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SPECIFICATIONS BTC/CTB BXL 1676 OF 10/05/2017 PUBLIC SERVICE CONTRACT FOR
MARKET RESEARCH ONMARKET POTENTIAL OF
CERTIFIED SMALL PRODUCERS’ PRODUCTS (SPP) IN EUROPE
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 2
TABLE OF CONTENTS
1 GENERAL CONDITIONS ...................................................................................... 4
1.1 DEVIATIONS FROM THE GENERAL EXECUTION RULES ..................................................... 4
1.2 CONTRACTING AUTHORITY ............................................................................................ 4
1.3 RULES GOVERNING THE PUBLIC CONTRACT .................................................................... 4
1.4 DEFINITIONS ................................................................................................................. 5
1.5 CONFIDENTIALITY ......................................................................................................... 5
1.6 DEONTOLOGICAL OBLIGATIONS ..................................................................................... 6
1.7 APPLICABLE LAW AND COMPETENT COURTS .................................................................. 7
2 OBJECT AND SCOPE OF THE CONTRACT ........................................................ 8
2.1 TYPE OF CONTRACT ...................................................................................................... 8
2.2 OBJECT AND SCOPE OF THE CONTRACT ......................................................................... 8
2.3 QUANTITIES ................................................................................................................. 8
2.4 DURATION .................................................................................................................... 8
3 PROCEDURE ......................................................................................................... 9
3.1 AWARD PROCEDURE ..................................................................................................... 9
3.2 PUBLICATION ............................................................................................................... 9
3.3 INFORMATION ............................................................................................................... 9
3.4 TENDER ....................................................................................................................... 9
3.5 QUALITATIVE SELECTION ............................................................................................ 12
3.6 AWARD ...................................................................................................................... 14
3.7 NEGOTIATIONS ........................................................................................................... 14
3.8 CONCLUDING THE CONTRACT ...................................................................................... 14
4 SPECIAL CONTRACTUAL PROVISIONS .......................................................... 15
4.1 LEAD OFFICIAL ........................................................................................................... 15
4.2 THIRD PARTIES ........................................................................................................... 15
4.3 INTELLECTUAL PROPERTY RIGHTS ............................................................................... 15
4.4 PERFORMANCE BOND ................................................................................................. 16
4.5 PAYMENTS ................................................................................................................. 16
4.6 LITIGATION ................................................................................................................. 16
4.7 MEANS OF ACTION OF THE CONTRACTING AUTHORITY ................................................... 17
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 3
4.8 ACCEPTANCE ............................................................................................................. 17
4.9 END OF THE CONTRACT .............................................................................................. 18
5 TERMS OF REFERENCE .................................................................................... 19
5.1 BACKGROUND ............................................................................................................ 19
5.2 INTRODUCTION ........................................................................................................... 19
5.3 STUDY OBJECTIVES .................................................................................................... 21
5.4 SCOPE ....................................................................................................................... 21
5.5 EXPECTED RESULTS ................................................................................................... 23
5.6 SUGGESTED METHODOLOGY ....................................................................................... 23
5.7 TIME FRAMEWORK ..................................................................................................... 26
5.8 DELIVERABLES ........................................................................................................... 26
6 FORMS ................................................................................................................ 28
6.1 IDENTIFICATION OF THE TENDERER .............................................................................. 29
6.2 INTEGRITY STATEMENT FOR THE TENDERERS ................................................................ 30
6.3 LIST OF SIMILAR SERVICES .......................................................................................... 32
6.4 CV OF THE RESPONSIBLE/PROJECT LEADER FOR IMPLEMENTING THE MARKET
STUDY ............................................................................................................................... 33
6.5 CV(S) OF THE FIELD RESEARCHER(S) .......................................................................... 34
6.6 TENDER FORM - PRICE ................................................................................................ 35
6.7 DETAILED METHODOLOGY ........................................................................................... 36
6.8 DETAILED CALENDAR .................................................................................................. 37
6.9 SUBCONTRACTORS (IF APPLICABLE) ............................................................................ 38
6.10 ANNEX: ACCESS RIGHTS ............................................................................................. 39
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 4
1 General conditions
1.1 Deviations from the General Execution Rules
Point 4 “Special contractual provisions” of these Tender Specifications includes the
administrative and contractual clauses that apply in particular to this public contract as a
deviation of the General Implementing Rules (Royal Decree of 14 January 2013) or as a
complement or an elaboration thereof.
These Tender Specifications do not derogate Articles of the General Implementing Rules
– GIR (Royal Decree of 14.01.2013).
1.2 Contracting authority
The contracting authority of this public contract is “Belgian Technical Cooperation”, further
called BTC, Public-law Company with social purposes, with its registered office at Rue
Haute 147, 1000 Brussels in Belgium (enterprise number 0264.814.354, RPM/RPR
Brussels).
In accordance with the Law of 21 December 1998 establishing “Belgian Technical
Cooperation”, BTC has the exclusive competence for the execution, in Belgium and
abroad, of public service tasks of direct bilateral cooperation with the partner countries.
Moreover, BTC can also perform other development cooperation missions at the request
of public interest organisations, and it can develop its own activities to contribute towards
realization of its objectives.
For this public contract BTC is represented by Mr Carl Michiels, Chair of the Management
Committee, and by Mr Peter Pauwels, member of the Management Committee of the
Belgian Technical Cooperation.
