EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR MARITIME AFFAIRS AND FISHERIES
MEDITERRANEAN AND BLACK SEA
MARITIME POLICY MEDITERRANEAN AND BLACK SEA
Brussels,
MARE D1/AV D(2010)
OPEN CALL FOR TENDERS
No MARE/2010/05
"Costs and benefits arising
from the establishment of
maritime zones in the
Mediterranean Sea"
TENDERING
SPECIFICATIONS
1
1
2
3
4
INTRODUCTION ....................................................................................................... 3
1.1
General information concerning the call for tenders ......................................... 3
1.2
General information concerning the contract .................................................... 3
TECHNICAL SPECIFICATIONS .............................................................................. 4
2.1
Context .............................................................................................................. 4
2.2
Description of work ........................................................................................... 9
2.3
Work packages and timeframe ........................................................................ 12
2.4
Volume ............................................................................................................ 13
TERMS AND CONDITIONS APPLICABLE TO THE CALL FOR
TENDERS ................................................................................................................. 14
3.1
Tenders ............................................................................................................ 14
3.2
Prices ............................................................................................................... 14
3.3
Joint tenders ..................................................................................................... 15
3.4
Subcontractors ................................................................................................. 15
3.5
Contacts ........................................................................................................... 16
EVALUATION AND AWARD OF THE CONTRACT .......................................... 16
4.1
Identification of the tenderers .......................................................................... 17
4.2
Exclusion criteria ............................................................................................. 17
4.3
4.4
4.2.1
Exclusion from participation in the procurement procedure ............. 18
4.2.2
Exclusion from award of the contract................................................ 19
Selection criteria .............................................................................................. 20
4.3.1
Economic and financial capacity ....................................................... 20
4.3.2
Technical and professional capacity .................................................. 21
Award criteria .................................................................................................. 22
4.4.1
Technical evaluation .......................................................................... 22
4.4.2
Financial evaluation ........................................................................... 24
4.4.3
Award of the contract ........................................................................ 24
1
1.1
INTRODUCTION
General information concerning the call for tenders
The European Commission, represented for the purposes of this call for tenders by
the Directorate-General for Maritime Affairs and Fisheries (DG MARE), wishes to
conclude a service contract for a study on the costs and benefits arising from the
establishment of maritime zones in the Mediterranean Sea.
Brief description of the context and purpose of the contract:
At present, a large part of the Mediterranean marine space is made up of High Seas.
It appears that approximately 16% of the marine space is made up of Territorial Sea
and 31% is made up of diverse maritime zones. While some States have refrained
from exercising the right granted by the United Nations Convention on the Law of
the Sea (UNCLOS) to proclaim an Exclusive Economic Zone (EEZ), others have
created such a zone. Others again have chosen to claim only certain rights and
obligations comprised in the exclusive economic zone regime, such as those relating
to fisheries (fishing zone) or those relating to the protection of the marine
environment (ecological protection zone). The balance of rights and duties of a State
with respect to activities taking place in the sea, and the protection of the marine
environment, will depend on the different maritime zones. The existence, or not, of a
maritime zone, in turn results in a diversity of costs and benefits, be they of an
economic, social or environmental nature.
In this context and in order to further sustain the improvement of governance of the
marine space, this study shall contribute to building further knowledge on costs and
benefits arising from the extension of jurisdiction by coastal States in the
Mediterranean. The study should address the different types of existing maritime
zones, rights and duties of Mediterranean coastal States, scenarios for potential
further extensions of jurisdiction, and corresponding costs and benefits (namely
political, economic, social and environmental) arising at the national, sub-regional
and regional sea-basin levels. The study should come to a detailed qualification of
the costs and benefits involved, be they of a direct or indirect nature, and an ensuing
quantification of such costs and benefits, where possible, providing justifications
accordingly. Conclusions should shed light on whether the extension of jurisdiction
by coastal States is a viable course of action or not from a cost/benefit perspective.
Recommendations should then be elaborated accordingly.
Joint tenders and subcontracting are authorised.
The services required are described in detail in section 2 of these specifications.
1.2
General information concerning the contract
The contractual terms are included in the draft contract in Annex 1.
Duration of the contract: 12 months
3
Terms of payment:
Pre-financing:10%
Interim payment 1 (following the approval by the Commission of the 1st interim
report): 10%
Interim payment 2 (following the approval by the Commission of the 2nd interim
report): 30%
Payment of the balance (following the approval by the Commission of the final
report): 50%
2
2.1
TECHNICAL SPECIFICATIONS
Context
Background:
Within the framework of the EU Integrated Maritime Policy (IMP)1, the European
Commission has adopted a Communication to the Council and European Parliament,
entitled "Towards an Integrated Maritime Policy for better governance in the
Mediterranean"2. This Communication identifies a number of challenges calling for
an improvement in the way maritime affairs are governed in the Mediterranean basin.
It proposes in turn a set of actions aimed at driving coastal States towards a more coordinated and holistic approach to the management of activities impacting on the sea
and coasts.
