FREQUENTLY ASKED QUESTIONS Contract notice: OJEU 2015/S 060-104704 Invitation to tender No. ENER/C1/2015-542 concerning Framework Contract for Assessment of voluntary schemes and agreements used for sustainability claims Time-limit for receipt of tenders: 04/05/2015 Last update 28/04/2015 Question 1. One of the consortium partners participating in the call for tenders is a certification company providing services of certification in accordance with two of the approved voluntary schemes. Is this considered a conflict of interest? Answer 1. In our opinion there is a potential conflict of interest. Question 2. The minimum criteria for the profile of the project manager include "experience in project of a similar coverage (geographical scope at least half of the one subject to this call for tenders)". Can you specify what is the geographical scope of this call for tenders, i.e. what are the minimum requirements for experience of the project manager in relation to this criterion? Answer 2. The tender does not set out the geographical scope and therefore no minimum requirements for experience of the project manager in relation to this criterion (coverage of geographical scope) apply. Question 3. Would owners of already recognized voluntary schemes be excluded due to general conflict of interests? Answer 3. - If yes, would that be true, if the scheme is only a partial scheme (e.g. limited to GHG calculation)? - If yes, would that be still true, if the scheme owner is one of two partners jointly participating this tender procedure and the scheme owner will not be involved in tasks dealing with the assessment of voluntary schemes including criteria covered by the scheme owner’s partial scheme (e.g. only GHG calculation) and / or the scheme owner is only subcontractor within the tender? In our opinion the involvement of a contractor, partner, or subcontractor in an existing voluntary scheme is a potential conflict of interest regardless whether the scope of this scheme is only partial or it has already been recognised. This in our view holds for all tasks covered by this framework contract. 1 Question 4. Is a joint tender possible (as laid down in the tender specifications point 1.3) whereas the TED portal explains under II.1.4) Information on framework agreement: Framework agreement with a single operator. Answer 4. A joint tender is possible. The provision referred to above provides that the framework agreement will be concluded only with one operator who can also represent a consortium. All specific contracts to be concluded under this framework agreement can only be concluded with this single operator. Question 5. What is the expected weight in time spent on each of the Tasks 1-5? Answer 5. The contract to be awarded is a framework contract, to be implemented through specific requests only. This means that the extent and volume of tasks will be rather be defined in each specific request, and not in the framework contract. Currently, bearing also in mind that the framework contract is to be concluded for 4 years, the Commission does not have at its disposal the complete overview of the future needs. Therefore, it is not possible at this stage to weight the tasks with regard to the time spent on each of them. Question 6. Based on previous experience, could you provide an estimate of the number of meetings between the contractor and in Brussels during the contract period? Answer 6. We expect that the number of meetings in Brussels will be limited. Question 7. Does the Commission envision a logical (chronological) order for Tasks 1-5, and what is that order? Answer 7. The Commission cannot at this stage make statements on the chronological order of future requests. Please refer to answer 5. Question 8. Task 2: In relation to task 2, an assessment of relevant data in relation sustainability as referred to in Art. 18(4) 2nd sub-paragraph, 2nd sentence of Directive 2009/28/EC is requested. The detailed task description refers to a methodology that will be provided by the Commissions. Will physical visits (audits) to voluntary standards’ offices or to other stakeholders, be considered being part of this methodology? Answer 8. The contractors are not expected to conduct audits at voluntary standards’ offices or to other stakeholders. Question 9. Task 3: On bilateral agreements. Could you provide an estimate on the number of requests from third countries (under Task 3) that the Commission may receive during the contract period? Answer 9. It is not possible to indicate the number of requests from third countries. 2 Question 10. Task 5: Does the Commission expect that physical meetings will be necessary as part of the stakeholder consultation in Task 5? Answer 10. Physical meetings are not mandatorily required in the tender specifications but could of course be part of the approach proposed by the contractor in the tender. 3