1.3 Rules governing the public contract
The following apply to this contract, among others:
The Law of 15 June 2006 on public procurement and on certain contracts for works,
supplies and services1;
The Law of 17 June 2013 on the motivation, information and review procedures in the
fields of supply, works and service contracts;
The Royal Decree of 15 July 2011 concerning the award of public works, supply and
service contracts in the classical sector public procurement.1
The Royal Decree of 14 January 2013 establishing the general rules of execution of
public contracts. 1
The Law of 21 December 1998 establishing Belgian Technical Cooperation2, changed
1 A consolidated version of this document can be consulted in French or Dutch on www.16procurement.be and on Mon. B of 15
february 2007 (law), Mon. B. of 9 August 2011 (awarding) and 14 february 2013 (execution). 2 Belgian Official Gazette 30.12.1998.
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 5
by the Laws of 13 November 2001 and 30 December 20013.
Convention on Combating Bribery of Foreign Public Officials in International Business
Transactions, which was transposed into Belgian legislation in the Law of 10
February 1999 on the Suppression of Corruption4.
1.4 Definitions
The following definitions shall be used for the purposes of this contract:
The tenderer: The natural person (m/f) or legal entity that submits a tender;
The contractor/the supplier/the service provider: The tenderer to whom the contract is
awarded;
The contracting authority: BTC;
The tender: The commitment of the tenderer to perform the public contract under the
conditions that he has submitted;
The General Implementing Rules (GIR): contractual provisions see part 4;
Specifications: This present document and its annexes and the documents it refers to.
Corrupt practices: The offer of a bribe, gift, gratuity or commission to any person as
an inducement or reward for performing or refraining from any act relating to the
award of a contract or implementation of a contract already concluded with the
contracting authority;
Litigation: Court action.
Variant: an alternative conception or execution mode which can be introduced next to
the standard bid on demand of the contracting authority (‘facultative’ or ‘voluntary’ :
tenderer is not obliged to submit a bid or ‘mandatory’ : tenderer is obliged to submit a
bid) or on the initiative of the tenderer (free variant only if authorised in the
specifications or tender documents);
Option: an accessory element which is not strictly necessary to the execution of the
contract but which has been introduced on demand of the contracting authority or on
the initiative of the tenderer.
1.5 Confidentiality
The tenderer or contractor and BTC are bound to secrecy vis-à-vis third parties with
regards to any confidential information obtained within the framework of this contract and
will only divulge such information to third parties after receiving the prior written consent
of the other party.
They will disseminate this confidential information only among appointed parties involved
in the assignment. They guarantee that said appointed parties will be adequately
3 Belgian Official Gazette 17.11.2001 and 31.12.2001.
4 Articles 240 to 252, 504bis to 504ter of the Criminal Code and articles 10quater of the Code of Criminal Procedures.
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 6
informed of their obligations in respect of the confidential nature of the information and
that they will comply therewith.
1.6 Deontological obligations
Any failure to comply with one or more of the deontological provisions may lead to the
exclusion of the candidate, the tenderer or the contractor from other public contracts
concluded with BTC.
For the duration of the contract, the contractor and his staff respect human rights and
undertake not to go against political, cultural or religious customs of the beneficiary
country. The tenderer or contractor is bound to respect fundamental labour standards,
which are internationally agreed upon by the International Labour Organisation (ILO),
namely the conventions on union freedom and collective bargaining, on the elimination of
forced and obligatory labour, on the elimination of employment and professional
discrimination and on the abolition of child labour.
Any attempt of a candidate or a tenderer to obtain confidential information, to proceed to
illicit arrangements with competitors or to influence the evaluation committee or the
contracting authority during the investigation, the clarification, evaluation of tenders and
applicants comparison procedures shall lead to the rejection of the application or the
tender.
Moreover, in order to avoid any impression of risk of partiality or connivance in the follow-
up and control of the performance of the contract, it is strictly forbidden to the contractor
to offer, directly or indirectly, gifts, meals or any other material or immaterial advantage, of
whatever value, to the employees of the contracting authority who are concerned, directly
or indirectly, by the follow-up and/or control of the performance of the contract, regardless
of their hierarchical position.
Any tender will be rejected and any (public) contract will be cancelled once it appears that
the contract awarding or its performance induced the transfer of ‘extraordinary
commercial expenditure’. Extraordinary commercial expenditure is any commission that is
not mentioned in the main contract or that does not result from a contract in good and due
form referring to that contract, any commission that is paid for no actual legal service, any
commission transferred into a fiscal paradise, any commission transferred to a beneficiary
that is not clearly identified or to a company that obviously merely serves as a façade.
The contractor of the public contract commits to supply, upon the demand of the
contracting authority, any supporting documents related to the performance conditions of
the contract. The contracting authority shall be allowed to proceed to any control, on
paperwork or on site, which it considers necessary to collect evidence to support the
presumption of unusual commercial expenditure. Depending on the gravity of the facts
observed, the contractor having paid unusual commercial expenditure is liable to have his
contract cancelled or to be permanently excluded.
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 7
1.7 Applicable law and competent courts
The public contract must be performed and interpreted according to Belgian law.
The parties commit to sincerely perform their engagements to ensure the good
performance of this contract.