One of the specific challenges brought forward in the abovementioned
Communication is the current situation with respect to governance of the marine
space in the Mediterranean basin. Particular emphasis is placed on issues relating to
the rights and duties of the coastal States established under UNCLOS and the
challenges for application in the Mediterranean Sea, whereby a large part of the
marine space is High Seas waters. Specific issues arise thereafter with respect to
maritime governance, particularly as concerns the protection of the marine
environment, fisheries management and control, and energy development in those
maritime areas outside the jurisdiction or sovereign rights of coastal States. Greater
responsibility from the part of coastal States for the management of the waters
adjacent to their territorial sea, such as for instance through the establishment of an
EEZ, could potentially be beneficial if carried out in accordance with the provisions
of UNCLOS and in agreement with neighbouring States.
The advantages for coastal States to have greater rights and more duties in the
conservation and management of living resources was already highlighted in 2003,
when Mediterranean coastal States adopted the "Declaration of the Ministerial
Conference for the Sustainable Development of Fisheries in the Mediterranean"
1
2
For more information on IMP, please refer to: http://ec.europa.eu/maritimeaffairs/index_en.html
COM(2009)466 of 11 September 2009: http://ec.europa.eu/maritimeaffairs/mediterranean_en.html
4
(Venice) calling for "the creation of fisheries protection zones so as permit the
improvement of conservation and control of fisheries and thus contributing to better
resource management and to our common commitment to combat IUU fishing
(par.10). There was however little action undertaken following this declaration.
Against this backdrop, the European Commission, under its Integrated Maritime
Policy and corresponding approach for the Mediterranean, intends to stimulate
further debate across Mediterranean coastal States, at regional and sub-regional
levels, on the need to make progress on these matters in a peaceful and concerted
manner. More specifically, it intends to feed and contribute to the debate by
commissioning this particular study.
UNCLOS and related challenges in the Mediterranean:
UNCLOS provides the main framework for most maritime activities and reflects for
many issues customary international law. It has been signed and ratified by most but
not all coastal Mediterranean States3. It also recognises six maritime zones subject to
different legal regimes: the internal waters of a coastal state, the territorial sea, the
contiguous zone, the exclusive economic zone and the continental shelf and the High
Seas. The rights and duties of the coastal State vary in relation to each of these zones
and also in relation to the type of activity that is regulated.
All Mediterranean States have a territorial sea, where they enjoy full sovereignty
with the exception of the right of innocent passage granted to all ships. According to
UNCLOS, the territorial sea can extend to a maximum of 12 n.m. measured from
baselines, although there are some cases where it has a more limited extension.
Beyond the territorial sea, a distinction has to be made between the seabed and
subsoil, on one hand, and the water column, on the other. All the seabed and subsoil
falls under the regime of the continental shelf that grants the coastal State exclusive
sovereign rights for its exploration and the exploitation of its natural resources. In the
case of the Mediterranean Sea, as there is no area wider than 400 nautical miles, all
of the Mediterranean Sea’s continental shelf is under the full sovereignty of a
Mediterranean coastal State. Yet, as these zones overlap, the problem that remains is
one of delimitation of the boundaries between opposite and/or adjacent States.
As to the waters above the continental shelf, different regimes/maritime zones have
been established in the Mediterranean:
3
(a)
A 12 n.m. contiguous zone adjacent to the territorial sea, for the
enforcement of customs, fiscal, immigration or sanitary laws and
regulations, and laws and regulations dealing with archaeological and
historical objects (Article 303 of UNCLOS).
(b)
Exclusive Economic Zones (EEZ), where the coastal State enjoys
sovereign rights concerning, inter alia, the exploration and exploitation,
conservation and management of natural resources, both living and nonliving, other kinds of jurisdiction (namely for the protection of the marine
Turkey, Israel and Libya have not signed UNCLOS. Syria has signed it but not ratified it.
5
environment and for marine scientific research), and other rights and
duties (see UNCLOS Art. 56, paragraph 1).
(c)
Fisheries zones (sometimes named fisheries protection zones) where in
general the coastal State exercises exclusive rights and jurisdiction with
regard to fisheries.
(d)
An ecological protection zone, where coastal States exercise exclusive
jurisdiction with respect to the protection of the marine environment.
(e)
An ecological and fisheries protection zone, which combines the zones
mentioned earlier4.
The establishment of an EEZ requires a formal act of the coastal State. In the case of
the Mediterranean Sea where there is no area wider than 400 nautical miles, it also
implies either an agreement amongst neighbouring States on a delimitation boundary
(Art. 74 of UNCLOS), median or otherwise, that States may deem appropriate to
prevent or resolve a delimitation dispute. If no agreement is reached, it entails the
submission of the dispute to a third party dispute resolution body under Part XV of
UNCLOS.
Throughout the Mediterranean Sea there are overlapping maritime zones for the
continental shelf and EEZ. There are only limited cases of delimited boundaries
through agreements or tribunal decisions. In addition, although States have claimed
the maritime zones mentioned above, the boundaries of most of them, whether EEZ,
fisheries zones or ecological zones, have not been fully acknowledged by other
parties. Likewise, the majority of the continental shelf area of the Mediterranean Sea
has not been delimited because of overlapping boundaries. Neighbouring States have
objected either to the extent of the claim or the validity of it.
The reasons making delimitation difficult in the Mediterranean Sea are due primarily
to geographic factors such as islands, gulfs, concave coasts, but also economic
factors such as fishing interests or other considerations of a political nature. In some
areas delimitation is clearly challenging but in other areas of the Mediterranean Sea it
seems less problematic. If compared to other similar sea basins such as the Black Sea
or the Baltic, the Mediterranean's percentage of High Seas remains significant.
