rapid response or back-up unit to any of the premises in the event of an incident;
(5) other related security services such as installation of alarm systems on demand if necessary.
The framework contract will be implemented with a maximum duration of 4 years via specific contracts and/or order forms which will each have a maximum duration of 1 year.

The contract is covered by the Government Procurement Agreement (GPA): no

This contract is divided into lots: no

Variants will be accepted: no

The number of buildings concerned (offices, residence of the Ambassador and Expats' accomodations) is currently 14, but this number may change in the course of the execution of the contract. The number of hours to be supplied for each post is approximatively of 8 760 hours per year.
Estimated value excluding VAT:
Range: between 1 000 000 and 1 200 000 EUR

Options: no

This contract is subject to renewal: no

Duration in months: 48 (from the award of the contract)

A performance guarantee of 5 % of the amount of the specific contract/order form will be required upon signature of the specific contract/order form.

Monthly payments upon presentation of invoices and time sheets duly signed by the contractor and countersigned for approval by the Delegation.

Tenders can be submitted by groupings of service providers who will not be required to adopt a particular legal form prior to the contract being awarded but may be required to do so after the award. However, a grouping of firms must nominate 1 party to be responsible for the receipt and processing of payments for members of the grouping, for managing the service administration, and for coordination. The documents required and listed in the following paragraph III.2 must be supplied by every member of the grouping.
Each member of the grouping assumes a joint and several liability towards the contracting authority.

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: The awarded company will have to produce a proof of registration as a security company delivered by the Eritrean authorities.

Information and formalities necessary for evaluating if the requirements are met: A) Exclusion criteria:
Article 93 of the Financial Regulation sets out that:
1. Candidates or tenderers shall be excluded from participation in procurement procedure if:
(a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;
(b) they have been convicted of an offence concerning their professional conduct by a judgment which has the force of 'res judicata';
(c) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify;
(d) they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed;
(e) they have been the subject of a judgment which has the force of 'res judicata' for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the EU's financial interests;
(f) they are currently subject to an administrative penalty referred to in Article 96(1).
Points (a) to (d) of the first subparagraph shall not apply in the case of purchase of supplies on particularly advantageous terms from either a supplier which is definitively winding up its business activities, or from the receivers or liquidators of a bankruptcy, through an arrangement with creditors, or through a similar procedure under national law.
2. Candidates or tenderers shall certify that they are not in one of the situations listed in paragraph 1. However, the contracting authority may refrain from requiring such certification for very low value contracts, as specified in the implementing rules. For the purpose of the correct application of paragraph 1, the candidate or tenderer, whenever requested by the contracting authority, must:
(a) where the candidate or tenderer is a legal entity, provide information on the ownership or on the management, control and power of representation of the legal entity;
(b) where subcontracting is envisaged, certify that the subcontractor is not in one of the situations referred to in paragraph 1.
3. The implementing rules shall determine the maximum period during which the situations referred to in paragraph 1 give rise to the exclusion of candidates or tenderers from participation in a procurement procedure. The maximum period shall not exceed 10 years.
Article 94 of the Financial Regulation sets out that a contract shall not be awarded to candidates or tenderers who, during the procurement procedure for this contract:
(a) are subject to a conflict of interest;
(b) are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the procurement procedure or fail to supply this information;
(c) find themselves in one of the situations of exclusion, referred to in Article 93(1), for this procurement procedure.
B) Means of proof:
1. Candidates and tenderers shall provide a declaration on their honour, duly signed and dated, stating that they are not in one of the situations referred to in Article 93 or 94 of the Financial Regulation. However, in the case of restricted procedures, competitive dialogue and negotiated procedures after publication of a contract notice, whenever the contracting authority limits the number of candidates to be invited to negotiate or submit a tender, all the candidates shall provide the certificates referred to in paragraph 3. Depending on its risk assessment, the contracting authority may refrain from requiring the declaration referred to in the first subparagraph for contracts with a value less than or equal to 5 000 EUR. However, for contracts referred to in Articles 241(1), 243(1) and 245(1), the contracting authority may refrain from requiring that declaration for contracts with a value less than or equal to 10 000 EUR.
2. The tenderer to whom the contract is to be awarded shall provide, within a time limit defined by the contracting authority and preceding the signature of the contract, the evidence referred to in paragraph 3, confirming the declaration referred to in paragraph 1 in the following cases:
(a) for contracts awarded by the institutions on their own account, with a value equal to or greater than the thresholds referred to in Article 158;
(b) for contracts in the field of external actions with a value equal to or greater than the thresholds laid down in Article 241(1)(a), Article 243(1)(a) or Article 245(1)(a). For contracts with a value less than the thresholds referred to in points (a) and (b), the contracting authority may, where it has doubts as to whether the tenderer to whom the contract is to be awarded is in one of the situations of exclusion, require him to provide the evidence referred to in paragraph 3.
3. The contracting authority shall accept as satisfactory evidence that the candidate or tenderer to whom the contract is to be awarded is not in one of the situations described in point (a), (b) or (e) of Article 93(1) of the Financial Regulation, a recent extract from the judicial record or, failing that, an equivalent document recently issued by a judicial or administrative authority in the country of origin or provenance showing that those requirements are satisfied. 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 competent authority of the State concerned. Where the document or certificate referred to in the first subparagraph is not issued in the country concerned and for the other cases of exclusion referred to in Article 93 of the Financial Regulation, 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 his country of origin or provenance.
4. Depending on the national legislation of the country in which the candidate or tenderer is established, the documents referred to in paragraphs 1 and 3 shall relate to legal persons and/or natural persons including, where considered necessary by the contracting authority, company directors or any person with powers of representation, decision making or control in relation to the candidate or tenderer.
5. Where they have doubts as to whether candidates or tenderers are in one of the situations of exclusion, contracting authorities may themselves apply to the competent authorities referred to in paragraph 3 to obtain any information they consider necessary about that situation.
6. The contracting authority may waive the obligation of a candidate or tenderer to submit the documentary evidence referred to in paragraph 3 if such evidence has already been submitted to it for the purposes of another procurement procedure and provided that the documents are not more than 1 year old starting from their issuing date and that they are still valid.
In such a case, the candidate or tenderer shall declare on his honour that the documentary evidence has already been provided in a previous procurement procedure and confirm that no changes in his situation have occurred.
7. When requested by the contracting authority, the candidate or tenderer shall submit a declaration on honour from the intended subcontractor that he is not in one of the situations referred to in Articles 93 and 94 of the Financial Regulation.
In case of doubt on this declaration on the honour, the contracting authority shall request the evidence referred to in paragraphs 3 and 4.
Paragraph 5 shall apply, where appropriate.