In case of litigation or divergence of opinion between the contracting authority and the
contractor, the parties shall consult each other to find a solution.
If agreement is lacking, the Brussels courts are the only courts competent to resolve the
matter.
See also point 4.6 Litigation (Article 73 of the Royal Decree of 14.01.2013).
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 8
2 Object and scope of the contract
2.1 Type of contract
This contract is a service contract (A10)
2.2 Object and scope of the contract
This public service contract consists in a market research on market potential of certified
Small Producers’ Products (SPP) in Europe, in conformity with the conditions of these
Specifications.
This contract is a contract with one lot.
2.3 Quantities
See part ‘Terms of Reference’.
2.4 Duration
The performance period starts the day after the award notification date of this contract
and expires at the latest at the end of the service provision (acceptance), in conformity
with the Terms of Reference.
The study and consequential marketing plan should be fully delivered and approved
before 31 December 2017.
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 9
3 Procedure
3.1 Award procedure
Direct Negotiated procedure with prior publication of a notice in application of Art. 26, § 2,
1°d, of the Law of 15 June 2006.
3.2 Publication
3.2.1 Official publication
The contract notice is subject to national publication in the Belgian Public Tender bulletin
(“Bulletin des Adjudications” BDA) (via e-notification).
3.2.2 BTC publication
This contract is published on the BTC website (www.btcctb.org).
3.3 Information
The awarding of this contract is coordinated by the Logistics & Acquisitions service.
During this procedure, all contacts between the contracting authority and the tenderers
about the present contract will exclusively pass through this service. The tenderers are
prohibited to contact the contracting authority any other way with regards to this contract,
unless otherwise stipulated in the present Specifications.
Therefore, any information must be asked for in written or by e-mail to Mrs Dominique De
Mol, public procurement administrator, Rue haute 147, 1000 Brussels, Belgium
(Dominique.DEMOL@btcctb.org).
Until the notification of the award decision, no information will be provided about the
evolution of the procedure.
If interested tenderers download the electronic version of the Specifications, they are
requested to contact the public contracts manager, to provide him/her with their contact
details and to be informed of possible changes or additional information. Tenderers who
have downloaded the Specifications are also advised to regularly consult the BTC
website (www.btcctb.org).
3.4 Tender
3.4.1 Scope of the tender
The tenderer must accept without any reserve the whole of the Specifications. Should the
Specifications prove to contain deficiencies, errors and/or unclear provisions, then the
tenderer must point these out and correct them in a separate document, giving
appropriate explanations and describing the ensuing consequences, in particular the
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 10
financial and technical consequences.
By submitting a tender, the tenderer declares renouncing to his own (sales) conditions.
Any other statement will be considered a condition leading to the irregularity of the tender.
3.4.2 Compilation of the tender
The tender of the tenderer will consist of the following sections: (see point 6 “Forms”):
6.1 The identification form;
6.2 The integrity statement;
6.3 List of similar services (technical capacity);
6.4 CV of the responsible/project leader for implementing the market study
(technical capacity);
6.5 CV(s) of the field researcher(s) (technical capacity);
6.6 The tender form - price (award criterion);
6.7 The detailed methodology (award criterion);
6.8 The detailed calendar (award criterion);
6.9 List of subcontractors (if applicable).
The tenderer is strongly advised to use the tender forms in annex. In this respect, the
tenderer's attention is drawn to Article 80 of the Royal Decree of 15 July 2011, which
stipulates: "When the contract documents include a form for drawing up the tender and
for filling out the summary bill of quantities or the inventory, the tenderer shall use it"
When not using this form, he is fully responsible for the perfect concordance between the
documents he has used and the form".
3.4.3 Prices
3.4.3.1 Determination of prices
This contract is a global price contract, i.e. only the global price is a lump-sum price. All
prices are mentioned in EUR (euros). No single formula binding the parties to an
exchange rate will be accepted.
Prices given are exclusive of VAT.
3.4.3.2 Elements included in the price
The service provider is supposed to include in all prices all costs and taxes that generally
somehow affect the services, with the exception of the value-added tax.
The following are included in the lump-sum prices: fees, the per diems, accommodation
costs, insurance costs, visa costs, communication costs, administrative and secretariat
costs, costs for documentation of the services that can be required by the contracting
authority, the production and delivery of documents or records linked to the execution of
the services, the customs and excise duties for materials and products used, the
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 11
packaging costs, the reception costs, all costs, staff and material expenses needed to
execute the present contract, the copyright fees, the purchase or leasing of third party
services needed for the execution of the contract.
In the framework of this specific contract, the service provider is requested to take care of
the travel and accomodation costs of SPP-participants to workshops (see point 5 “Terms
of Reference”). Considering the difficulty to estimate correctly these costs at this stage,
the costs linked to the travel and accommodation of these SPP participants only will not
be included in the submitted tender price. These concerned costs will be paid back by
BTC to the service provider. The costs will have to be agreed beforehand by BTC and will
be invoiced by the service provider to BTC, based on the real costs with the original piece
of evidence provided.
3.4.3.3 Revision of prices
No review of prices will be accepted. The prices are fixed and not subject to review.
3.4.4 Language
The tender will be in French or Dutch or English.