Certain actions can nevertheless be jointly undertaken within the framework of
regional conventions, for the protection of the marine environment and the
conservation and management of living resources, notably the Barcelona Convention
for the protection of the Mediterranean marine environment and the General
Fisheries Commission for the Mediterranean (GFCM). Part IX of UNCLOS in fact
addresses regional governance by exhorting States bordering semi-enclosed and
enclosed sea, such as the Mediterranean, to cooperate and coordinate in the exercise
for their rights and duties, including the management of living marine resources,
protection of the marine environment and scientific research. The problem of
4
Strictly speaking fisheries zones and ecological protection zones fall under the regime of the EEZ. The
only difference being that the respective coastal States have chosen not to proclaim a full EEZ but to
proclaim only parts of the rights foreseen in Article 56 of UNCLOS.
6
enforcement of decisions adopted, including against third States non-party however
remains.
Definitions:
Maritime zones: Maritime zones should be understood as zones relating to the
implementation of UNCLOS. Given the context and specific objectives of this
contract, the analysis should focus on: contiguous zones, contiguous archeological
zones, fisheries zones (or fisheries protection zones), ecological protection zones,
ecological and fisheries protection zones, and Exclusive Economic Zones (see
above). Territorial Seas and the Continental Shelf must however also be considered
in the study, in particular so as to determine the current baseline against which any
changes should be considered in terms of costs and benefits, and given the
development of economic activity therein. The High Seas should also be addressed,
notably in consideration of existing or potential areas (for instance Marine protected
areas, Fisheries Protected Areas, Fisheries Restricted Areas, and other), established
within waters not falling under coastal States' jurisdiction.
Costs and benefits: Direct and indirect (namely economic, social and
environmental) costs and benefits, allowing for a qualitative and a pre-quantitative
evaluation of whether to follow a course of action or not.
Mediterranean coastal States: Public authorities, national and regional where
appropriate, of countries bordering the Mediterranean sea-basin, that is to say both
EU Member States and non-EU coastal States.
Marine sub-regions should be understood as: The Western Mediterranean Sea
(including Alboran Sea, Balearic Sea, Gulf of Lion, Ligurian and Tyrrhenian Seas),
the Central Mediterranean Sea and the Ionian Sea, the Adriatic Sea, and the Eastern
Mediterranean (including Aegean Sea and Levantine Sea).
Documentation available:
Information on all activities developed under IMP and particularly in the
Mediterranean can be found via the following weblink:
http://ec.europa.eu/maritimeaffairs/mediterranean_en.html
In addition, tenderers are notably advised to consult the following reference material:
Reference documents:
 An Integrated Maritime Policy for the EU ("Blue Paper"), COM (2007)575 final
of 10.10.20075;
 Progress Report on the EU's Integrated Maritime Policy, COM(2009) 540 final of
15.10.2009 and SEC (2009) 13436;
5
6
http://ec.europa.eu/maritimeaffairs/subpage_mpa_en.html
http://ec.europa.eu/maritimeaffairs/subpage_mpa_en.html
7
 Towards an Integrated Maritime Policy for better governance in the
Mediterranean, COM (2009) 466 final of 11.09.20097;
 Roadmap for Maritime Spatial Planning: Achieving common principles in the
EU, COM (2008) 791 final of 25.11.20088;
 Developing the International dimension of the EU's Integrated Maritime Policy,
COM(2009) 536 final of 15.10.20109;
 Directive 2008/56/EC of the European Parliament and of the Council of 17 June
2008 establishing a framework for community action in the field of marine
environmental policy (Marine Strategy Framework Directive)10;
 Recommendation of the European Parliament and of the Council of 30 May 2002
concerning the implementation of Integrated Coastal Zone Management in
Europe (2002/413/EC)11;
 Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning
management measures for the sustainable exploitation of fishery resources in the
Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing
Regulation (EC) No 1626/9412.
 The Barcelona Convention for the protection of the Mediterranean marine
environment and its Protocols13;
 Convention on Biological Diversity and related decisions (notably Decision VII/5
and Decision VII/28)14.
 The United Nations Convention on the Law of the Sea (UNCLOS)15.
Reports and studies:
 The role of maritime zones in promoting effective governance for the protection
of the Mediterranean marine environment – Report of the Expert Group on
governance of the Mediterranean Sea16;
 Legal Aspects of Maritime Spatial Planning – Report to DG Maritime Affairs and
Fisheries17;
7
http://ec.europa.eu/maritimeaffairs/mediterranean_en.html
http://ec.europa.eu/maritimeaffairs/spatial_planning_en.html
9
http://ec.europa.eu/maritimeaffairs/international_dimension_en.html
10
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32008L0056:EN:NOT
11
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002H0413:EN:NOT
12
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:036:0006:0030:EN:PDF
13
http://www.unepmap.org/
14
http://www.cbd.int/
15
http://www.un.org/Depts/los/index.htm
16
http://ec.europa.eu/maritimeaffairs/mediterranean_en.html
17
http://ec.europa.eu/maritimeaffairs/pdf/legal_aspects_msp_report_en.pdf
8
8
 Study on the current status of ratification, implementation and compliance with
maritime agreements and conventions applicable to the Mediterranean Sea Basin,
with a specific focus on the ENPI South partner countries18;
 Analysis for ENPI countries on social and economic benefits of enhanced
environmental protection (EuropeAid/ ENPI/2009/225-962).
