382226-2010: B-brussels: Joinery Work In Council Of The European Union Buildings

7.1. Groupings:

If a grouping is awarded the contract, it will not be required to assume a specific legal form for contract performance.

However, all grouping members (i.e. lead company and all other partners) must be jointly and severally liable vis-à-vis the contracting authority and undertake jointly to perform the contract.

Groupings must state the name of the lead company (joint representative) and the sole contact person responsible for the monitoring of the call for tender procedure. They must also submit a copy of the documents (proxy) authorising this company and its legal representative to submit a request to participate, to tender or to sign a contract on behalf of the grouping.

All members of the grouping must provide the documents indicated in point 8.

7.2. Subcontracting:

Candidates who make use of the capacities of other bodies in respect of subcontracting must indicate in their request to participate the proportion of the contract which will be subcontracted and the name of the proposed subcontractor(s).

An undertaking from each subcontractor must be provided, clearly stating their intention to collaborate with the candidate should the latter be awarded the contract and giving details of the resources they will make available for performance of the contract.

The Secretariat reserves the right to require that subcontractors provide the documents indicated in point 8.

7.3. Information updating:

The contracting authority needs to be notified in the event of any change in the conditions of the partnership — grouping or subcontractor — during the procedure.

The Secretariat reserves the right to request, again, the documents indicated in point 8 at any time during the procedure.

8.1. Exclusion criteria:

To prove that they are not in any of the situations referred to in Articles 93 and 94 of the Financial Regulation applicable to the general budget of the European Communities, candidates must provide a solemn declaration, duly signed and dated by a legal representative of the company. A consolidated version of this regulation is accessible on the EUR-Lex site (http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002R1605:20071227:FR:PDF).

Pursuant to the Financial Regulation, candidates will be excluded from participating in a procurement procedure if they:

(a) are bankrupt or being wound up, if their affairs are being administered by the court or if they have entered into an arrangement with creditors, if they have suspended business activities, if they are the subject of proceedings of this nature or if they are in any analogous situation arising from a similar procedure under national laws 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 authorities can justify;

(d) have not fulfilled their obligations to pay social security contributions or taxes in accordance with the legal provisions of their country of residence or with those of the country of the contracting authority, or those of the country where the contract is to be carried out;

(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 financial interests of the Union;

(f) are currently the subject of an administrative penalty (exclusion from contracts financed from the budget of the European Union for a maximum period of 10 years):

— either because they have been guilty, during another contract procedure, of misrepresentation in furnishing the information required by the contracting authority in order to take part in the contract in question, or have not furnished said information,

— or because they have been declared to be in serious breach of contract following a different contract procedure from the one in this call for expressions of interest.

In addition, candidates will be excluded from contract award if, at the time of the procurement procedure for this contract, they:

(g) are in a situation where interests conflict;

(h) are guilty of misrepresentation in furnishing the information required by the contracting authority in order to take part in the contract, or have not furnished said information.

The aforementioned solemn declaration must clearly state that the candidate is not in any of the situations described in (a), (b), (c), (d), (e), (f), (g) and (h).

A template for this declaration can be found on the Council's website (https://tendering.consilium.europa.eu/forms.aspx).

8.2. Selection criteria:

In addition, in order to assess their economic and technical capacity, candidates must enclose the following documents with their request to participate dossier:

8.2.1. certificate of enrolment on the professional or trade register or a statement under oath or a certificate in accordance with conditions laid down in the Member State in which they reside;

8.2.2. copy of the balance sheets and operating accounts, or other supporting documents, for the past 3 years;

8.2.3. statement as to overall turnover and turnover for the works described in point 3, realised over the past 3 financial years;

8.2.4. list of the main works similar to those required, performed over the past 3 years, together with details of the values, dates and names and particulars of the public or private recipients involved. Each candidate must prove that, over the past 3 years, he has carried out 3 or more projects of an equivalent nature to those in the call for expressions of interest, each worth 20 000 EUR or more;

8.2.5. statement as to the candidate's average annual manpower over the past 3 years.