3.4.5 Period during which the tender is binding
Tenderers remain bound by their tender for 90 calendar days, starting the day after the
deadline for the receipt of tenders.
3.4.6 How to submit tenders?
The tender will be drawn up in 2 copies: one hard copy of which will mention “original”
and one copy of which will mention “copy” or “duplicata”. The copy may be submitted as
PDF files on a CD-ROM or USB-stick.
The tender includes the necessary documents in view of the selection and award criteria
(see points 3.5 “qualitative selection” and 3.6 “awarding”).
The signed and dated original and “copies” or “duplicata” will be sent to Belgian Technical
Cooperation, Rue haute 147, 1000 Brussels to Mrs. Dominique De Mol, public
procurement administrator, in a sealed enveloped mentioning: “TENDER”, the
Specifications number (Bxl 1676). It has to be received by 05/06/2017 at 2.00pm
(Belgian time) at the latest. It will obligatorily have to be submitted by registered mail
through the postal services5, either by courier, against acknowledgement of receipt.
The tender and all accompanying documents have to be signed (original hand-written
signature) by the tenderer or his/her representative. The same applies to any alteration,
deletion or note made to this document. The representative must clearly state that he/she
is authorised to commit the tenderer.
5 In case of reception after the above-mentioned date, only tenders for which a certificate of mailing that is dated at least one (1)
day before the deadline for the receipt of tenders will be accepted.
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 12
3.5 Qualitative selection
As part of the fight against conflicts of interests, in particular in view of avoiding revolving
doors mechanisms as defined in the Law of 8 May 2007 approving the United Nations
Convention against Corruption, adopted in New York on 31 October 2003, the tenderer
shall refrain from relying on any former (internal or external) collaborators of the Belgian
Technical Cooperation, within two years from his/her/their resignation, retirement or any
other type of departure from the Belgian Technical Cooperation, for whatever reason,
directly or indirectly, for the elaboration and/or introduction of his tender or any other
intervention under the award procedure or for tasks to be conducted as part of the
performance of this public contract.
The above provision does however only apply when there is a direct link between the
preceding activities conducted for the contracting authority by the person(s) concerned
and his/her/their activities for this public contract.
Any breach of this measure liable to distort the normal conditions of competition is subject
to a sanction in accordance with the provisions of Article 9 of the Law of 15 June 2006 on
procurement and certain works, supply and services contracts. In concrete terms, this
sanction, depending on the case, consists of discarding the tender or terminating the
contract.
Access rights and selection criteria:
Before the contracting authority can start investigating the regularity of the tenders and
evaluating them on the basis of the award criterion/criteria, tenderers that do not meet
certain minimum quality conditions will be excluded from the procedure and their tender
will not be investigated.
Access rights
By submitting this tender, the tenderer certifies that he is not in any of the cases of
exclusion listed in Part 6 (Article 61 of the Royal Decree of 15 July 2011).
The contracting authority will verify the exactitude of this implicit Declaration on honour for
the tenderer with the top-ranked tender. For that purpose, the contracting authority will
ask the concerned tenderer to provide information or documents allowing the contracting
authority to verify the tenderer's personal situation by the fastest means and within the
term set by the contracting authority. For Belgian tenderers, the contracting authority will
itself ask for information or documents that it can obtain free of charge by electronic
means from the instances that manage the information or documents (attestations 2, 3
and 4 listed below).
The documents that can be obtained for this verification are the following:
1) the attestation issued by the competent authorities of the country in which the tenderer
is established proving the tenderer has not been found guilty by a judgment which has the
force of res judicata for:
participation in a criminal organization;
corruption;
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 13
fraud;
money laundering;
any crime that blemishes his professional integrity;
2) the attestation issued by the competent authorities of the country in which the tenderer
is established proving the tenderer is not in a state of bankruptcy, liquidation, cessation of
activities, judicial reorganization or is in any analogous situation arising from a similar
procedure in nature in other regulations;
3) the attestation issued by the competent authorities of the country in which the tenderer
is established proving the tenderer is in compliance with its obligations relating to the
payment of social security contributions in accordance with the legislation of the country
where he has his registered office;
4) the attestation issued by the competent authorities of the country in which the tenderer
is established proving the tenderer is in compliance with its obligations relating to the
payment of taxes in accordance with the legislation of the country where he has his
registered office;
If the tenderer is a freelance worker, he/she will include in his/her tender a declaration of
his/her social insurance institution and/or a declaration on honour stating that he/she
does not employ anybody who is subjected to social security contributions.
If the tenderer is a temporary association, each member of the temporary association has
to be able to provide the attestations listed above.
Technical Capacity
The technical capacity of the company will be evaluated against know-how and
experience.
The tenderer has to include in his tender:
- The list of the main similar services, at least 3 in the last three years, including
a few lines (keywords) explaining the content of each study, the amount involved
and the relevant dates, and the public or private bodies on behalf of which they
were carried out showing that the tenderer has experience in conducting similar
studies as the one concerned by this contract.
- The CV of the responsible/project leader (the person - only one - that will
lead/coordinate the project) that will implement the market study showing that the
responsible has experience in leading similar studies (at least two) as the one
concerned by this contract.
- The CV(s) of the field researcher(s) (if different than the responsible) showing
that the field researcher(s) has/have experience in participating in similar studies
(at least two) as the one concerned by this contract and showing his/her fluency
in the languages of the concerned EU-countries as well as his/her level of local
market knowledge.