In addition, the following studies are being carried out and will be available during
the course of the year 2010:
 Study on the economic benefits of Maritime Spatial Planning;
 Study exploring the potential of Maritime Spatial Planning in the Mediterranean
Sea.
2.2
Description of work
Objectives:
The overall objective of this study is that of shedding light on the costs and benefits
of establishing maritime zones in the Mediterranean Sea, by:
– Identifying the existing maritime zones established in the Mediterranean Sea,
including protected areas falling within such zones and/or on the High Seas, their
related rights and obligations, the impact on economic activities carried out
therein, together with environmental and social considerations.
– Identifying the potentialities and challenges to further maritime zone
establishment in the Mediterranean Sea and its sub-regions, and developing
scenarios as appropriate, taking into account the current status as a point of
departure.
– In turn, qualifying and quantifying to the greatest extent possible the direct and
indirect costs and benefits of maritime zone establishment, for both existing and
potential zones/scenarios, also in the light of national, regional, European Union
and international policy goals, legislation and agreements.
Description of work and deliverables:
Collection and classification of material
The contractor should collect the relevant basic material, facts and related analyses
through desk research and targeted explorative interviews with key actors in the
field.
Desk research should be conducted to obtain, amongst others, a comprehensive
overview of the maritime zones existing in the Mediterranean Sea (see definitions
chapter), the rights and duties of coastal States under each regime, ex-ante impact
18
http://ec.europa.eu/maritimeaffairs/mediterranean_en.html
9
assessments and/or economic studies that have already been carried out for the
Mediterranean and other seas if relevant to the study,, and data gathered on the
impacts of existing maritime zones in the Mediterranean and other seas if relevant to
the study.
A set of interviews with experts and actors in the field should be conducted,
including:
– The United Nations Division for Ocean Affairs and the Law of the Sea;
– Secretariats and bodies of key regional conventions in the Mediterranean,
namely: the Barcelona Convention for the protection of the marine environment
and its Regional Advisory Councils, and the General Fisheries Commission for
the Mediterranean (GFCM);
– A representative group of public authorities from Mediterranean coastal States
involved in decision-making on the marine space;
– Representatives of key economic communities in the Mediterranean such as for
instance those involved in the following maritime and marine-related activities:
offshore wind, fisheries, maritime transport, tourism, etc;
– A representative group of the marine and maritime research community in the
Mediterranean;
– A selected number of individuals and/or organizations who have expertise in the
application of the concept of environmental sustainability and related governance
challenges in the Mediterranean;
– A selected number of individuals who have expertise in the implementation of
UNCLOS in the Mediterranean.
– European Commission services (in particular the Directorate-General for
Maritime Affairs and Fisheries (DG MARE) and the Directorate-General for
Environment (DG ENV)).
As part of the technical tender, tenderers would have to submit a first list of
organizations and authorities to be interviewed. During the performance of the
contract, the contractor should then present groups of interviewees and proposed
methodology (number and balance of interviews and method – face-to-face,
telephone calls, written survey), for approval to the Commission before proceeding
with the interviews. Questions are to be submitted for approval to the Commission
prior to dispatch.
Based on material in possession or to be gathered, the contractor should elaborate a
detailed classification of the information and analysis in the following manner:
(1)
A description of the current situation in the Mediterranean with respect to the
establishment of maritime zones. All existing maritime zones should be
listed and classified according to type and corresponding rights and duties.
The status of implementation of these zones should also be presented,
highlighting in the case of non-implementation, the underlying reasons and
context. Existing areas established for the protection and management of
10
marine resources – living, non-living, cultural and/or historical – and falling
within waters under jurisdiction and/or on the High Seas should also be
identified and described.
(2)
An assessment and overview of all economic (including research) activities
taking place in, and affected by, the establishment of maritime zones, the
needs in terms of protection of the marine environment in such zones (for
instance, the presence of fragile ecosystems, canyons, etc), and what
enforcement and compliance is, or is likely to be. Existing areas established
for the protection and management of marine resources and falling within
waters under jurisdiction and/or on the High Seas should also be considered
and the modalities for establishing and implementing such areas should be
reported.
(3)
An indication and description of what the economic potentialities and
challenges for the further establishment of maritime zones are and whether
they are different from sub-region to sub-region or coastal State to coastal
State. Existing areas established for the protection and management of
marine resources and falling within waters under jurisdiction and/or on the
High Seas should also be considered.
(4)
Development of a methodology for qualifying and quantifying costs and
benefits. A distinction should be made between direct and indirect,
quantifiable and non-quantifiable costs and benefits. The costs and benefits
of reaching economic, social and environmental policy aims and objectives
should also be considered and a distinction made between national and crossboundary objectives. A time element should be built according to the
methodology developed and accompanied by corresponding justifications.
(5)
Application of the methodology developed under point 4 to existing and
potential maritime zones in the Mediterranean, also taking into consideration
existing and potential areas established for the protection and management of
marine resources and falling within waters under jurisdiction and/or on the
High Seas.
Conclusions and recommendations
The study should provide, on the basis of the evaluation carried out and ensuing
results, conclusions as to:
 How and for which reasons is the extension of jurisdiction and the establishment
of areas for the protection and management of marine resources, a viable course
of action in the Mediterranean or not;
 Which economic activities are most affected by the above;
 Whether higher enforcement of the maritime zones and areas in question leads to
more compliance with the agreed rules and provisions, and corresponding
justifications;
11
 Whether certain types of maritime zones could be more easily established than
others including the advantages and disadvantages, costs and benefits, of such
establishment.