Information and formalities necessary for evaluating if the requirements are met: Proof of economic and financial capacity must be furnished by the following documents:
a) appropriate statements from bank or evidence of professional risk indemnity insurance;
b) the presentation of balance sheets or extracts from balance sheets for at least the last 2 years for which accounts have been closed, where publication of the balance sheet is required under the company law of the country in which the economic operator is established;
c) a statement of overall turnover and turnover concerning the services covered by the contract during the last 3 financial years.
Minimum level(s) of standards possibly required: A minimum average annual turnover concerning the services covered by the contract of 900 000 EUR or 18 000 000 Nakfa.

Information and formalities necessary for evaluating if the requirements are met:
Evidence of the technical and professional qualifications of economic operators must be furnished on the basis of the following documents:
a) the educational qualifications and professional experiences of the firm's managerial staff and in particular those of the person(s) responsible for providing the services;
b) list of similar experiences (number and duration) in fields related to the contract during the last 3 years, in particular services provided to international or foreign companies, diplomatic missions or representations of international organisations; these experiences have to be supported with a proof of satisfaction of clients specifying whether the services have been carried out in a professional manner and have been fully completed;
c) statement of the average annual manpower (in total and in the fields related to the contract) and the number of managerial staff of the contractor in the last 3 years;
d) statement from the relevant authority of the country in which the candidate is established proving that the candidate can act as a security company;
e) information on the quality standards to which the company services comply supported by valid certification issued by reputable organisations such as ISO or equivalent certification from industry regulators or trade associations;
f) information on the facilities and resources available to the company to ensure the quality of services (i.e. vehicles, back-up units, means of communications etc);
h) an indication of the proportion of the contract the contractor may intend to subcontract.
Minimum level(s) of standards possibly required:
The average number of staff in the fields related to the contract over the last 3 years must be at least 100. The part of the staff involved in the fields related to the contract must be at least 90 % of the total staff.
The candidates must have at least 2 similar experiences in international organisations or diplomatic missions during the last 3 years.