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 14
3.6 Award
The choice of the most advantageous tender is based on the evaluation of the tenders
against the following criteria in decreasing order of importance:
- Methodology: the tenderer is encouraged to amend or recommend alternatives
to the suggested methodology (see Part 5 “Terms of Reference”) and is
requested to provide a detailed methodology that explicitly describes and
quantifies how the service provider will carry-out the research, which specific
external or internal information sources will be used, which survey techniques
and interview tools that will be used, how many site visits will be planned and
where, how many interviews will be conducted and with whom, roles and
responsibilities of the research team members, etc.
- Price.
- Timing: detailed calendar.
The contract will be awarded to the tenderer who submitted the most advantageous,
possibly improved, tender providing the best methodology to reach the expected results
as described in the terms of reference, at the best cost and within the shortest timeframe.
3.7 Negotiations
Tenderer(s) with the most interesting tender(s) can be invited to present/detail their tender
in writing or during a meeting with the contracting authority. If necessary, they will be
invited to submit an improved tender.
The contracting authority reserves the right, during the negotiations, to derogate from the
administrative and technical provisions set out in the Specifications.
3.8 Concluding the contract
The contract will be awarded to the (selected) tenderer who submitted the most
advantageous, possibly improved, tender on the basis of the criteria mentioned above.
However, in application of Art. 102 of the Royal Decree of 15 July 2011, the contracting
authority can waive the awarding of the contract or can restart the procedure, if necessary
in another manner.
So, the full contract agreement consists of a public contract awarded by BTC to the
chosen tenderer in conformity with these Specifications and the annexes, the tender and
all its annexes, the registered letter of notification of the award decision and any later
documents that are accepted and signed by both parties.
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 15
4 Special contractual provisions
This chapter contains the “Special contractual provisions” of these Specifications or the
administrative and contractual clauses that apply in particular to this public contract as a
derogation of the General Execution Rules (Royal Decree of 14 January 2013) or as a
complement or an elaboration thereof.
4.1 Lead official
The lead officer is Mr Mathieu Desantoine, Marketing Officer, Rue haute 147, 1000
Brussels, e-mail: mathieu.desantoine@btcctb.org.
Once the contract is concluded, the lead officer is the main contact point for the service
provider. Any correspondence or any questions with regards to the execution of the
contract will be addressed to him, unless explicitly mentioned otherwise in the
Specifications.
The lead officer is responsible for the good performance and the coordination of all
activities related to expertise and reception.
The lead officer is fully competent for the follow-up of the satisfactory performance of the
contract, including issuing service orders, drawing up processes verbal and states of
affairs, the approval of the services, progress reports and reviews. The lead officer may
issue all orders within the limits of these Specifications to ensure the satisfactory
performance of the contract.
However, the following are not part of the competence of the Lead Official: The signing of
amendments or any other decision or agreement implying derogation from the essential
clauses and conditions of the contract. For such decisions the contracting authority is
represented as stipulated under point 1.2 “Contracting authority”.
4.2 Third parties
The service provider commits to having the contract executed by the persons indicated in
the tender (and the selection documents), except for force majeure.
For all subcontractors and services hired that are not mentioned in the tender or selection
file, the service provides will have to obtain the approval of the lead officer. In no case the
contracting authority will accept or pay expenses that are due to non-approved transfer or
subcontracting.
4.3 Intellectual property rights
§ 1. The contracting authority will ipso jure acquire the author rights and/or intellectual
property rights on all documents and/or reports that will be created by the service provider
in the context of this public contract.
The transfer of these rights will occur at the time of the approval/validation of said
documents and reports.
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 16
§ 2. The service provider commits to not advertising about this contract without the
preliminary written agreement of the contracting authority. He may however, mention this
contract as a reference in the context of a public contract, provided that he is true in the
presentations of the status (e.g. ‘in execution’) and in as far that the contracting authority
has not withdrawn this permission for cause of poor execution of the contract.
4.4 Performance bond
For this public contract no performance bond is required.
4.5 Payments
Payment is made in conformity with article 160 of the general execution rules, and
therefore payment is made within thrity calendar days strating from the end of the
verification/acceptance modalities.
The invoice will be submitted by the representative of the service deliverer in two copies
after each section, one copy of which will mention “original” and the other copy of which
will mention “copy” or “duplicata”; it will mention the name of the service (Market research
on the market potential of certified Small Producers’ Products (SPP) in Europe), the
number of the Specifications (Bxl 1676) and the name of the lead officer (Mathieu
Desantoine). The two copies will be sent to the following address: Belgian Technical
Cooperation, “Finance directorate”, Rue haute 147, 1000 Brussels, Belgium.
This invoice will be signed and dated, and will include the statement: “Certified true and
sincere for the amount of EUR…… (amount in words)”.
The service provider may not request advances.
A first tranche (30%) may be asked after reception and approval of the mid-term report of
the market study.
Final payment (70%) will be made after reception and approval of the final report of the
market study.
In case the request of BTC is extended, payment will be made after approval of the
product by BTC, on the basis of an invoice that is calculated in function of the number of
days worked.
4.6 Litigation
This contract and all legal consequence that might ensue fall fully within the scope of
Belgian law.