Candidates should note that failure to provide sufficient information for the aforementioned points may lead to their application being rejected.

10.1. Dossier presentation:

The application must quote the reference 'AMI-162/10'.

The dossier must include all the documents requested in point 8 above to enable an evaluation of the exclusion and selection criteria.

10.2.. Language(s) in which applications must be drawn up:

1 or more of the official languages of the European Union.

10.3. Dispatch of dossiers:

The request to participate may be submitted electronically or in paper format.

Unless the candidate or tenderer specifies otherwise, the authentic version of a document sent on paper and electronically, in so far as the paper version is not the original one, shall be the electronic version.

If several versions of the same document are sent, the authentic version shall be the most recent version received.

10.4. Electronic communication means

10.4.1. Consilium Tendering platform:

If they wish, candidates may use the Consilium Tendering platform (the Council of the European Union tendering web platform (https://tendering.consilium.europa.eu)) as preferred electronic communication means.

To be able to access the features of the platform for this contract (questions and answers, electronic submission of requests to participate and tenders, messages relating to the evaluation of requests to participate and contract award, online access to the invitation to tender documents for contracts based on this call for expressions of interest, etc.) candidates must first register for the call.

The procedure is as follows:

a. open the page: https://tendering.consilium.europa.eu

b. if you are not yet registered as a user, click on 'Register' and key in your particulars, user name and the password of your choice; the 'Electronic submission' box must be ticked for the electronic submission of the request to participate;

c. click on 'Register for a Call' in the 'Actions' menu on the right-hand side of the screen or directly open the link https://tendering.consilium.europa.eu/registerforacall.aspx

d. select the call (AMI-162/10);

e. complete the registration form for a call by keying in details of the company you represent (or your particulars);

f. submit the form and print it;

g. send the form and documentary evidence (see below);

h. receipt of a confirmation message

or

f. submit the form;

g. state whether you would prefer to receive the list of one-time passwords by registered letter or by fax;

h. print out the form;

i. send the form and documentary evidence (see below);

j. receipt of a confirmation message and then the list of one-time passwords (see below).

For companies, the printed form, duly signed and dated by a legal representative of the company must be sent to the address in point 1 above. It must be accompanied by a copy of any official document (e.g. 'Moniteur', Official Journal, trade register, etc.) to allow identification of the legal entity, the address of the registered office and the registration number with the national authorities, and a copy of the certificate of liability to VAT, if applicable and if the VAT number does not appear on the aforementioned official document. A document must be submitted proving the signatory's powers of signature.

Candidates registering as natural persons must include a legible photocopy of their identity card or passport with the registration form.

The application for registration will be dealt with as soon as possible following receipt of these documents by the General Secretariat of the Council.

Depending on the time required to receive a registered letter, it may take up to 2 weeks to receive the list. Candidates are therefore invited to complete the registration for the call as soon as possible in order to receive their list of passwords as soon as possible and within the validity periods of the call for expressions of interest.

NB: registration for the call, as above, does not exempt you from submitting the full request to participate.

The registration, or any action other than submitting a full request to participate, shall be considered null and void.

10.4.2. Electronic submission of requests to participate:

as soon as the registration request has been approved, a list of one-time passwords for electronic submission will be sent to the candidate.

Candidates must enter 1 of the passwords from this list in order to submit their request to participate electronically.

For candidates submitting their request to participate electronically, the solemn declaration will be automatically incorporated into the electronic submission process.

Further information on registering as a user and for a call, as well as the detailed instructions, can be obtained from: https://tendering.consilium.europa.eu

10.4.3. Requests to participate may be sent by e-mail or fax.

10.5. Paper format:

The request to participate, including all the documents required, must be sent in 1 copy to the address given in point 1 above before the set time limit in this notice.

The package must bear the reference 'AMI 162/10'.

Delivery in person or by private courier to the following address:

chaussée d'Etterbeek 70, Unloading Bay (between 8:30 and 16:30), 1040 Brussels, BELGIUM.

Candidates using the Consilium Tendering platform may enclose their registration form for the call with their request to participate.