Recommendations should be elaborated, taking into account the respective levels of
competencies and responsibilities, i.e. between coastal States, the flag States, the EU,
regional and international organizations.
Final report
 An executive summary of the study of approximately 10-15 pages, with clear and
easy-to read facts, corresponding analyses, conclusions and recommendations,
using adequate visual aids (e.g. tables and maps) for the purpose of clarity.
 A full study report including the findings according to the classification of the
information and analysis section, conclusions and recommendations.
 A methodology report including data and parameters used for qualifying and
quantifying costs and benefits, corresponding sources of information and other
means used for carrying out the assessments presented in the full study report.
 A set of annexes providing key studies or other sources of information used,
names and addresses of interviewees, economic calculations, maps, tables, and all
other relevant material.
The report should be provided in three copies in paper format in English as well as in
electronic format allowing editing and formatting by the Commission.
2.3
Work packages and timeframe
Work package 1: Work Plan and data gathering
The contractor should present the work plan on the implementation of the study at an
inception meeting within the first month after the signature of the contract.
The work plan should include:
– A full list of paper and web material to be studied under a desk research;
– A list of names to be contacted (to be approved by the Commission);
– An implementation plan (methodology) for the nterviews, including complete
and detailed travel plans;
– A list of targeted questions for interviewees (to be approved by the Commission);
– A detailed time planning, including estimated work hours, staff involvement and
deadlines for each task in the study, for example in a chart format.
A first interim report has to be submitted three months after the signature of the
contract. It should include a description and classification of the results of desk
research, of the interviews carried out, and corresponding outlook. It should also
include a finalized methodology for the qualification and quantification of costs and
12
benefits. The report should also set out the work plan for the next phase and signal
any issues that may affect the smooth execution of work.
Work package 2: Classification of information and analysis
The contractor should use the material gathered and developed under the first work
package (desk research, interviews, methodology for costs and benefits), in order to
elaborate and fulfill points 1 to 5 identified above in section 2.2 “Classification of
information and analysis”.
The contractor has to present the analysis to participants selected by the Commission
in a one-day meeting in the Commission’s premises in Brussels; the Commission
will convene this meeting and will invite the contractor accordingly. Based on the
outcome of the discussion, the analysis should be finalized and the conclusions and
recommendations drawn up.
A second interim report has to be submitted eight months after the signature of the
contract. It should include the final analysis, related draft conclusions and
recommendations, as well as a report on the one-day meeting. The second interim
report should also set out the work plan for the next phase and signal any issues that
may affect the smooth execution of work.
Work Package 3: Finalization of study
Based on the two work packages, the contractor draws up a draft final report with all
the components indicated under the work description “Final report” to be submitted
11 months after the signature of the contract.
Further to the Commission's comments on the draft final report, the contractor
submits the final report for approval.
General issues
The contractor should indicate one person as contact point for all issues related to the
contract and schedule at least four visits to the Commission in Brussels throughout
the duration of the contract.
An inter-service steering group, led by DG MARE, will be constituted including
representation of other concerned Commission services. This group will accompany
and monitor the study work from the inception phase until finalization of the study.
The contractor will participate in the meetings of the inter-service steering group so
as to present the progress of the work to the group.
2.4
Volume
The maximum price for the contract (all costs included) amounts to 450.000 EUR.
13
3
3.1
TERMS AND CONDITIONS APPLICABLE TO THE CALL FOR TENDERS
Tenders
Tenderers must include all the information and documentation required to enable the
authorising department to appraise tenders in accordance with the criteria set out in
section 4.
All documents presented by the tenderers will become the property of the European
Commission and are to be deemed confidential.
The tender must be submitted in triplicate (one copy clearly identified “Original”,
and two copies marked “Copy 1” and “Copy 2”; “Copy 2” should be unbound), in
three sealed envelopes:
(1)
One sealed envelope containing the documentation for the identification of
the tenderer and exclusion and selection criteria as requested under sections
4.1, 4.2 and 4.3 of the tendering specifications, including the questionnaire in
Annex 3, the legal entity form and the financial identification form.
(2)
One sealed envelope containing the technical tender according to section
4.4.1 of the tendering specifications, including the technical tender form in
Annex 2, filled in and signed by the tenderer. The technical tender should
contain no financial information.
(3)
One sealed envelope containing the financial tender, i.e. the financial tender
form in Annex 2, filled in and signed by the tenderer.
Each of these envelopes must clearly indicate the content ("Identification, Exclusion
and Selection Criteria", "Technical" and "Financial").
All tenders will be opened in public at the place, on the date and at the time specified
in the covering letter of this call for tenders. Tenderers or their authorised
representatives are allowed to attend the opening. These persons will have to sign an
attendance list.
For practical reasons, tenderers are requested to inform DG MARE by e-mail (maretenders@ec.europa.eu) of their wish to attend the opening no later than one week
before the meeting.
3.2
Prices
The Commission enters into contracts and makes payments in Euro.
Prices must be free of all duties, taxes and dues (on the grounds that the Commission
is exempt from such charges under the provisions of Articles 3 and 4 of the Protocol
on the Privileges and Immunities of the European Union).