In case of litigation or divergence of opinion between the contracting authority and the
contractor, the parties will consult each other to find a solution.
If agreement is lacking, the Brussels courts are the only courts competent to settle
litigation.
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 17
4.7 Means of action of the contracting authority
4.7.1 Expiration of the execution deadline
Without prejudice to the provisions of the general execution rules, the expiration of the
(possibly extended) execution deadline, counts as a formal demand to the service
provider.
All provisions with regards to penalties for late delivery apply ipso jure, without formalities
or any notice.
4.7.2 Failure of performance
The contractor is considered to be in failure of performance of the contract:
When the services are not completely achieved at the contractual execution deadline
or at the different dates set for their partial achievement;
At any time, when the services are not conducted in such a way that they can be fully
completed at the dates set;
When he does not follow written orders, which are given in due form by the
contracting authority;
When services are not provided under the conditions (set by the contract).
Any failure to comply with the provisions of the contract, including the non-observance of
orders of the contracting authority, are put down in a process verbal, a copy of which is
immediately transmitted to the contractor by registered mail.
The contractor is bound to comply immediately. He can assert his right of defence by
registered mail addressed to the contracting authority within fifteen calendar days
following the date that the process verbal was sent. His silence is considered, after this
period, as an acknowledgement of the facts recorded.
4.8 Acceptance
The acceptance of the contract consists of the contracting authority verifying that the
services delivered by the service provider comply with good practice and with the
provisions and terms and conditions of the contract.
4.8.1 Technical acceptance
The contracting authority reserves the right to demand an activity report at any time of the
mission to the service provider.
4.8.2 Provisional acceptance
If a first tranche is requested, within 15 working days after the reception of the mid-term
report, a process verbal of provisional acceptance or a process verbal of refusal of
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 18
reception is drawn up.
4.8.3 Final acceptance
The contractor submits first a draft report by e-mail to BTC. 15 calendar days after receipt
of the draft report BTC will be sending its comments, if any, to the contractor.
The contractor sends the final report 7 days after receipt of BTC’s comments.
4.9 End of the contract
Within 15 working days after the reception of the final report, a process verbal of final
acceptance or a process verbal of refusal of reception is drawn up.
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 19
5 Terms of reference
5.1 Background
The Trade for Development Centre (TDC – www.befair.be) of the Belgian Development
Agency (BTC) promotes fair and sustainable trade.
In developing countries, TDC aims to economically and socially empower MSMEs (micro,
small and medium-sized enterprises/organisations) by enhancing their business and
marketing knowledge and improving their access to markets.
This is done by conducting market researches allowing these MSMEs to better
understand and capture market opportunities, be it nationally or internationally. These
market studies are either used directly by MSMEs or by partner organisations (business
support organisations, certification bodies, producer networks,...) in their day-to-day work
to strengthen these MSMEs.
Additionally, with its producer support programme TDC provides financial and marketing
assistance to MSMEs.
Lastly, TDC closely observes the evolution of sustainable markets to inform authorities,
civil society, consumers and other economic actors as objectively as possible on the
relevance and potential of sustainable trade in Europe and in the South.
Within this framework, TDC has decided to conduct a new study on the market potential
of certified Small Producers’ Products (“SPP” – see explanation below) in Western
Europe.
5.2 Introduction
The SPP (Small Producers’ Symbol - “Símbolo de Pequeños Productores”) was created
in 2006 by CLAC (Latin American and Caribbean Network of Fair Trade Producers -
“Coordinadora Latinoamericana y del Caribe de Pequeños Productores y Trabajadores
de Comercio Justo”) and launched internationally in 2011. In 2012, the CLAC decides to
become full member of Fairtrade International (FTI) and the ownership of the SPP was
fully transferred to SPP Global - formerly called FUNDEPPO - the non-profit network of
about 115 Small Producers organizations from 23 countries (14 in Latin America, 6 in
Africa and 3 in Asia), working for the benefit of about 110,000 small producer families.
Over the last three decades, Small Producers’ Organizations (SPO) from the South have
been increasingly accessing to the European market with main-stream fair trade labels,
such as FTI, Fair for Life, Naturland Fair, and more recently SPP.
These SPO´s, nevertheless, the last couple of years have suffered a strong increase of
unfair competition of other production schemes, like private plantations and also because
of the accumulation of fair trade contracts by multinational companies and their traditional
providers.
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 20
The SPP (Small Producers’ Symbol - “Símbolo de Pequeños Productores”), has been an
important mean for these organizations to (re-)build the particular market for small
producers’ organizations.
The SPP has strived for market-success by positioning the initiative by its own values,
trying to benchmark itself against other fair trade labels, mainly FTI and Fair For Life,
which are the best positioned fair trade labels in the West European market. Some of the
main differentiation-elements of the SPP are:
The SPP is 100% created, owned and steered in all senses by Small Producers
Organizations themselves.
It exclusively focusses on organizations of small producers; it does not allow the
certification as producers of private plantations, individual or unorganized small
farmers.
It is the only label that fully focusses on the origin of products, as coming from
democratically organized small producers.
Minimum prices for producers are higher than other minimum prices (for instance,
FTI) and it has minimum prices where others don´t (sugar-case).
SPP has both food and handcrafts standards.
Organic premiums for producers are higher than other organic premiums.
