Tender Specifications
for
Purchase of Office Furniture and associated
services
Framework service contract
Publication Reference: OJ/10/06/2011-PROC/2011/047
June 2011
Table of Contents
Introduction to ECDC ........................................................................................................................................................................ 3
1
2
3
4
Overview of this tender .......................................................................................................................................................... 4
1.1
Description of the contract ..................................................................................................................................... 4
1.2
Timetable ....................................................................................................................................................................... 4
1.3
Participation in the tender procedure ............................................................................................................... 4
1.4
Participation of consortia ........................................................................................................................................ 5
1.5
Subcontracting ............................................................................................................................................................. 5
1.6
Presentation of the tender ...................................................................................................................................... 5
1.7
Confirmation of offer submission ........................................................................................................................ 6
1.8
Contacts between ECDC and the tenderers ..................................................................................................... 6
1.9
Division into Lots ........................................................................................................................................................ 7
1.10
Variants........................................................................................................................................................................... 7
1.11
Confidentiality and public access to documents............................................................................................ 8
1.12
Contractual details ..................................................................................................................................................... 8
Terms of reference ................................................................................................................................................................... 9
2.1
Introduction: Background to the invitation to tender................................................................................. 9
2.2
Description of the services & scope .................................................................................................................... 9
2.3
Prices .............................................................................................................................................................................10
Exclusion and selection criteria ........................................................................................................................................13
3.1
Exclusion criteria ......................................................................................................................................................13
3.2
Selection criteria .......................................................................................................................................................14
Award of the contract ............................................................................................................................................................16
4.1
Technical proposal for Lots 1 & 2 ......................................................................................................................16
4.2
Technical evaluation ...............................................................................................................................................17
4.3
Financial proposal ....................................................................................................................................................17
4.4
Choice of the selected tender ...............................................................................................................................17
4.5
No obligation to award ...........................................................................................................................................18
4.6
Notification of outcome..........................................................................................................................................18
List of Annexes ...................................................................................................................................................................................19
Annex I — Draft contract .....................................................................................................................................................20
Annex II — Exclusion criteria and non-conflict of interest declaration ...........................................................44
Annex III — Legal entity form............................................................................................................................................46
Annex IV — Financial identification form ....................................................................................................................47
Annex V — Authorised signatory form ..........................................................................................................................48
Annex VI — Curriculum Vitae template ........................................................................................................................49
Annex VII — Financial proposal form ............................................................................................................................50
Annex VIII — Confirmation of offer submission ........................................................................................................52
Annex IX — Tender submission checklist ....................................................................................................................53
Introduction to ECDC
The European Centre for Disease prevention and Control (ECDC) is an agency of the European Union,
established by the European Parliament and Council Regulation 851/2004 of 21 April 2004. Its purpose is to
identify, assess and communicate current and emerging threats to human health from communicable disease.
Within this broad mission statement, the main technical tasks of the Centre fall into the following four
categories:

The publication of independent scientific opinions, bringing together technical expertise in specific
fields through its various EU-wide networks and via ad hoc scientific panels;

The provision of technical assistance to EU member states, communication of the Centre’s activities
and results and dissemination of information tailored to different audiences;

The development of epidemiological surveillance at the European level and the maintenance of
networks of reference laboratories; and

Early Warning and Response based on ‘round the clock’ availability of specialists in communicable
diseases.
Further information about the Centre can be found on the ECDC website www.ecdc.europa.eu.
The tender process
The purpose of competitive tendering for awarding contracts is two-fold:

to ensure the transparency of operations;

to obtain the desired quality of services, supplies and works at the best possible price.
The applicable regulations, namely directives 92/50/EEC, 93/36/EEC and 93/37/EEC, oblige the ECDC to
guarantee the widest possible participation, on equal terms in tender procedures and contracts.
‘Purchase of Office Furniture and associated services’
1
1.1
Overview of this tender
Description of the contract
The services required by ECDC are described in the terms of reference in section 2 of the present tender
specifications.
In drawing up a tender, tenderers should bear in mind the provisions of the draft contract in Annex I. In
particular, the draft contract indicates the method and the conditions for payments to the contractor.
Tenderers are expected to examine carefully and respect all instructions and standard formats contained in
these specifications and the invitation to tender. An offer which does not contain all the required
information and documentation may be rejected.
1.2
Timetable
Activity
Date
Comments
Launching of tender
10/06/2011
Dispatch of contract notice to the OJ
Deadline for request of clarifications
from ECDC
16/08/2011
Mandatory site visit
-
Last date on which clarifications are
issued by ECDC
23/08/2011
Deadline for submission of offers
31/08/2011
Interviews (if any)
-
Not applicable to this tender
At 16:00 local time if hand delivered
Not applicable to this tender
Opening session
07/09/2011
At 10:00 local time
Date for evaluation of offers
14/09/2011
Estimated
Notification of award to the selected
Tenderer
05/10/2011
Estimated
Contract signature
19/10/2011
Estimated
1.3
Participation in the tender procedure
This procurement procedure is open to the natural or legal person wishing to bid for the assignment and
established in the EU, the EEA or any other country covered by the WTO Government Procurement
Agreement.
Tenderers must not be in any situation of exclusion under the exclusion criteria indicated in section 3.1 of
these tender specifications and must have the legal capacity to allow them to participate in this tender
procedure (see section 3.2.1).
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Please note that any attempt by a tenderer to obtain confidential information, enter into unlawful
agreements with competitors or influence the evaluation committee or ECDC during the process of
examining, clarifying, evaluating and comparing tenders will lead to the rejection of his tender and may
result in administrative penalties.
1.4
Participation of consortia
A consortium may submit a tender on condition that it complies with the rules of competition.
A consortium may be a permanent, legally-established grouping or a grouping which has been constituted
informally for a specific tender procedure. Such grouping (or consortium) must specify the company or
person heading the project (the leader) and must also submit a copy of the document authorising this
company or person to submit a tender. All members of a consortium (i.e., the leader and all other
members) are jointly and severally liable to the Contracting Authority.
In addition, each member of the consortium must provide the required evidence for the exclusion and
selection criteria (see section 3 of these tender specifications). Concerning the selection criteria ‘technical
and professional capacity’, the evidence provided by each member of the consortium will be checked to
ensure that the consortium as a whole fulfils the criteria.
The participation of an ineligible person will result in the automatic exclusion of that person. In particular, if
that ineligible person belongs to a consortium, the whole consortium will be excluded.
1.5
Subcontracting
If subcontracting is envisaged, the tenderer must clearly indicate in the tender which parts of the work will
be subcontracted. The total value of the subcontracted part of the services cannot represent the total value
of the contract value.
Subcontractors must satisfy the eligibility criteria applicable to the award of the contract. If the identity of
the intended subcontractor(s) is already known at the time of submitting the tender, all subcontractors
must provide the required evidence for the exclusion and selection criteria.
If the identity of the subcontractor is not known at the time of submitting the tender, the tenderer who is
awarded the contract will have to seek ECDC’s prior written authorisation before entering into a
subcontract.
Where no subcontractor is given, the work will be assumed to be carried out directly by the tenderer.
1.6
Presentation of the tender
Tenders must comply with the following conditions:
1.6.1
Double envelope system
Offers must be submitted in accordance with the double envelope system:
The outer envelope or parcel should be sealed with adhesive tape and signed across the seal and carry the
following information:





Office Furniture and associated services;
the name of the tenderer;
the indication “Offer - Not to be opened by the internal mail service”;
the address for submission of offers (as indicated in the invitation to tender letter)
the date of posting (if applicable) should be legible on the outer envelope
The outer envelope must contain three inner envelopes, namely, Envelopes A, B and C.
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The content of each of these envelopes shall be as follows:
1. Envelope A – Administrative documents
 The signed, dated and duly completed Tender Submission Checklist using the template
in Annex IX;
 The duly filled in, signed and dated Exclusion Criteria and Non-Conflict of Interest
Declaration(s) as requested in section 3.1 and using the standard template in Annex II;
 The duly filled in, signed and dated Legal Entity Form(s) as requested in section 3.2.1
and using the standard template in Annex III as well as the requested accompanying
documents;
 The duly filled in, signed and dated Financial Identification Form1 using the template in
Annex IV;
 Financial and economic capacity documents as requested in section 3.2.2;
 The technical and professional capacity documents as requested in section 3.2.3;
 A statement containing the name and position of the tenderer’s authorised signatory;
and
 In case of consortia, a consortium agreement duly signed and dated by each of the
consortium members specifying the company or person heading the project and
authorised to submit a tender on behalf of the consortium (please see section 1.4 of
these tender specifications).
2. Envelope B – Technical proposal
 One original (unbound, signed and clearly marked as “Original”) and four copies (bound
and each marked as “Copy”) of the Technical Proposal, providing all information
requested in section 4.
3. Envelope C – Financial proposal
 One signed original and four copies of the Financial Proposal, based on the format in
found in Annex VII.
1.6.2
Language
Offers must be submitted in one of the official languages of the European Union. ECDC prefers, however, to
receive documentation in English. Nonetheless, the choice of language will be not play any role in the
consideration of the tender.
1.7
Confirmation of offer submission
In order to keep track of offers due to arrive, tenderers who do not hand deliver their offers are requested
to complete and return the form found Annex VIII.
1.8
Contacts between ECDC and the tenderers
Contacts between ECDC and tenderers are prohibited throughout the procedure, except in the following
circumstances:
1
In the case of a consortium, only one Financial Identification Form for the whole consortium shall be submitted,
nominating the bank account into which payments are to be made under the contract in the event that the respective
tender is successful.
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1.8.1
Written clarification before the deadline for submission of offers
Requests for clarification regarding this procurement procedure or the nature of the contract should
be done in writing only and should be sent by mail, fax or email to:
ECDC
Attn: Procurement Office
171 83 Stockholm, Sweden
Fax: +46 8 30 57 46
email: procurement@ecdc.europa.eu
Each request for clarification sent to ECDC should indicate the publication reference and the title of the
tender.
The deadline for clarification requests is indicated in the timetable under section 1.2. Requests for
clarification received after the deadline will not be processed.
At the request of the tenderer, ECDC may provide any additional information or clarification resulting from
the
request
for
a
clarification
on
the
ECDC
Procurement
webpage:
http://www.ecdc.europa.eu/en/aboutus/calls/Pages/ProcurementsandGrants.aspx.
ECDC may, on its own initiative, inform interested parties of any error, inaccuracy, omission or other
clerical error in the text of the contract notice or in the tender specifications by publishing a corrigendum
on its website.
Tenderers should regularly check the ECDC website for updates.
1.8.2
After the closing date for submission of tenders
If, after the tenders have been opened, some clarification is required in connection with a tender, or if
obvious clerical errors in the submitted tender must be corrected, the ECDC may contact the tenderer,
although such contact may not lead to any alternation of the terms of the submitted tender.
1.8.3
Visits to ECDC premises
Not applicable for this tender procedure.
1.8.4
Interviews
Not applicable.
1.9
Division into Lots
This Call for Tender will be composed of two lots listed below. Tenderers may apply for one or more lots.
Lot 1 – office furniture and related services
Lot 2 - executive office furniture and related services
1.10 Variants
Not applicable
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1.11 Confidentiality and public access to documents
All documents presented by the tenderer become the property of the ECDC and are deemed confidential.
In the general implementation of its activities and for the processing of tendering procedures in particular,
ECDC observes the following EU regulations:

Council Regulation (EC) No. 1049/2001 of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents; and