Prices must be quoted in Euro, exclusive of VAT and all taxes and dues. The
amounts must be quoted to two decimal places.
Costs incurred in preparing and submitting tenders are borne by the tenderers.
14
All costs linked directly or indirectly with the performance of the contract shall be
incorporated into the financial tender. No additional reimbursement of costs linked
to the performance of the contract like travel and subsistence expenses will be
provided.
Prices shall be fixed and not subject to revision.
In signing and submitting an offer, the tenderer shall certify that:
–
the prices indicated in the tender have been laid down in full independence,
without consultation or communication on any of the points concerning the price
with another tenderer or competitor;
–
unless the law stipulates otherwise, the prices indicated in the tender have not
been and will not be voluntarily communicated by the tenderer to another
tenderer or competitor, directly or indirectly, before the offers are opened;
–
the tenderer has not attempted and will not attempt to induce other persons to
present a tender or to prevent them from so doing with a view to restricting
competition.
3.3
Joint tenders
A joint tender is a situation where an offer is submitted by a group of service
providers. Partners in a joint tender assume joint and several liability towards the
Commission for the performance of the contract as a whole.
Statements, saying for instance:
–
that one of the partners of the joint tender will be responsible for part of the
contract and another one for the rest, or
–
that more than one contract should be signed if the joint tender is successful
are thus incompatible with the principle of joint and several liability. The
Commission will disregard any such statement contained in a joint tender, and
reserves the right to reject such a tender without further evaluation, on the grounds
that it does not comply with the tendering specifications.
A joint tender has to be signed by all members of the group, or by one of the
members, which has been duly authorised by the other members.
A joint tender must specify the role of each of the members involved.
If awarded the contract, each member of the group assumes a joint and several
liability towards the Commission. The contract will have to be signed by all
members of the group, or by one of the members, which has been duly authorised by
the other members.
3.4
Subcontractors
Subcontracting is the situation where a contract is to be established between the
Commission and a contractor and where the contractor, in order to carry out that
15
contract, enters into legal commitments with other legal entities for performing part
of the service. However, the Commission has no direct legal commitment with the
subcontractor(s).
The contractor retains full liability towards the Commission for performance of the
contract as a whole. Accordingly:
–
the Commission will treat all contractual matters (e.g. payments) exclusively
with the contractor, whether or not the tasks are performed by a subcontractor;
–
under no circumstances can the contractor avoid liability towards the
Commission on the grounds that the subcontractor is at fault.
Any intention to subcontract part of the contract must be clearly stated in the tender.
Tenderers should provide:
–
a document stating clearly the identity, roles, activities and responsibilities of
subcontractor(s) and specifying the volume/proportion for each subcontractor;
–
a letter of intent by each subcontractor stating its unambiguous undertaking to
collaborate with the tenderer if he wins the contract and the extent of the
resources that it will put at the tenderer’s disposal for the performance of the
contract.
If the above-mentioned documents are not provided, the Commission shall assume
that the tenderer does not intend subcontracting.
3.5
Contacts
The contact point indicated in the covering letter of this call for tenders is the only
one allowed. Tenderers are requested to put any questions in writing and to send
them to the e-mail address indicated. Queries by telephone will not be considered.
Questions concerning the administrative procedures will be treated individually. If
the reply to a question is of general interest, it will be made available on DG MARE
website at the following address:
http://ec.europa.eu/dgs/maritimeaffairs_fisheries/contracts_and_funding/calls_for_te
nder/index_en.htm
The site will be updated regularly and it is tenderers' responsibility to check for
updates and modifications during the tendering period.
4
EVALUATION AND AWARD OF THE CONTRACT
The evaluation will be based on the information provided by the tenderer in the
tender submitted in reply to this call for tenders.
In addition, the Commission reserves the right to use any other information from
public or specialist sources. All the information will be assessed in the light of the
criteria set out in these specifications.
16
The evaluation will proceed in stages, as described below. Only the tenders meeting
the requirements of each stage will pass on to the next stage of the evaluation. The
final stage involves the award of the contract.
The stages of the evaluation procedure will be as follows:
4.1
(1)
Identification of the tenderer.
(2)
Exclusion criteria: the purpose of these criteria is to determine whether the
tenderer is authorised to participate in the procurement procedure.
(3)
Selection criteria: the purpose of these criteria is to determine whether the
tenderer has the necessary financial, economic, technical and professional
capacity to carry out the contract.
(4)
Award criteria: the purpose of these criteria is to choose between the tenders
which have been submitted by the tenderers not subject to exclusion and
which meet the selection criteria.
Identification of the tenderers
Tenderers must complete the questionnaire in Annex 3.
In addition, tenderers must fill in the "Legal entity form" (if they are not already
registered as service providers of the Commission) and the "Financial identification
form" available at the following addresses:
Legal entity form: http://ec.europa.eu/budget/execution/legal_entities_en.htm
Financial information form: http://ec.europa.eu/budget/execution/ftiers_en.htm
These forms should be attached to the identification questionnaire in Annex 3.
In the case of a joint tender, the questionnaire and forms must be completed by one
of the members, which has been duly authorised by the other members.
4.2
Exclusion criteria
In the case of a joint tender and/or subcontracting, information on exclusion criteria
must be provided by each member of the group and/or subcontractor19.