It guarantees traceability of SPP-certified products in all cases (against mass balance
used in other labels).
The traders are obliged to commit to buy minimum purchase volumes.
For mixed products, a minimum of 50% SPP-certified ingredients is required.
It not only claims to be a fair trade label but also for general sustainability of small
productions, in ecologic, economical and other senses.
It orients the producers to become organically certified. As a matter of fact, over 90%
of participating producers’ organizations are organically certified.
The SPP has been growing moderately; about 6 million euro of values of certified
transactions in 2016, at an average 25% annual growth rate, on the European market,
which is nevertheless not sufficient for the steadily growing number producers’ groups,
which have high expectations for sales under the coverage or this label. They want to
raise their sales under this label from 17% to 30% on an average. As a matter of fact,
many more producers’ organizations are interested in the certification, but are waiting for
more market opportunities, in order to avoid the increase of their costs during a low-end
market period. This fact is related to a decrease in market opportunities under other – fair
trade – labels, where trade-chains are becoming more controlled by main-stream
intermediary companies and the profiles of certified SPOs is changing.
Although some main players in the European fair trade market have been participating
and sympathizing with the SPP (Ethiquable/Café Michel, GEPA), the growth of new
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 21
players has been limited. Much of the market growth has been a result of the increase of
the number of products and their market-share of the Ethiquable-company (France, with
some presence in Benelux, Germany and Spain).
We have detected a certain interest of smaller roasters and other small brands in Europe,
but they do not seem to be very easily involved in certification-processes as a result of
their limited turn-over. The SPP designed a procedure for them to be certified through
their providers, but this tool has not had the impact aimed for.
The SPP has been promoted more as a small-producers’ label than as a fair trade label,
although the initiative comes out of a network of fair trade producers. Part of our SPO´s,
board members and trader-clients and consumers regret this position, as they feel the
SPP is deemed to ‘reconquer’ the fair trade market in its original concept and values.
Others feel that a stronger disassociation with the Fair Trade concept makes the SPP
freer to position itself in a different way without having to be aggressive against competing
labels on the fair trade market.
Currently SPP Global has its central office in Mexico City, coordinating the international
communication and market development. SPP Global has also regional representatives in
France and Germany.
5.3 Study objectives
General objective
Market research and development of a marketing-plan to increase the sales of the
products of SPP certified Small Producers´ Organizations from the South on the West
European market.
Specific objectives
1) To identify the profile and universe of potential buyers, distributors, consumers
and supportive organizations on the West European market for products (raw
materials and end-products) of Small Producer Organizations certified by SPP-
standards.
2) To obtain information and opinions of potential buyers, distributors, consumers
and supportive organizations on the West European market for analysis and
formulation of a Marketing Plan.
3) To formulate a Marketing Plan, including strategies, tools, support structure and
actions needed for the Small Producers’ Organizations, SPP Global and its local
partners to fulfil the General Objective.
5.4 Scope
Product Scope
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 22
Coffee (green)
Cocoa
Sugar (raw, refined)
Banana (fresh)
Geographical Scope
Market potential in the following EU countries:
Belgium
France
Germany
Italy
The Netherlands
For products produced under SPP-certification in the following countries:
COUNTRY COFFEE COCOA SUGAR (raw and crystalized)
BANANA
Bolivia X X X
Colombia X X X X
Costa Rica X
Ecuador X X X
El Salvador X
Guatemala X X
Haiti X X
Honduras X
Mexico X
Nicaragua X X X
Paraguay X
Peru X X X X
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 23
5.5 Expected Results
1) An Inventory of the Potential Market in Western Europe for the products of small
producers’ organizations under SPP Certification.
2) Systematized Feedback of potential buyers, distributors, consumers and supportive
organizations on the West European market on the possibilities of sales for products
under SPP certification.
3) A Marketing Plan for the small producers’ organizations, SPP Global and its local
allies for the west European market.
5.6 Suggested Methodology
The service provider is encouraged to amend or recommend alternatives to the
suggested methodology below as methodology is one of the award criteria see 3.6
# Objective Action Specifications
1) Identification of current products and services SPP certified
a Inventory SPP products and services available for Europe
Desk-top research Focus on the main products included in the scope of this study (cocoa, coffee, sugar, and bananas), while keeping an overview of the other available SPP products, distinguishing between raw materials and semi-finished and finished products for distribution.
b Recover commercial historical experience of the SPP
Virtual meeting with informants
The organization of a digital meeting with the principals involved in the historical operational and managerial development of SPP for recovery of experiences and strategies implemented, successes and setbacks. A list of 10-12 persons will be provided to the awarded service provider.
c To recollect the current perception and feedback from buyers and end-users to refine research tools
Digital current satisfaction survey of customers (buyers, consumers and organizations of civil society nearby). Current buyers can assist in the selection of consumers in each region.
The survey would have to be qualitative, not statistical, to facilitate its implementation. A list of approx. 40 contacts will be provided to the awarded service provider.
2) Identification of potential customers and stakeholders
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 24
# Objective Action Specifications
a Knowing the general structure of the potential market for different products in the different countries.
Online Desktop Research Description of the general market-structure of the products selected for this study (cocoa, coffee, sugar and bananas); the different segments; those segments with SPP potential and key players for each of the selected countries (Germany, Belgium, France, The Netherlands, Italy)
b Identification and classification of traders and social actors potentially interested in participating with SPP.