Council Regulation (EC) No. 45/2001 of 18 December 2000 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.
The tender process will involve the recording and processing of personal data (such as a tenderer’s name,
address and CV). Such data will be processed pursuant to Regulation (EC) No. 45/2001.
Unless indicated otherwise, a tenderer’s replies to questions and any personal data requested by ECDC are
required to evaluate the tender in accordance with the tender specifications and will be processed solely
for that purpose by ECDC. A tenderer is entitled to obtain access to their personal data on request and to
rectify any such data that is inaccurate or incomplete.
If you have any queries concerning the processing of your personal data, you may address them to
dpo@ecdc.europa.eu. You have the right of recourse at any time to the ECDC Data Protection Supervisor
for matters relating to the processing of your personal data.
1.12 Contractual details
A draft contract is attached to these technical specifications as Annex I.
ECDC wishes to conclude framework contract(s) to provide:
Lot 1 – office furniture and related services
Lot 2 - executive office furniture and related services
for a period of four years. The framework contract will establish the terms governing specific contracts to
be awarded during a given period; in particular, with regard to price.
Signature of the framework contract imposes no obligation on the Centre to order services. Only the
implementation of the framework contract through specific orders is binding for ECDC.
Each order will contain details of deliverables and timelines for particular services to be provided.
The terms of reference will become an integral part of the contract that may be awarded as a result of this
tender procedure.
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2
Terms of reference
2.1
Introduction: Background to the invitation to tender
ECDC wishes to conclude framework service contract(s) for the above described services for ECDC premises
(approximately 8.620 square meters in four buildings on Tomtebodavägen, Solna, Sweden) with
approximately 320 staff.
The European Centre for Disease Prevention and Control (ECDC) pays attention to ergonomic,
environmentally-friendly products and purchases.
Description of the services & scope
2.2
ECDC wishes to acquire office furniture and related services to renew and add part of its current office,
conference and ancillary furniture already installed. The acquisition will be governed by a framework supply
contract (see Annex C).
The cost of acquisition will be all-inclusive, incorporating the cost of transportation, installation (to precise
locations within ECDC building complex indicated by ECDC staff), assemble/disassemble, demonstration of
use, and technical support within warranty period.
2.2.1
Contract objectives and scope
In more details ECDC is looking to acquire the following office furniture:
Lot 1 - office furniture and related services
1. Office furniture in full deployment (desks, ergonomic chairs, bookcases, mobile pedestals,
storage cupboards, meeting tables, guest chairs)
2. Staff office furniture in full deployment (desks, meeting and computer extensions, ergonomic
chairs, bookcases, mobile drawer pedestals, storage cupboards)
3. Conference modular tables (fixed and custom shapes and dimensions)
4. Conference u-shaped chairs
5. Orthopaedic chairs
6. Partition walls, general use storage furniture, printer stands, desk dividers etc
Lot 2 – Executive office furniture and related services
1. Executive Office furniture in full deployment (desks, ergonomic chairs, bookcases, mobile
pedestals, storage cupboards, meeting tables, guest chairs)
2. Conference modular tables (fixed and custom shapes and dimensions)
3. Partition walls, general use storage furniture, printer stands, desk dividers etc
Description of the work/tasks
The proposed furniture will be delivered and installed in ECDC premises (in specific offices or areas
indicated by ECDC staff). The installation of the furniture includes assembly/disassembly, demonstration of
use to personnel, demonstration of transformation capabilities to ICTF staff.
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Place of performance of the contract
ECDC premises.
Reference documents
Photographs of the already in use office furniture
Deliverables, reporting and project schedule
All office furniture must be delivered with adequate mechanical spares (at least 10% of the ordered
quantity) for future replacements. As mechanical spares are defined chair wheels, cupboard hinges,
padlocks, bookcase shelf holds etc.
All extendable, modular or mechanically functioning equipment (executive/operators chairs) must be
delivered with multilingual manuals.
As delivery time we define the intermediate time between the signature of an order form and the date that
the furniture(s) are delivered and installed in ECDC premises. The contractor is obliged to execute its single
order form (delivery and installation of the furniture) within thirty (30) calendar days.
2.2.2
Duration of the contract for Lots 1 & 2
The contract shall have a total maximum duration of four years in the following manner:
The contract shall have an initial duration of one year, and it may be renewed up to three times, each
renewal having the duration of one year.
2.3
2.3.1
Prices
Currency of tender
Prices must be quoted in EURO.
The Financial Proposal Form in Annex VII must be used to submit a tender.
2.3.2
All-inclusive prices
Prices submitted in response to this tender must be inclusive of all costs involved in the performance of the
contract (e.g. to include delivery, supply and installation, maintenance, travel, subsistence, etc). No
expenses incurred in the performance of the services will be reimbursed separately by ECDC.
NB: ALL the above mentioned mechanical spare parts and services will be provided at NO extra cost
for ECDC.
2.3.3
Price revision
Prices and possible general discounts in percentage as well as discounts for specific items listed in the
financial offer (Annex VII) submitted in response to this tender shall be fixed and not subject to revision for
Specific Contracts concluded during the first year of performance of the Framework Contract.
During campaign / sales period, the contractor should always offer to ECDC the lower price between the
offered prices on campaign/sales period and the catalogue prices (including possible offered discount from
the contractor). .
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From the beginning of the second year of performance of the Framework Contract, prices may be revised
upwards or downwards each year, where such revision is requested by one of the contracting parties by
notice served no later than three months before the anniversary of the date on which the Framework
Contract became effective.
Specific Contracts shall be concluded on the basis of the prices in force on the date on which they are
signed. Such prices shall not be subject to revision.
This revision shall be determined by the trend in the harmonised consumer price index EICP published for
the first time by the Publications Office of the European Union in the Eurostat monthly bulletin at
http://www.ec.europa.eu/eurostat/.
Price revision shall be calculated in accordance with the following formula:
Ir
Pr = Po
(— )
Io
where:
Pr
2.3.4
=
revised price;
Po =
price in the original tender;
Io
=
index for the month in which the validity of the tender expires
Ir
=
index for the month in which the revised prices take effect.
Costs involved in preparing and submitting a tender
ECDC will not reimburse any costs incurred in the preparation and submission of a tender. Any such costs
must be paid by the tenderer.
2.3.5
Protocol on the Privileges and Immunities of the European Union
The Centre is, as a rule, exempt from all taxes and duties, and in certain circumstances is entitled to a
refund for indirect tax incurred, such as value added tax (VAT), pursuant to the provisions of articles 3 and 4
of the Protocol on Privileges and Immunities of the European Union. Tenderers must therefore quote prices
which are exclusive of any taxes and duties and must indicate the amount of VAT separately.
2.3.6
Payments
Payments under the contract shall be executed only if the contractor has fulfilled all their contractual
obligations by the date on which the invoice is submitted, including specified deliverables.
For all items described in this call for tenders, the minimum warranty and technical support requested is 2
years on site covering replacement of defective parts, labour and visiting costs to ECDC premises. The
minimum service level related to the technical support within the warranty period should cover at least the
following: As above
1. On site/Off site fix/replacement of any defective part, module, or set;
2. In case of failure related to mechanical parts, module or extensions, the provider must send to
ECDC premises experienced personnel/technicians for the repair/replacement of the part within
seven (7) working days from the day of notification. In case the repair demands the transportation
of the furniture outside ECDC premises, the provider must complete his task within twenty (20)
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working days. The cost of furniture/part transportation, technical team travelling, and spares are
completely and solely covered by the contractor.
3. Defects or scratches caused on transportation or installation of the furniture should be
repaired/replaced according to the above mentioned.
2.3.7
Financial guarantees
ECDC may require a pre-financing guarantee or a performance guarantee from the Contractor chosen as a
result of this tendering procedure. When such guarantee is requested, the specific conditions related to
the provision of a guarantee are included in the draft contract (Annex I). The costs for the guarantee shall
be borne by the Contractor.
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3
3.1
Exclusion and selection criteria
Exclusion criteria
Tenderers shall be excluded from participation in procurement procedure if they are in any of the following
situations:
a) 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) 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 ECDC can justify;
d) 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 Sweden 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 Communities'
financial interests;
f)
following another procurement procedure or grant award procedure financed by the Community
budget, they have been declared to be in serious breach of contract for failure to comply with their
contractual obligations.
In addition to the above, contracts may not be awarded to tenderers who, during the procurement
procedure for this contract:

are subject to a conflict of interest;

are guilty of misrepresentation in supplying the information required by ECDC as a condition of
participation in the procurement procedure or fail to supply this information.
Declaration and means of proof
All tenderers must certify that they are not in any of the situations listed above by completing and signing
the attached Exclusion Criteria & Non-Conflict of Interest Declaration in Annex II.
The tenderer to whom the contract is to be awarded shall provide in addition, within 15 days following the
notification of award and preceding the signature of the contract, the following documentary proofs to
confirm the declaration referred to above:

For points a), b) and e), 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.

For point d) a recent certificate issued by the competent authority of the State concerned.
Where the document or certificate referred to 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 his country of origin or provenance.
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3.2
Selection criteria
Tenderers must submit evidence of their legal, economic, financial, technical and professional capacity to
perform the contract.
3.2.1
Legal capacity
Requirement
A tenderer is asked to prove that they are authorised to perform the contract under the
national law as evidenced by inclusion in a trade or professional register, or a sworn
declaration or certificate, membership of a specific organisation, express authorisation or
entry in the VAT register.
Evidence required
The tenderer shall provide a duly filled in and signed Legal Entity Form (see Annex III)
accompanied by the documents requested therein.
(Where the tenderer has already signed another contract with ECDC, they may provide
instead of the legal entity file and its supporting documents a copy of the legal entity file
provided on that occasion, unless a change in his legal status occurred in the meantime).
3.2.2
Economic and financial capacity
Requirement
The tenderer must be in a stable financial position and have the economic and financial
capacity to perform the contract.
Evidence required
Proof of economic and financial capacity shall be furnished by the following documents:

balance sheets or extracts from balance sheets for at least the last two 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);

a statement of overall turnover and turnover concerning services/supplies covered by
the contract during the last three financial years.
If, for some exceptional reason which ECDC considers justified, the tenderer is unable to
provide the references requested by the contracting authority, he may prove his economic
and financial capacity by any other means which ECDC considers appropriate.
The Centre reserves the right to request any additional documentary evidence it deems
necessary or useful in order to verify a tenderer’s economic and financial standing.
3.2.3
Technical and professional capacity
Requirement(s)
The tenderer‘s technical and professional capacity will be evaluated using the following
criteria:



Suitability of the organisation and staffing structure available for the activities
covered by the contract;
Ability to supply all material described in the Technical Specifications and all
related services (commissioning, installation, support and maintenance).
Be able to provide supplies and services in accordance with the time schedule
indicated in the Terms of Reference.
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In the case of a consortium submitting an offer, each member of the consortium must
provide the required evidence. For ‘technical capacity’ the evidence provided by each
member of the consortium will be checked at consortium level to ensure that the
consortium fulfils the criteria. The tenderer, including all consortium members and any
proposed subcontractors, shall in no way be subject to a conflict of interest concerning the
implementation of the contract.
Evidence required
The following documents or information shall be presented as evidence of compliance with the
technical and professional capacity criteria:
 A certified list of the principle services provided in the last three years including the
value dates and recipients of the services provided.
 A declaration of availability to carry out the services during the timeframe indicated in
the Terms of Reference.
 Detailed company profile, demonstrating the ability to provide products and perform
services similar to those described in this call for tenders (i.e. specially trained
technicians, relation with manufacturing company etc.);
 List of major clients of the past three years (3) similar to the scope, size and nature as
those required in this call for tenders indicating the amounts, the dates, and the name
of the consignees i.e. public or private.
 Proof of enrolment in the relevant professional register, as prescribed by the laws of
the Member State where the tenderer is established, is required.
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4
Award of the contract
Offers are opened and evaluated by a committee, possessing the technical and administrative capacities
necessary to give an informed opinion on the offers. The committee members are nominated on a
personal basis by the ECDC under guarantee of impartiality and confidentiality. Each of them has equal
voting rights.
Only the tenders meeting the requirements of the exclusion and selection criteria will be evaluated in
terms of quality and price.
For each lot, the contract will be awarded to the tenderer who meets the requirements of these
Specifications and quotes the lowest price in relation to a reference price.
4.1
Technical proposal for Lots 1 & 2
The assessment of technical quality will be based on the ability of the tenderer to meet the purpose of the
contract as described in the terms of reference. To this end, the technical proposal shall contain the
following information to allow evaluation of the tender according to the technical criteria mentioned in
section 4.2:

Technical or commercial information (specification sheets, brochures, etc). All the office furniture
items proposed, must be supported by photographs, brochures, model/series codes/numbers,
technical specifications sheets and any other material that could assist the evaluation committee
on the relevance of technical specifications, ergonomics, quality, robustness, etc;

Information relating to the eco-friendliness of the proposed products. In this context, tenderers
should provide means of proof for:

Wooden parts made from wood that has been harvested from environmentally
sustainable managed forests;

Synthetic materials made from recycled raw material;

The amount of material that can be recycled;
Detailed description regarding the warranty periods offered, the delivery times and technical
support response availability.

The information in the technical proposal must be consistent with the terms of reference and must be
signed by the tenderer.
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4.2
Technical evaluation
The quality of technical offers will be evaluated in accordance with the award criteria and the associated
weighting as detailed in the evaluation grid below.
1. Technical Qualifications / Quality of the proposed solution
Max points
1.1
Quality, functionality and robustness of the proposed office furniture
and equipment
30
1.2
Ergonomics of the proposed items/furniture, versatility, Orthopaedics
25
1.3
Aesthetics and general look of the proposed solutions
10
1.4
Eco-friendliness of the products
10
Awarded score
2. Warranty/Technical Support
2.1
Warranty duration and terms offered,
requirements at no additional cost
above the
minimum
2.2
Delivery time response proposal
5
2.3
Technical support response availability proposal
5
TOTAL
15
100
Only tenders scoring 70 points or more (of a maximum of 100) points against the award criteria will have
their financial proposal evaluated.
Offers scoring less than 60% for any award criterion will be deemed to be of insufficient quality and
eliminated from further consideration.
4.3
Financial proposal
The financial proposal should be presented in the format found in Annex VII.
4.4
Choice of the selected tender
The contract will be awarded to the tenderer offering the best value for money, taking into account the
awarding criteria listed above. No award criteria and sub-criteria other than those detailed above will be
used to evaluate the offer.
The weighting of quality and price will be applied as follows:
Ratio for tender X
=
quality points for tender X
total reference price of tender X
Reference Price
Solely for purposes of assessment, the all-in prices quoted by the tenderer in the Price Offer which forms
Annexe VII of the Invitation to Tender will be added together in order to give a reference price.
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This reference price for both lots comprises:
Furniture item/module
Offered Price
(from annex VII
column C)
C
Weight
Reference Price
D
Office desks
15
Conference tables, round
10
Office Bookcases (open bookcase, 2 shelves)
5
Mobile drawer pedestals
10
CUPBOARD with 2doors,4 shelves
5
COAT CUPBOARD with 1 shelve, rail and mirror(left
and right doors)
10
Cable Channel Halfpipe
5
Printer stands
5
Office chairs
10
Visitors chairs
10
Orthopaedic Office Chairs
10
Partition Office Walls (screens), fabric covered
5
C*D
Total reference price
Total reference price
The reference price, which will be calculated by the ECDC and must on no account feature in the tenderer’s
bid, is used solely for the purpose of comparing the tenders received and has no contractual value. Only the
all-in prices quoted in Annex VI of the Invitation to Tender have contractual value.
4.5
No obligation to award
Completing the procedure of the call for tenders in no way imposes on the ECDC an obligation to award the
contract. The ECDC shall not be liable for any compensation with respect to tenderers whose offers have
not been accepted, nor shall ECDC be liable when deciding not to award the contract.
4.6
Notification of outcome
Each tenderer will be informed in writing about the outcome of the call for tender.
If tenderers are notified that a tender has not been successful, tenderers may request additional
information by fax or mail. At the discretion of ECDC, this information can be given in a follow-up letter
providing further details in writing, such as the name of the tenderer to whom the contract is awarded and
a summary of the characteristics and relative advantages of the successful tender. However, ECDC would
like to stress that it is not free to disclose any information affecting the commercial interests of other
tenderers.
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List of Annexes
Annex I — Draft contract
Annex II — Exclusion criteria and non-conflict of interest declaration
Annex III — Legal entity form
Annex IV — Financial identification form
Annex V — Authorised signatory form
Annex VI — Curriculum Vitae template
Annex VII — Financial proposal form
Annex VIII — Confirmation of offer submission
Annex IX — Tender submission checklist
Annex X— Photographs of the already in use office furniture
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‘Purchase of Office Furniture and associated services’
Annex I — Draft contract
The draft contract is provided solely for information. Tenderers should note that in the case that their offer is
successful the resulting contract will be based on this draft contract.
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‘Purchase of Office Furniture and associated services’
EUROPEAN CENTRE FOR DISEASE PREVENTION AND CONTROL
RMC
FRAMEWORK SERVICE CONTRACT
CONTRACT NUMBER – [complete]
The European Centre for Disease Prevention and Control (hereinafter referred to as "ECDC"),
which is represented for the purposes of the signature of this contract by Marc Sprenger,
Director,
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,]
of the other part,
HAVE AGREED
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‘Purchase of Office Furniture and associated services’
the Special Conditions and the General Conditions below and the following Annexes:
Annex I –
Tender Specifications (Invitation to Tender No [complete] of [complete])
Annex II –
Contractor's Tender (No [complete] of [complete])
Annex III –
(a) Order Form
(b) Specific Contract
which form an integral part of this 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 Annexes. The terms set out in the Tender Specifications (Annex I) shall take precedence
over those in the orders and specific contracts (Annex III), the latter taking precedence over
the Tender (Annex II).
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 ECDC, subject to the rights of the
Contractor under Article I.8 should he dispute any such instruction.
I – SPECIAL CONDITIONS
ARTICLE I.1 - SUBJECT
I.1.1 The subject of the Contract is Providing office furniture and related services to renew
and add part of its current office, conference and ancillary furniture already installed.
I.1.2 Signature of the Contract imposes no obligation on ECDC to purchase. Only
implementation of the Contract through orders and specific contracts is binding on
ECDC.
I.1.3 Once implementation of the Contract has been asked or has commenced, the
Contractor shall reply and execute the tasks in accordance with all terms and
conditions of the Contract.
I.1.4 The Contract confers on the Contractor an exclusive right to provide the services
described in Annex I to ECDC.
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ARTICLE I.2 - DURATION
I.2.1 The Contract shall enter into force on the date on which it is signed by the last
contracting party.
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 begin
before the date on which the order or specific contract enters into force.
I.2.3 The Contract is concluded for a period of one year with effect from the date on which it
enters into force. This contractual period and all other periods specified in the Contract
are calculated in calendar days unless otherwise indicated.
I.2.4 The orders or specific contracts shall be returned signed before the Contract to which
they refer expires.
I.2.5 The Contract may be renewed up to three times, each time for a period of one year,
only before expiry of the Contract and with the express written agreement of the
parties. Renewal does not imply any modification or deferment of existing obligations.
ARTICLE I.3 –PRICES
I.3.1 The prices of the services shall be as listed in Annex II.
I.3.2 Prices shall be expressed in EUR.
I.3.3 Prices shall be fixed and not subject to revision for implementation during the first year
of duration of the Contract.
From the beginning of the second year of duration of the Contract, each price may be
revised upwards or downwards each year, where such revision is requested by one of
the contracting parties by registered letter no later than three months before the
anniversary of the date on which it was signed. ECDC shall purchase on the basis of the
prices in force on the date on which orders or specific contracts are signed. Such prices
shall not be subject to revision.
This revision shall be determined by the trend in the harmonised consumer price index
EICP published for the first time by the Publications Office of the European Union in
the Eurostat monthly bulletin at http://www.ec.europa.eu/eurostat/.
Revision shall be calculated in accordance with the following formula:
Ir
Pr = Po (0,2+0,8 — )
Io
where:
Pr =
revised price;
Po =
price in the original tender;
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‘Purchase of Office Furniture and associated services’
Io =
index for the month in which the validity of the tender expires
Ir
index for the month in which the revised prices take effect.
=
ARTICLE I.4 – IMPLEMENTATION OF THE CONTRACT
I.4.1 Within five working days of an order form being sent by ECDC to the Contractor, ECDC
shall receive it back, duly signed and dated. The period allowed for the execution of the
tasks shall start to run on the date the Contractor signs the order form, unless a
different date is indicated on the form.
I.4.2 Within three working days of a request for services being sent by ECDC to the
Contractor, ECDC shall receive an estimate of the resources to be allocated for its
execution, with particulars in support.
Within ten working days of a specific contract being sent by ECDC to the Contractor,
ECDC shall receive it back, duly signed and dated.
ARTICLE I.5 – PAYMENT PERIODS
Payments under the Contract shall be made in accordance with Article II.4. Payments shall be
executed only if the Contractor has fulfilled all his contractual obligations by the date on
which the invoice is submitted. Payment requests may not be made if payments for previous
orders or specific contracts have not been executed as a result of default or negligence on the
part of the Contractor.
I.5.1 Pre-financing: not applicable
I.5
Monthly payments:
Requests for a monthly payment by the Contractor in accordance with the instructions laid
down in Annex I shall be admissible if accompanied by:



standard monthly timesheets
statements of reimbursable expenses in accordance with Article II.7
the relevant invoice, indicating the reference number of the Contract and of the order or
specific contract to which it refers.
provided the report has been approved by ECDC.
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‘Purchase of Office Furniture and associated services’
ECDC shall have 30 days from receipt to approve or reject the report and to pay the
monthly invoice. The Contractor shall have 5 days in which to submit additional
information or a new report
I.5. Payment of the balance: Not applicable
ARTICLE I.6 – BANK ACCOUNT
Payments shall be made to the Contractor’s bank account denominated in euro, identified as
follows:
Name of bank: [complete]
Address of branch in full: [complete]
Exact designation of account holder: [complete]
Full account number including codes: [complete]
IBAN code: [complete]
ARTICLE I.7 – GENERAL ADMINISTRATIVE PROVISIONS
Any communication relating to the Contract or to its implementation shall be made in writing
and shall bear the Contract and order or specific contract numbers. Ordinary mail shall be
deemed to have been received by ECDC on the date on which it is registered by the
department responsible indicated below. Communications shall be sent to the following
addresses:
ECDC:
ECDC
Attn: Katerina Karypidou171 83 Stockholm
Sweden
Contractor:
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‘Purchase of Office Furniture and associated services’
Mr/Mrs/Ms [complete]
[Function]
[Company name]
[Official address in full]
ARTICLE I.8 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES
I.8.1 The Contract shall be governed by Union law, complemented, where necessary, by the
national substantive law of Sweden.
I.8.2 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
Sweden.
ARTICLE I.9 – DATA PROTECTION
Any personal data included in or relating to the Contract, including its execution, shall be
processed pursuant to Regulation (EC) No 45/2001 on the protection of individuals with
regard to the processing of personal data by the Community institutions and bodies and on
the free movement of such data. It shall be processed solely for the purposes of the
performance, management and follow-up of the Contract by ECDC without prejudice to
possible transmission to internal audit services, to the Court of Auditors, to the Financial
Irregularities Panel and/or to the European Anti-Fraud Office (OLAF) for the purposes of
safeguarding the financial interests of the Union. The Contractor shall have the right of access
to his personal data and the right to rectify any such data that is inaccurate or incomplete.
Should the Contractor have any queries concerning the processing of his personal data, he
shall address them to ECDC. The Contractor shall have right of recourse at any time to the
ECDC Data Protection Supervisor.
ARTICLE I.10 – TERMINATION BY EITHER CONTRACTING PARTY
Either contracting party may, of its own volition and without being required to pay
compensation, terminate the Contract by serving 6 (six) formal prior notice. Should ECDC
terminate the Contract, the Contractor shall only be entitled to payment corresponding to the
services ordered before the termination date. 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 Conditions for the services rendered up to the date on which termination takes
effect, within a period not exceeding sixty days from that date.
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ARTICLE I.10a – CONTRACT CONCLUDED DURING STANDSTILL PERIOD
In case this Contract was signed by both ECDC and the Contractor before the expiry of 14
calendar days from the day after simultaneous dispatch of information about the award
decisions and decisions to reject, this Contract shall be null and void.
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II – GENERAL CONDITIONS
ARTICLE II. 1 – PERFORMANCE OF THE CONTRACT
II.1.1 The Contractor shall perform the Contract to the highest professional standards. The
Contractor shall have sole responsibility for complying with any legal obligations
incumbent on him, 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 are to be executed.
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 staff performing the Contract has the professional
qualifications and experience required for the execution of the tasks assigned to him.
II.1.5 The Contractor shall neither represent ECDC 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 public service.
II.1.6 The Contractor shall have sole responsibility for the staff who execute the tasks
assigned to him.
The Contractor shall make provision for the following employment or service
relationships with his staff:

staff executing the tasks assigned to the Contractor may not be given orders
direct by ECDC;

ECDC 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 ECDC any right
arising from the contractual relationship between ECDC 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 ECDC premises 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
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‘Purchase of Office Furniture and associated services’
Contractor shall replace him without delay. ECDC shall have the right to request the
replacement of any such member of staff, stating its 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 resulting from the replacement of
staff in accordance with this Article.
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 ECDC. The report shall include a
description of the problem and an indication of the date on which it started and of the
remedial action taken by the Contractor to ensure full compliance with his obligations
under the Contract. In such 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 in accordance
with the provisions laid down therein, ECDC may - without prejudice to its right to
terminate the Contract - reduce or recover payments in proportion to the scale of the
failure. In addition, ECDC may impose penalties or liquidated damages provided for in
Article II.16.
ARTICLE II. 2 – LIABILITY
II.2.1 ECDC 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 the part of
ECDC.
II.2.2 The Contractor shall be liable for any loss or damage caused by himself in performance
of the Contract, including in the event of subcontracting under Article II.13. ECDC shall
not be liable for any act or default on the part of the Contractor in performance of the
Contract.
II.2.3 The Contractor shall provide compensation in the event of any action, claim or
proceeding brought against ECDC by a third party as a result of 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 ECDC in connection with
performance of the Contract, the Contractor shall assist ECDC. Expenditure incurred by
the Contractor to this end may be borne by ECDC.
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
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‘Purchase of Office Furniture and associated services’
take out supplementary insurance as reasonably required by standard practice in the
industry. A copy of all the relevant insurance contracts shall be sent to ECDC should it
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 conflict of
interests could 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 interests which could arise during performance of the Contract must be
notified to ECDC in writing without delay. In the event of such conflict, the Contractor
shall immediately take all necessary steps to resolve it.
ECDC reserves the right to verify that such measures are adequate and may require
additional measures to be taken, if necessary, within a time limit which it shall set. The
Contractor shall ensure that his staff, board and directors are not placed in a situation
which could give rise to conflict of interests. Without prejudice to Article II.1 the
Contractor shall replace, immediately and without compensation from ECDC, 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.
II.3.3 The Contractor declares:


that he has not made and will not make any offer of any type whatsoever from
which an 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, board,
and directors as well as to third parties involved in performance of the Contract. A
copy of the instructions given and the undertakings made in this respect shall be sent
to ECDC should it so request.
ARTICLE II. 4 – INVOICING AND PAYMENTS
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II.4.1 Pre-financing:
Where required by Article I.5.1, the Contractor shall provide a financial guarantee in the
form of a bank guarantee or equivalent supplied by a bank or an authorised financial
institution (guarantor) equal to the amount indicated in the same Article to cover prefinancing under the Contract. Such guarantee may be replaced by a joint and several
guarantee by a third party.
The guarantor shall pay to ECDC at its request an amount corresponding to payments made
by it to the Contractor which have not yet been covered by equivalent work on his part.
The guarantor shall stand as first-call guarantor and shall not require ECDC to have
recourse against the principal debtor (the Contractor).
The guarantee shall specify that it enters into force at the latest on the date on which the
Contractor receives the pre-financing. ECDC shall release the guarantor from its obligations
as soon as the Contractor has demonstrated that any pre-financing has been covered by
equivalent work. The guarantee shall be retained until the pre-financing has been deducted
from interim payments or payment of the balance to the Contractor. It shall be released the
following month. The cost of providing such guarantee shall be borne by the Contractor.
II.4.2 Interim payment:
At the end of each of the periods indicated in Annex I the Contractor shall submit to ECDC a
formal request for payment accompanied by those of the following documents which are
provided for in the Special Conditions:
 an interim technical report in accordance with the instructions laid down in Annex I;
 the relevant invoices indicating the reference number of the Contract and of the order
or specific contract to which they refer;
 statements of reimbursable expenses in accordance with Article II.7.
If the report is a condition for payment, on receipt ECDC shall have the period of time
indicated in the Special 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 report.
If ECDC does not react within this period, the report shall be deemed to have been
approved. Approval of the report does not imply recognition either of its regularity or of
the authenticity, completeness or correctness of the declarations or information enclosed.
Where ECDC requests a new report because the one previously submitted has been
rejected, this shall be submitted within the period of time indicated in the Special
Conditions. The new report shall likewise be subject to the above provisions.
II.4.3 Payment of the balance:
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Within sixty days of completion of the tasks referred to in each order or specific contract,
the Contractor shall submit to ECDC a formal request for payment accompanied by those of
the following documents, which are provided for in the Special Conditions:
 a final technical report in accordance with the instructions laid down in Annex I;
 the relevant invoices indicating the reference number of the Contract and of the order
or specific contract to which they refer;
 statements of reimbursable expenses in accordance with Article II.7.
If the report is a condition for payment, on receipt ECDC shall have the period of time
indicated in the Special 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 report.
If ECDC does not react within this period, the report shall be deemed to have been
approved. Approval of the report does not imply recognition either of its regularity or of
the authenticity, completeness or correctness of the declarations and information enclosed.
Where ECDC requests a new report because the one previously submitted has been
rejected, this shall be submitted within the period of time indicated in the Special
Conditions. The new report shall likewise be subject to the above provisions.
ARTICLE II. 5 – GENERAL PROVISIONS CONCERNING PAYMENTS
II.5.1 Payments shall be deemed to have been made on the date on which ECDC's account is
debited.
II.5.2 The payment periods referred to in Article I.5 may be suspended by ECDC at any time if
it informs the Contractor that his payment request is not admissible, either because the
amount is not due or because the necessary supporting documents have not been
properly produced. In case of doubt on the eligibility of the expenditure indicated in
the payment request, ECDC may suspend the time limit for payment for the purpose of
further verification, including an on-the-spot check, in order to ascertain, prior to
payment, that the expenditure is eligible.
ECDC 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.5 shall begin to run again once the suspension has been lifted.
II.5.3 In the event of late payment the Contractor shall be entitled to interest, provided the
calculated interest exceeds EUR 200. In case 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 most recent
main refinancing operations (“the reference rate”) plus seven percentage points (“the
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‘Purchase of Office Furniture and associated services’
margin”). The reference rate in force on the first day of the month in which the
payment is due shall apply. Such 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 ECDC may not be deemed to constitute late
payment.
ARTICLE II. 6 – RECOVERY
II.6.1 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 ECDC.
II.6.2 In the event of failure to pay by the deadline specified in the request for
reimbursement, the sum due shall bear interest at the rate indicated in Article II.5.3.
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.6.3 In the event of failure to pay by the deadline specified in the request for
reimbursement, ECDC 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 that is certain, of a fixed amount and due.
ECDC may also claim against the guarantee, where provided for.
ARTICLE II. 7 - REIMBURSEMENTS
II.7.1 Where provided by the Special Conditions or by Annex I, ECDC shall reimburse the
expenses that are directly connected with execution of the tasks on production of
original supporting documents, including receipts and used tickets.
II.7.2 Travel and subsistence expenses shall be reimbursed, where appropriate, on the basis
of the shortest itinerary.
II.7.3 Travel expenses shall be reimbursed as follows:
a) travel by air shall be reimbursed up to the maximum cost of an economy class ticket
at the time of the reservation;
b) travel by boat or rail shall be reimbursed up to the maximum cost of a first class
ticket;
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‘Purchase of Office Furniture and associated services’
c) travel by car shall be reimbursed at the rate of one first class rail ticket for the same
journey and on the same day;
d) travel outside Union territory shall be reimbursed under the general conditions
stated above provided ECDC has given its prior written agreement.
II.7.4 Subsistence expenses shall be reimbursed on the basis of a daily allowance as follows:
a) for journeys of less than 200 km (return trip) no subsistence allowance shall be
payable;
b) daily subsistence allowance shall be payable only on receipt of a supporting
document proving that the person concerned was present at the place of destination;
c) daily subsistence allowance shall take the form of a flat-rate payment to cover all
subsistence expenses, including accommodation, meals, local transport, insurance
and sundries;
d) daily subsistence allowance, where applicable, shall be reimbursed at the rate
specified in Article I.3.
II.7.5 The cost of shipment of equipment or unaccompanied luggage shall be reimbursed
provided ECDC has given prior written authorisation.
ARTICLE II. 8 – OWNERSHIP OF THE RESULTS - INTELLECTUAL AND INDUSTRIAL
PROPERTY
Any results or rights thereon, including copyright and other intellectual or industrial property
rights, obtained in performance of the Contract, shall be owned solely by the Union, which
may use, publish, assign or transfer them as it sees fit, without geographical or other
limitation, except where industrial or intellectual property rights exist prior to the Contract
being entered into.
ARTICLE II. 9 – CONFIDENTIALITY
II.9.1. 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
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of the Contract. The Contractor shall continue to be bound by this undertaking after
completion of the tasks.
II.9.2. 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.10 - USE, DISTRIBUTION AND PUBLICATION OF INFORMATION
II.10.1 The Contractor shall authorise ECDC to process, use, distribute and publish, for
whatever purpose, by whatever means and on whatever medium, any data contained
in or relating to the Contract, in particular the identity of the Contractor, the subject
matter, the duration, the amount paid and the reports. Where personal data is
concerned, Article I.9 shall apply.
II.10.2 Unless otherwise provided by the Special Conditions, ECDC shall not be required to
distribute or publish documents or information supplied in performance of the
Contract. If it decides not to publish the documents or information supplied, the
Contractor may not have them distributed or published elsewhere without prior
written authorisation from ECDC.
II.10.3 Any distribution or publication of information relating to the Contract by the
Contractor shall require prior written authorisation from ECDC and shall mention the
amount paid by the Union. It shall state that the opinions expressed are those of the