Execution of the service is reserved to a particular profession: yes
Reference to the relevant law, regulation or administrative provision: The companies will have to provide a valid licence to operate in the security environment in Eritrea. This document can only be delivered by the relevant Eritrean authorities.

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: yes

Restricted

Envisaged minimum number 1: and maximum number 10
Objective criteria for choosing the limited number of candidates: number of similar contracts and amount involved.

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

An electronic auction will be used: no

Security services for EU Delegation to the State of Eritrea (ref. No EEAS-2011-059-DELERIA-SER-FWC).

no

Payable documents: no

6.2.2012 - 12:00

Any EU official language

This is a recurrent procurement: no

The contract is related to a project and/or programme financed by European Union funds: no

I. Preparation and submission of applications:
The candidates wishing to participate in this contract should note that the procedure will take place in 2 stages, as follows:
A. First stage (preselection stage):
Natural persons and legal entities are requested to submit applications which must contain all the information requested in section III of this contract notice: legal, economic, financial and technical information. Attention is drawn to the means of proof required, which are the minimum requisite to move on to the second stage.
Regarding the exclusion criteria (Articles 93 and 94 of the Financial Regulation), candidates must include in the application a duly signed and dated solemn declaration, stating that they are not in one of the situations referred to in the above Articles.
With regard to the financial selection criteria (economic and financial capacity) and the technical selection criteria (technical capacity), all documents and information requested (to enable assessment of the candidate's capacity to carry out the contract in the field stated in point II.1.5 'Short description of the contract or purchase(s)' of the contract notice) must be included in the application. In particular, the sum regarding the average annual turnover is a minimum below which no application can be accepted.
B. Second stage:
Those natural persons and legal entities shortlisted at the end of the preselection period will be invited to submit a tender. The invitation to tender documents (including the letter of invitation to tender, the specifications and the model of the contract to be used) will be sent to them automatically, with no further publication in the Official Journal of the European Union.
Nota Bene:
For the first stage, interested parties are requested to submit their application before the date or the deadline given in point IV.3.4 (applications received after this date will be automatically rejected).
Submitting applications or drawing up tenders does not give tenderers the right either to be awarded the contract or to receive any compensation for costs incurred. The contracting authority is under no obligation to award a contract subsequent to this notice.
The application must:
— be signed by the candidate or his duly authorised representative,
— be perfectly legible to avoid the slightest doubt about terms and figures.
Submission of applications can be made, according to the candidate's choice:
(a) either by post or by private courier, posted no later than 6.2.2012, as evidenced by the postmark or the date on the delivery receipt, to the address stated in section I.1;
(b) or delivered to the address stated in Section I.1 by 6.2.2012 (12:00) at the latest. Delivery of the request to participate will be confirmed in this case by a dated and stamped receipt signed by the duly authorised agent from the Delegation.
The applications shall comprise 1 original and 2 copies. Submissions must be made using a double envelope.
Both envelopes are to be sealed. If self-seal envelopes are used, they must also be sealed with adhesive tape, with the sender's signature written across the tape.
The outer envelope must bear both the name of the department which it is addressed to, as above, and the following: 'Tender No 2011-059-DELERIA-SER-FWC Not to be opened'. The inner envelope must bear the following: 'Tender No 2011-059-DELERIA-SER-FWC Not to be opened Candidate's name'.
II. Data protection:
If processing your reply to this contract notice involves the recording and processing of personal data (such as name, address and CV), such data will 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. Unless indicated otherwise, replies to the questions and any personal data requested are required to evaluate your application in accordance with the contract notice and will be processed solely for that purpose by the contracting authority mentioned in Heading I.1.
Details concerning the processing of your personal data are available on the privacy statement at:

http://ec.europa.eu/dataprotectionofficer/privacystatement_publicprocurement_en.pdf

Your personal data may be registered in the Early Warning System (EWS) only or both in the EWS and Central Exclusion Database (CED) by the Accounting Officer of the EEAS, should you be in one of the situations mentioned in:
— the Commission Decision 2008/969 of 16.12.2008 on the Early Warning System (for more information see the Privacy Statement on

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

— the Commission Regulation 2008/1302 of 17.12.2008 on the Central Exclusion Database (for more information see the Privacy Statement on

http://ec.europa.eu/budget/explained/management/protecting/protect_en.cfm#BDCE)

III. The contracting authority may have recourse to a negotiated procedure on the basis of Art. 126 (1) (f) of the IR of the FR.

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.

9.12.2011