The exclusion criteria will be assessed in relation to each member of the group and
subcontractor individually. If a member of the group or a subcontractor is subject to
exclusion, the tenderer shall be excluded.
By providing the declaration on their honour in relation to the exclusion criteria as
required under sections 4.2.1 and 4.2.2 below, tenderers acknowledge that they have
been acquainted with the administrative and financial penalties described under art
133 and 134 b of Commission Regulation 2342/2002 of 23 December 2002 laying
19
This requirement does not apply to subcontractors whose individual share in subcontracting is less than
10% of the total value of the contract.
17
down detailed rules for the implementation of the Financial Regulation applicable to
the general budget of the European Union, which may be applied if any of the
declarations or information provided prove to be false.
4.2.1 Exclusion from participation in the procurement procedure
Tenderers must provide a declaration on their honour, duly signed and dated, stating
that they are not in any of the situations described hereafter.
Tenderers will be disqualified from taking part in the procurement procedure if they:
(a) are bankrupt or being wound up, are having their affairs being 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
the contracting authority 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 the country of the
contracting authority or those of the country where the contract is to be
performed;
(e) have been the subject of a judgment which has the force of res judicata for
fraud, corruption, involvement in a criminal organisation or any other illegal
activity detrimental to the Union's financial interests;
(f) are currently subject to an administrative penalty imposed by the contracting
authority as a consequence of having been guilty of misrepresentation in
supplying the information required by the contracting authority as a condition of
participation in a procurement procedure or as a consequence of having been
declared to be in serious breach of their obligations under contracts covered by
the Union's budget.
Tenderers are informed that the tenderer to whom the contract is to be awarded will
be requested to furnish, within a time limit defined by the contracting authority and
preceding the signature of the contract, evidence confirming his declaration with
regard to the situations of exclusion described in point (a), (b), (d) and (e).
In the case of a joint tender and/or subcontracting, evidence will have to be furnished
by each member of the group and/or subcontractor20.
20
This requirement does not apply to subcontractors whose individual share in subcontracting is less than
10% of the total value of the contract.
18
The contracting authority shall accept, as satisfactory evidence that the tenderer to
whom the contract is to be awarded is not in one of the situations described in point
(a), (b) or (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.
The contracting authority shall accept, as satisfactory evidence that the tenderer is
not in the situation described in point (d), a recent certificate issued by the competent
authority of the State concerned.
For any of the situations (a), (b), (d) or (e) above, where any 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.
The contracting authority may waive the obligation of the tenderer to whom the
contract is to be awarded to submit the documentary evidence if such evidence has
already been submitted to it for the purposes of another procurement procedure and
provided that the issuing date of the documents does not exceed one year and that
they are still valid.
In such a case, the tenderer to whom the contract is to be awarded shall declare on
his honour that the documentary evidence has already been provided in a previous
procurement procedure and confirm that no changes in his situation have occurred.
4.2.2
Exclusion from award of the contract
A contract shall not be awarded to tenderers who, during the procurement procedure
for this contract:
(a) are subject to a conflict of interest;
(b) are guilty of misrepresentation in supplying the information required by the
contracting authority as a condition of participation in the procurement
procedure or fail to supply this information;
(c) find themselves in one of the situations of exclusion from participation in the
procurement procedure.
Tenderers must declare on their honour:
–
that on the date of submission of the tender, the company or organisation they
represent and the staff proposed for this tender are not subject to a conflict of
interests in the context of this call for tenders and that they undertake to inform
the Commission without delay of any change to this situation after the date of
submission of the tender;
–
that they will carry out the study and/or provide services to the highest
professional standards, in particular in terms of objectiveness and impartiality
and exclusively in the best interests of the contracting authority with no
consideration linked to any possibility of a future contract;
19
–
that they guarantee that there is no conflict of interests with other commitments
or contracts recently concluded or to be concluded them either individually or
through any consortium to which they might belong or through any subsidiary or
related company.
–
that they have not made and will not make any offer of any type whatsoever
from which an advantage can be derived under the contract;
–
that 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 the award of the
contract;
–
that the information provided to the Commission within the context of this call
for tenders is accurate, sincere and complete;
–
that in case of award of the contract, they shall provide the evidence that they are
not in any of the situations described in section 4.2.1 under (a), (b), (d), (e).
4.3
Selection criteria
4.3.1
Economic and financial capacity
In the case of a joint tender and/or subcontracting, information on economic and
financial capacity must be provided by each member of the group and/or
subcontractor21.
The selection criteria for economic and financial capacity set as minimum standards
on financial and economic standing will be assessed in relation to each member of
the group and subcontractor individually. If a member of the group or a
subcontractor does not fulfil these selection criteria, the tenderer shall not be
selected.
Tenderers must furnish the following supporting documents for verification of their
economic and financial capacity:
–
Copy of the balance sheets for the last two years for which accounts have been
closed, showing the annual pre-tax profit. If, for a valid reason, tenderers are
unable to provide them, they must enclose a statement as to annual pre-tax
profits for the last two years.
If the balance sheets or the statement show an average loss, then tenderers must
furnish another document as proof of their financial and economic capacity, such as
appropriate bank references or proof of professional risk insurance cover.
21
This requirement does not apply to subcontractors whose individual share in subcontracting is less than
10% of the total value of the contract.