Contractor only and do not represent ECDC's official position.
II.10.4 The use of information obtained by the Contractor in the course of the Contract for
purposes other than its performance shall be forbidden, unless ECDC has specifically
given prior written authorisation to the contrary.
ARTICLE II. 11 – TAXATION
II.11.1 The Contractor shall have sole responsibility for compliance with the tax laws which
apply to him. Failure to comply shall make the relevant invoices invalid.
II.11.2 The Contractor recognises that ECDC is, 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.
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II.11.3 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.11.4 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. 12 – FORCE MAJEURE
II.12.1 Force majeure shall mean any unforeseeable and exceptional situation or event
beyond the control of the contracting parties which prevents either of them from
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 cannot be invoked
as force majeure unless they stem directly from a relevant case of force majeure.
II.12.2 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 acknowledgment of receipt or equivalent, stating the nature, likely duration and
foreseeable effects.
II.12.3 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.12.4 The contracting parties shall take the necessary measures to reduce damage to a
minimum.
ARTICLE II. 13 – SUBCONTRACTING
II.13.1 The Contractor shall not subcontract without prior written authorisation from ECDC
nor cause the Contract to be performed in fact by third parties.
II.13.2 Even where ECDC authorises the Contractor to subcontract to third parties, he shall
none the less remain bound by his obligations to ECDC under the Contract and shall
bear exclusive liability for proper performance of the Contract.
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II.13.3 The Contractor shall make sure that the subcontract does not affect rights and
guarantees to which ECDC is entitled by virtue of the Contract, notably Article II.17.
ARTICLE II. 14 – ASSIGNMENT
II.14.1 The Contractor shall not assign the rights and obligations arising from the Contract, in
whole or in part, without prior written authorisation from ECDC.
II.14.2 In the absence of the authorisation referred to in 1 above, 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 ECDC.
ARTICLE II. 15 – TERMINATION BY ECDC
II.15.1ECDC may terminate the Contract, a pending order 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 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 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 ECDC has evidence or seriously suspects the Contractor or any related entity or
person, of professional misconduct;
(d)
where ECDC has evidence or seriously suspects the Contractor or any related entity or
person, of fraud, corruption, involvement in a criminal organisation or any other illegal
activity detrimental to the Union's financial interests;
(e)
where ECDC has evidence or seriously suspects the Contractor or any related entity or
person, of substantial errors, irregularities or fraud in the award procedure or the
performance of the Contract;
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‘Purchase of Office Furniture and associated services’
(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 ECDC 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 ECDC’s opinion, have a significant effect on the performance of the Contract;
(i)
where execution of the tasks under a pending order 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 ECDC;
(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 to remedy the
failure within a reasonable period following receipt of the formal notice, remains in
serious breach of his contractual obligations.
II.15.2 In case of force majeure, notified in accordance with Article II.12, 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.15.3 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.15.4 Consequences of termination:
In the event of ECDC terminating the Contract or a pending order 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 work. 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 Conditions for the tasks executed up
to the date on which termination takes effect, within a period not exceeding sixty
days from that date.
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ECDC may claim compensation for any damage suffered and recover any sums paid to
the Contractor under the Contract.
On termination ECDC may engage any other contractor to execute or complete the
services. ECDC 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.15a – SUBSTANTIAL ERRORS, IRREGULARITIES AND FRAUD ATTRIBUTABLE
TO THE CONTRACTOR
Where, after the award of the Contract, the award procedure or the performance of the
Contract prove to have been subject to substantial errors, irregularities or fraud, and where
such errors, irregularities or fraud are attributable to the Contractor, ECDC may refuse to
make payments, may recover amounts already paid or may terminate all the contracts
concluded with the Contractor, in proportion to the seriousness of the errors, irregularities of
fraud.
ARTICLE II. 16 – 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 ECDC's right to terminate the Contract, ECDC may
decide to impose liquidated damages of 0.2% of the amount of the relevant purchase per
calendar day of delay. 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 part or of written withdrawal by ECDC within thirty days of
the receipt of such arguments, the decision imposing the liquidated damages shall become
enforceable. These liquidated damages shall not be imposed where there is provision for
interest for late completion. ECDC 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.
ARTICLE II. 17 – CHECKS AND AUDITS
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‘Purchase of Office Furniture and associated services’
II.17.1 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 Union from signature of the Contract up to five years after payment of the
balance of the last implementation.
II.17.2 ECDC or an outside body of its choice shall have the same rights as the Court of
Auditors for the purpose of checks and audits limited to compliance with contractual
obligations from signature of the Contract up to five years after payment of the
balance of the last implementation.
II.17.3 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.
ARTICLE II. 18 – AMENDMENTS
Any amendment to the Contract shall be the subject of a written agreement concluded by the
contracting parties. An oral agreement shall not be binding on the contracting parties. An
order or a specific contract may not be deemed to constitute an amendment to the Contract.
ARTICLE II. 19 – SUSPENSION OF THE CONTRACT
Without prejudice to ECDC's right to terminate the Contract, ECDC may at any time and for
any reason suspend execution of the Contract, pending orders or specific contracts or any part
thereof. Suspension shall take effect on the day the Contractor receives notification by
registered letter with acknowledgment of receipt or equivalent, or at a later date where the
notification so provides. ECDC may at any time following suspension give notice to the
Contractor to resume the work suspended. The Contractor shall not be entitled to claim
compensation on account of suspension of the Contract, of the orders or specific contracts, or
of part thereof.
SIGNATURES
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For the Contractor,
For ECDC ,
[Company
name/forename/surname/function]
Marc Sprenger, Director
signature:_______________________
signature[s]: _______________________
Done at __________, [date]__________
Done at Stockholm, [date]____________
In duplicate in English.
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‘Purchase of Office Furniture and associated services’
ORDER FORM No [complete] – [ECD.XXXX]
governed by the provisions of Framework Contract No [complete] signed on [complete]
ECDC:
Mr/Mrs/Ms [complete]
European Centre for Disease
Prevention and Control
[Function]
Attn: Katerina Karypidou
[Official address in full]
[Company name]
171 83 Stockholm, Sweden
Pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Union,
ECDC is exempt from all taxes and dues, including value added tax, on payments due in respect of this order form.
[In Belgium, use of this order form constitutes a request for VAT exemption. The invoice must include the following statement:
"Commande destinée à l'usage officiel de l'Union européenne. Exonération de la TVA; article 42 § 3.3 du code de la TVA".]
Description of the services
Quantity
Price
TOTAL PRICE
[Fixed price without reimbursable costs] [Reimbursable costs up to a maximum amount of EUR … to
be added to the price according to the conditions laid down in the Contract]
[The duration of the tasks shall not Other details:
exceed complete].
[Execution of the tasks shall start from
[the date of Contractor’s signature of
this order form] [complete date].]
Acceptance of this order implies that the Contractor waives all other terms of business or of execution
of the services.
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‘Purchase of Office Furniture and associated services’
For ECDC,
For the Contractor,
[forename/surname/function]
[Company
name/forename/surname/function]
signature[s]:_____________________
signature[s]: __________________________
Done at Stockholm, [date]__________
Done at [place]________, [date]___________
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Annex II — Exclusion criteria and non-conflict of interest declaration
TO BE COMPLETED AND SIGNED BY THE TENDERER
The undersigned:________________________________________________________________________
 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
