Please note that the awarding of the contract is subject to the condition of:
This tender procedure is launched under suspensive clause (see paragraph 2.4.12 of ‘Practical Guide to contract procedures for EU external actions’ http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=B) i.e. the contract implementation beyond the duration of the financing agreement (CFSP/2016/19/EULEX Kosovo) is subject to the availability of funds of EULEX Kosovo through the conclusion of a new financing agreement between the European Commission and the EULEX Head of Mission.
1.Publication reference:
EuropeAid/138724/IH/SER/XK.
3.Programme title:
Council Joint Action 2008/124/CFSP of 4.2.2008 on the European Union Rule of Law Mission in Kosovo (hereafter ‘EULEX Kosovo’) as amended by Council Joint Action 2009/445/CFSP of 9.6.2009 and by Council Decision 2010/322/CFSP of 8.6.2010, Council Decision 2012/291/CFSP of 5.6.2012, Council Decision 2013/241/CFSP of 27.5.2013, Council Decision 2014/349/CFSP of 12.6.2014, Council Decision 2014/685/CFSP of 29.9.2014, Council Decision (CFSP) 2015/901 of 11.6.2015, Council Decision (CFSP) 2016/947 of 14.6.2016 and Council Decision (CFSP) 2016/1990 of 14.11.2016.
4.Financing:
CFSP/2016/19/EULEX Kosovo.
5.Contracting authority:
EULEX Kosovo, Pristina, KOSOVO.
Contract specification
6.Nature of contract:
Global price.
7.Contract description:
The overall objective of the project of which this contract will be a part is as follows:
• provision of cleaning services for all facilities of the contracting authority within Kosovo,
• provision of cleaning services for medical facilities of the contracting authority within Kosovo,
• provision of ground maintenance and winter works for facilities of the contracting authority within Kosovo,
• pest control for facilities of the contracting authority.
8.Number and titles of lots:
1 lot only.
9.Maximum budget:
500 000 EUR.
10.Scope for additional services:
The contracting authority may, at its own discretion, extend the project in duration subject to the availability of funding up to a maximum not exceeding the length and value of the initial contract. Any extension of the contract would be subject to satisfactory performance by the contractor.
Conditions of participation
11.Eligibility:
Participation is open to all natural persons and/or legal persons participating either individually or in a grouping (consortium), as authorised by Council Decision (CFSP) 2016/1990 of 14.11.2016 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (EULEX Kosovo). The participation of natural and legal persons in the award of procurement contracts financed out of the Mission's budget is open without limitations. Participation is also open to international organisations.
12.Candidature:
All eligible natural and legal persons (as per item 11 above) or groupings of such persons (consortia) may apply.
A consortium may be a permanent, legally-established grouping or a grouping which has been constituted informally for a specific tender procedure. All members of a consortium (i.e., the leader and all other members) are jointly and severally liable to the contracting authority.
The participation of an ineligible natural or legal person (as per item 11) 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.
13.Number of applications:
No more than 1 application can be submitted by a natural or legal person whatever the form of participation (as an individual legal entity or as a leader or member of a consortium submitting an application). In the event that a natural or legal person submits more than 1 application, all applications in which that person has participated will be excluded.
14.Shortlist alliances prohibited:
Any tenders received from tenderers comprising firms other than those mentioned in the shortlisted application forms will be excluded from this restricted tender procedure unless prior approval from the contracting authority has been obtained (see ‘Practical Guide’ — PRAG 2.4.3). Shortlisted candidates may not form alliances or subcontract to each other for the contract in question.
15.Grounds for exclusion:
As part of the application form, candidates must submit a signed declaration, included in the standard application form, to the effect that they are not in any of the exclusion situations listed in Section 2.3.3 of the PRAG.
16.Subcontracting:
Subcontracting is allowed. The total value of the subcontracted part of the services must not exceed 30 % of the contract value.
17.Number of candidates to be shortlisted:
On the basis of the applications received, between 4 and 8 candidates will be invited to submit detailed tenders for this contract. If the number of eligible candidates meeting the selection criteria is less than the minimum of 4, the contracting authority may invite the candidates who satisfy the criteria to submit a tender.
Provisional timetable
18.Provisional date of invitation to tender:
April/May 2017.
19.Provisional commencement date of the contract:
August 2017.
20.Initial period of implementation of tasks:
The period for implementing the tasks is 12 months from the start date of the contract, although the contract may be terminated at short notice (Article 19 of the special conditions of the contract included in the tender dossier).
The contracting authority may, at its own discretion, extend this framework contract in duration up to additional 12 months by amendment to the present contract signed by both parties. Such an amendment shall be subject to a negotiated procedure according to 3.2.4.1 of the ‘Practical Guide to contract procedures for EU external actions’. The extension will be conditioned and limited by the Mission's mandate and to the availability of corresponding budgetary funds.