20
Tenderers may, where appropriate, rely on the capacities of other entities, regardless
of the legal nature of the links which they have with them. They must in this case
prove to the contracting authority that they will have at their disposal the resources
necessary for performance of the contract, for example by producing an undertaking
on the part of those entities to place those resources at their disposal.
Under the same conditions, a group of service providers may rely on the capacities of
the members of the group or of other entities.
4.3.2 Technical and professional capacity
In the case of a joint tender and/or subcontracting the selection criteria for technical
and professional capacity will be assessed in relation to the combined capacities of
all members of the group and/or subcontractors, as a whole, to the extent that
subcontractors put their resources at the disposal of the tenderer for the performance
of the contract.
Tenderers must furnish the following supporting documents for verification of their
technical and professional capacity:
To be provided
Minimum level
1. A statement of the average annual The tenderer should have an average of at
manpower – managerial and total least 10 staff in total in the past two years,
number of staff – in the last two of which 2 managerial staff.
years.
2. The educational qualifications and The tenderer must rely on staff with
professional skills of the staff academic qualifications relevant to the
available for the performance of research covered by the contract.
the contract.
The team involved in the tasks to be
Five complete CVs should be performed under the contract should
provided (one managerial and include at least four persons.
four qualified staff).
This team should have a mix of
qualifications covering the following
fields: maritime law, economic sciences,
environmental policy, maritime economics
and EU law and policies.
This same team should in addition have a
mix of relevant work experience of at least
five years in the following areas:
- Providing legal advise on maritime and
marine issues including on the application
of UNCLOS;
- Maritime Economics;
21
- Environmental law and policy-making;
- EU policy and legislation, with particular
specialisation in Mediterranean issues.
Each of the members of the said team must
have a qualification in at least one of the
abovementioned
fields,
and
work
experience of at least five years in at least
one of the abovementioned areas.
3. A list of the principal services
provided in the past three years with
the sums, dates and recipients, public
or private.
The tenderer must provide evidence of
having done work in the field of maritime
economics and maritime law, including at
least three earlier studies relevant to the
research covered by this contract, of which
at least one covering specifically the
Mediterranean or a Mediterranean coastal
State.
4. Quality control policy
Tenderers must provide evidence of the use
of a quality control system.
Tenderers may, where appropriate, rely on the capacities of other entities, regardless
of the legal nature of the links which they have with them. They must in this case
prove to the contracting authority that they will have at their disposal the resources
necessary for performance of the contract, for example by producing an undertaking
on the part of those entities to place those resources at their disposal.
Under the same conditions, a group of service providers may rely on the capacities of
the members of the group or of other entities.
4.4
Award criteria
The contract will be awarded to the tenderer offering the best value for money
having regard to quality and price. To determine which tender offers the best value
for money, the following evaluation method will be used:
4.4.1
Technical evaluation
The technical tender should neither include any of the documents referred to under
the exclusion or selection criteria nor should it refer to matters already covered by
the exclusion and selection criteria.
In particular, CVs of the staff available for the performance of the services will be
assessed as part of the selection criteria (technical capacity) and should not be
provided again as part of the technical tender as they are not to be re-examined in the
award phase.
A maximum of 100 points will be awarded for the quality of the tender.
22
The criteria for the assessment of the quality are:
Objective
To be provided
Maximum Minimum
points
required
1. Understanding of the A summary assessment including:
30
objectives
(a) A description of challenges to
maritime zone establishment in the
Mediterranean Sea and in each of its
marine sub-regions.
15
(b) An outline of key economic
activities affected by the presence (or
lack) of maritime zones in the
Mediterranean, related actors and
interests, which the tenderer proposes
to investigate further within the
framework of the study in question.
(c) A description of qualified and
concrete examples of costs and benefits
that arise or could arise from maritime
zone establishment in the Mediterranean
Sea, and which therefore should be
investigated
further
within
the
framework of the study in question.
2. Research methodology
for collection of
information and material
A detailed work plan for collecting 20
studies and data through desk research,
and for gathering inputs through
interviews, including a description of
the areas to be covered by such research
and a list of organisations and
authorities the tenderer will interview.
10
3. Approach to costs and A description of the tenderer’s approach 30
benefits and its added- to the qualification and quantification
value
(where quantification is possible) of
costs and benefits when it comes to
maritime zone establishment in the
Mediterranean,
including
an
identification of the parameters and
their possible weighting, actors,
perspectives, and objectives that the
tenderer would propose to address.
15
4. Project management, A description of the tenderer's approach 20
work organisation and to project management, contract followtime schedule
up and organisation of work and quality
assurance.
10
23
A work scheme, including a detailed
implementation plan on each of the
work packages, with estimated schedule
indicating all tasks and/or milestones.
This should also include the allocation
of staff, expected number of days per
task and an overview of scheduled trips
connected to the contract.
Only the tenders having reached the minimum number of points required for each of
the criteria for the assessment of the quality and a minimum score of 60 out of 100
will be considered for the financial evaluation.
4.4.2
Financial evaluation
The financial value of the tenders that pass the quality examination will be
determined by calculating the price index as follows:
(Lowest price tender / Price of the tender in question) X 100
4.4.3 Award of the contract
The contract shall be awarded to the tender offering the best quality/price ratio, with
a 70/30 weighting between technical quality and financial value.
This will be achieved by multiplying:
– the result of the technical evaluation (number of points) by 0,7
– the result of the financial evaluation (price index) by 0,3
24