 representing (if the economic operator is a legal person)
official name in full (only for legal person): ____________________________________________________
official legal form (only for legal person): ______________________________________________________
official address in full: ____________________________________________________________________
VAT registration number: __________________________________________________________________
declares that the company or organisation that he/she represents he/she:
a) is not bankrupt or being wound up, is not having 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 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 it is established,
with those of the country of the contracting authority and those of the country where the contract
is to be carried out;
e) has not been the subject of a judgement which has the force of res judicata for fraud, corruption,
involvement in a criminal organisation or any other illegal activity detrimental to the Communities’
financial interests;
f)
is not a subject of the administrative penalty for being guilty of misrepresentation in supplying the
information required by the contracting authority as a condition of participation in the
procurement procedure or failing to supply an information, or being declared to be in serious
breach of his obligation under contract covered by the budget.
In addition, the undersigned declares on their honour:
g) they have 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) they will inform the contracting authority, without delay, of any situation considered a conflict of
interest or which could give rise to a conflict of interest;
i)
they have not made and will not make any offer of any type whatsoever from which an advantage
can be derived under the contract;
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‘Purchase of Office Furniture and associated services’
j)
they have not granted and will not grant, have not sought and will not seek, have not attempted
and will not attempt to obtain, and have not accepted and will not 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 award of the contract;
k) that the information provided to ECDC within the context of this invitation to tender is accurate,
sincere and complete;
l)
that in case of award of contract, they shall provide the evidence that they are not in any of the
situations described in points a, b, d, e above.
For 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 (a), (b), (d) or (e), where any document described in 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 his country of origin or provenance.
By signing this form, the undersigned acknowledges that they have been acquainted with the
administrative and financial penalties described under art 133 and 134 b of the Implementing Rules
(Commission Regulation 2342/2002 of 23/12/02), which may be applied if any of the declarations or
information provided prove to be false.
_________________
_______________
______________________
Full name
Date
Signature
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Annex III — Legal entity form
Please download and complete the appropriate legal entity form:
For individuals: http://ec.europa.eu/budget/library/execution/legal_entities/idlegent_pp_en.pdf
For private companies: http://ec.europa.eu/budget/library/execution/legal_entities/idlegent_pris_en.pdf
For public entities: http://ec.europa.eu/budget/library/execution/legal_entities/idlegent_pub_en.pdf
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‘Purchase of Office Furniture and associated services’
Annex IV — Financial identification form
Please download and complete the financial identification form available at:
http://ec.europa.eu/budget/library/execution/financial_identification/fich_sign_ba_gb_en.pdf
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Annex V — Authorised signatory form
Address and contact details
Tenderer Name
Address
Post Code
Tel
Fax
Email
Web Site (if applicable)
Legal Status
Contact person for this tender
Legal signatory(ies)
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Annex VI — Curriculum Vitae template
A template of ECDC’s preferred Curriculum Vitae format is available from:
http://europass.cedefop.europa.eu/europass/home/vernav/Europass+Documents/Europass+CV.csp
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‘Purchase of Office Furniture and associated services’
Annex VII — Financial proposal form
Company:
_________________________________________
Date:
_________________________________________
Signature:
_________________________________________
Prices should be quoted free of all duties, taxes and other charges including VAT, as the ECDC is exempt
from such charges under Article 3 and 4 of the Protocol on the Privileges and Immunities of the European
Union. (See section 2.3.5).
The total price must be fixed and include all costs (transport, delivery, unpacking, mounting, technical
support during warranty period etc.) incurred directly and indirectly by the contractor in performance of the
tasks.In particular, unit prices for services provided on the contractor’s premises and in the Contracting
Authorities' premises in Stockholm must also include travel and accommodation costs. ]
Each box of the table below must be filled in with a single figure, in EUROs exclusive of VAT, without any
comment, addition or supplementary cost.
Tenderers should note that price offers which do not meet the abovementioned conditions will be regarded
as inadmissible and that this will result in rejection.
The total financial evaluation will be based on the financial scenario provided in the following table. The
quantities and approximated dimensions of each item specified in this table are provided for evaluation
purposes only and do not reflect the real or final quantities of the furniture that will be purchased during this
framework supply contract.
Please only use this form. Date and sign it.
For both Lots 1 & 2
Category
1.Working
desks/tables
2.Storage
Furniture
Furniture
item/module
Model/Series/Code
Approx.
Dimensions
Office desks
≥1800X900MM
Conference
tables, round
≥1200x800MM
Office
Bookcases
(open
bookcase, 2
shelves)
≥1200X400X750MM
Mobile drawer
pedestals
≥430 X 620 X 520
MM
CUPBOARD
with 2doors,4
shelves
≥800X400
MM
X
Price/item €
without VAT
(list price)
Discount
offered
(%)
Offered
Price
A
B
C=A*B
820
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‘Purchase of Office Furniture and associated services’
COAT
CUPBOARD
with 1 shelve,
rail
and
mirror(left and
right doors)
≥400X640X820MM
≥1470MM
3.Accessories
Cable
Channel
Halfpipe
Printer stands
4. Chairs
≥1200x400x1150MM
Office chairs
Visitors chairs
Orthopaedic
Office Chairs
5.Dividers
Partition
Office Walls
(screens),
1800X330X480MM
fabric
covered
Partition
Office Walls
(screens),
≥1580X800MM
fabric
covered
General
discount on
all
other
catalogue
items
in
percentage:
.
NOTE: The requirements of ECDC are not limited to the articles mentioned. Articles outside these lists may
well be required. All deliveries must be free of charge and free of any administrative costs
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‘Purchase of Office Furniture and associated services’
Annex VIII — Confirmation of offer submission
In order to keep track of offers due to arrive, tenderers who do not hand deliver their offers are requested
to complete and return this form by fax or email.
Purchase of Office Furniture and associated services
Publication Reference: [OJ/10/06/2011-PROC/2011/047
Attn:
ECDC, Attention to the Procurement Office
Fax:
Fax: +46 8 586 01 001
Email: procurement@ecdc.europa.eu
I have submitted an offer for this call on ___/___/___ using the following delivery service:
•
Registered mail
•
Express mail
•
Courier Service
•
Other ____________________________
Tenderer name:
email:
Telephone number:
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Annex IX — Tender submission checklist
The checklist must be used to ensure that you have provided all the documentation for this tender and in the correct
way. This checklist should be signed and included in Envelope A of your offer.
You must submit your offer in one outer envelope which contains 3 separate inner envelopes clearly marked
Envelopes A, B and C.
Please Tick  the boxes provided
Envelope ‘A’ – Administrative documents – must contain

The duly completed, signed and dated Exclusion Criteria and Non-Conflict of Interest
Declaration.

The duly completed, signed and dated Legal Entity Form(s)

The duly completed, signed and dated Financial Identification Form

The economic and financial capacity documents requested in section 3.2.2

The technical and professional capacity documents requested in section 3.2.3.

The duly completed Authorised Signatory Form

In the case of consortia, a consortium agreement and any other documents as requested in
section 1.4

This tender submission checklist, completed, signed and dated.
Envelope ‘B’ – Technical proposal – must contain

One original signed copy and 4 copies of the technical proposal.
Envelope ‘C’ – Financial proposal – must contain

One original signed copy and 4 copies of the financial proposal.
You should also ensure that:

Your offer is formulated in one of the official languages of the European Union.

Both the technical and financial proposals of the offer are signed by the tenderer or his duly
authorised agent.

Your offer is perfectly legible in order to rule out any ambiguity.

Your offer is submitted in accordance with the double envelope system as detailed in section
1.6.1.

The outer envelope bears the information detailed in section 1.6.1.
Name:
Signature:
Date:
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Annex X— Photographs of the already in use office furniture
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