Selection and award criteria
21.Selection criteria:
The following selection criteria will be applied to candidates. In the case of applications submitted by a consortium, these selection criteria will be applied to the consortium as a whole unless specified otherwise. The selection criteria will not be applied to natural persons and single-member companies when they are subcontractors:
1) Economic and financial capacity of candidate (based on item 3 of the application form). In the case of the candidate being a public body, equivalent information should be provided:
• the average annual turnover of the candidate must exceed the annualised maximum budget of the contract (2016, 2015 and 2014).
2) Professional capacity of candidate (based on items 4 and 5 of the application form):
— at least 60 staff currently work for the candidate in fields related to this contract,
— at least 20 % of all staff working for the candidate in fields related to this contract are permanent.
3) Technical capacity of candidate (based on items 5 and 6 of the application form). The reference period which will be taken into account will be the last 5 years from the submission deadline (based on items 5 and 6 of the application form):
• the candidate has worked successfully on at least 2 projects with a budget of at least that of this contract covering each of the below fields in the last 3 years (2016, 2015 and 2014):
— provision of cleaning to office facilities,
— provision of cleaning for medical facilities,
— provision of ground maintenance and winter works,
— pest control.
Previous experience which would have led to breach of contract and termination by a contracting authority shall not be used as reference.
An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the contracting authority that it will have at its 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 its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility and notably that of nationality, as the economic operator. With regard to technical and professional criteria, an economic operator may only rely on the capacities of other entities where the latter will perform the works or services for which these capacities are required. With regard to economic and financial criteria, the entities upon whose capacity the tenderer relies, become jointly and severally liable for the performance of the contract.
If more than 8 eligible candidates meet the above selection criteria, the relative strengths and weaknesses of the applications of these candidates must be re-examined to identify the 8 best candidates. The only factors which will be taken into consideration during this re-examination are:
• the highest number of projects in criterion 21.3),
• the highest value of projects in criterion 21.3).
22.Award criteria:
Best price-quality ratio.
Application
23.Deadline for receipt of applications:
21.4.2017 (15:00), Kosovo time zone, at EULEX, Procurement Section, Ndërtesa Farmed, ‘Muharrem Fejza’ p.n., Lagja e Spitalit, 10000 Pristina, KOSOVO.
Any application received by the contracting authority after this deadline will not be considered.
24.Application format and details to be provided:
Applications must be submitted using the standard application form, the format and instructions of which must be strictly observed. The application form is available from the following Internet address:
http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=B
The application must be accompanied by a declaration of honour on exclusion and selection criteria using the template available from the following Internet address:
http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=A
Any additional documentation (brochure, letter, etc.) sent with an application will not be taken into consideration.
25.How applications may be submitted:
Applications must be submitted in English exclusively to the contracting authority in a sealed envelope:
• either by recorded delivery (official postal service) to:
EULEX Kosovo — Procurement Section, Ndërtesa Farmed, ‘Muharrem Fejza’ p.n., Lagja e Spitalit, 10000 Pristina, KOSOVO.
In this case, the delivery record is proof of compliance with the time limit for receipt,
• or hand delivered (including courier services) directly to the contracting authority in return for a signed and dated receipt to:
EULEX Kosovo — Procurement Section, Ndërtesa Farmed, ‘Muharrem Fejza’ p.n., Lagja e Spitalit, 10000 Pristina, KOSOVO.
In this case, the acknowledgment of receipt is proof of compliance with the time limit for receipt.
The contract title and the publication reference (see item 1 above) must be clearly marked on the envelope containing the application and must always be mentioned in all subsequent correspondence with the contracting authority.
Applications submitted by any other means will not be considered.
By submitting an application candidates agree to receive notification of the outcome of the procedure by electronic means. Such notification shall be deemed to have been received on the date upon which the contracting authority sends it to the electronic address referred to in the application.
26.Alteration or withdrawal of applications:
Candidates may alter or withdraw their applications by written notification prior to the deadline for submission of applications. No application may be altered after this deadline.
Any such notification of alteration or withdrawal shall be prepared and submitted in accordance with item 25. The outer envelope (and the relevant inner envelope if used) must be marked ‘Alteration’ or ‘Withdrawal’ as appropriate.
27.Operational language:
All written communication for this tender procedure and contract must be in English.
28.Date of publication of prior information notice:
7.2.2017.
29.Legal basis:
Council Joint Action 2008/124/CFSP of 4.2.2008 on the European Union Rule of Law Mission in Kosovo (hereafter ‘EULEX Kosovo’) as amended by Council Joint Action 2009/445/CFSP of 9.6.2009 and by Council Decision 2010/322/CFSP of 8.6.2010, Council Decision 2012/291/CFSP of 5.6.2012, Council Decision 2013/241/CFSP of 27.5.2013, Council Decision 2014/349/CFSP of 12.6.2014, Council Decision 2014/685/CFSP of 29.9.2014, Council Decision (CFSP) 2015/901 of 11.6.2015, Council Decision (CFSP) 2016/947 of 14.6.2016 and Council Decision (CFSP) 2016/1990 of 14.11.2016.
30.Additional information:
Not applicable.