Online Desktop Research Collect lists of selected companies in those markets related to the SPP specialized products; delimited by major product-categories in the scope of this study; Identify complementary, regulatory and social supportive organizations
3) Development of research tools
a Develop specific information and feedback-tools for the different workshops and visits (buyers, consumers, support agencies); for national workshops and subsequent survey
Adaptation of existing content and generation of materials and tools for consultation and data systematization
1 Current SPP presentations for buyers and for the general public in the respective languages (FR, GE, NL, IT) will be provided.
2 Development of the online survey to do with attendees of the workshops, afterwards.
3 Generation materials and questionnaires for personal interviews
b Tools for systematization and analysis of feedback data
Selection and adaptation of tools for systematization of data.
Develop a database and /or an online system to systematize the information to be collected.
4) Execution National Workshops in concerned EU countries and Interactive Poll Post
a Collective feedback from domestic actors in each country
National physical workshops, possibly with streaming and analysis of results
1 A workshop per country in principle (depending on potential demand)
2 The workshops are multi-product
3 Participation of current SPP producer(s) / representative(s) / purchaser(s) / certifier(s) for clarification: 2 persons originating from Latin-America
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 25
# Objective Action Specifications
should be present in each workshop. They will most likely be originating from Riobamba (Ecuador), Popayán (Colombia), Piura (Perú) or Oaxaca (México). The idea would be to have each ‘couple’ visiting two workshops during the same trip. The selection of these Latin-American participants will be facilitated by SPP Global. The service provider will take care of travel and accommodation of these 2 persons per workshop. These costs will not be included in the submitted overall tender price for the realisation of this study. The costs linked to the travel and accommodation of these SPP participants will have to be agreed beforehand by BTC and will be invoiced by the service provider to BTC, based on the real costs with the original piece of evidence provided.
b Feedback of actors and review willingness to be part of a list for conducting personal interviews.
A virtual survey Application of subsequent online evaluation- and feedback-survey to workshop attendees.
5) Visits for personal interviews
a Set appointments for personal interviews.
Elaboration visit-program by country
Based on the communications with the final list for personal interviews.
b Profound feedback and insight in the practical willingness to commercial or solidarity participation of potential actors
Realisation visits for personal interviews.
The intention would be that the sample of visits is as representative as possible for the countries, products and types of actors. Conduction of about 25 interviews would be the aim. They must be made by people with an excellent command of the local language and culture to ensure the quality of the interviews.
6) Processing and Analysis
a Systematization qualitative and quantitative data of the different phases of the study
To gather all the information systematically collected for analysis
The information obtained through various means is systematized: desk research, virtual survey, workshops and personal interviews.
b Analysis of the information recollected
Realisation of a virtual analysis-workshop for the obtained information and draw conclusions for report
Based on the systematization, a summary would be made on the main trends in feedback, both positive and negative.
7) Formulation of a Proposed Marketing Plan
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 26
# Objective Action Specifications
a Draft proposal Marketing Plan for 5 years
Elaboration proposal for Marketing Plan for 5 years based on the findings of the analysis
1 Commercial strategy
2 Communications Strategy
3 Support Framework Strategy
4 Funding Strategy
5 Plan of Action Year 1
b Feedback on the Draft Proposal of Marketing Plan
Realisation of presentation of draft proposal
c End version of Marketing Plan
Processing received feedback
8) Presentation End-results
To
Presentation of data analysis and Marketing Plan Final
Realisation of physical and virtual event to publicize the results of the study
The presentation will be public, with the presence of representatives of small farmers, commercial, social and political actors, in the BTC offices (rue Haute 147 in 1000 Brussels, Belgium).
5.7 Time Framework
The study and consequential marketing plan should be fully delivered and approved
before 31 December 2017.
5.8 Deliverables
Reporting
The service provider submits first a draft report by e-mail to BTC. 15 calendar days after
receipt of the draft report, BTC will be sending its comments, if any, to the service
provider. The service provider sends the final report 7 days after receipt of BTC’s
comments. Used pictures should be free of rights.
The service provider will submit:
1) a final report, including the full report of the research and the marketing plan. This can
be either in Word or PowerPoint (or any other more appropriate format if approved by
BTC). It should be in English and consists of:
Introduction
Description of the used methodology, including used sample sizes
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 27
Full presentation of the results
Concluding remarks
Literature list / list of sources
Any annexes that the service provider considers necessary
2) a meaningful Executive Summary including objectives, followed methodology and main
conclusions (max. 8 to 10 Word pages, or max. 20 PowerPoint slides). The Executive
Summary will be provided in English and translated by the service provider in French and
Spanish.
3) a separate one-page infographic highlighting in a visual way the main take-aways of
the study in English. See some examples for inspiration on style and format:
www.isealalliance.org/sites/default/files/ISEAL_Business_%20Survey.pdf
http://towardsmaturity.org/elements/uploads/2015-16_IBR_Infographic_-_web.jpg
(copy the link in your internet browser if clicking on these links doesn’t work)
These files will be published on the website of the Trade for Development Centre
(www.befair.be)
The service provider will also submit a database containing all analyzed data - ideally
compiled into an excel spreadsheet (which will not be published).
Presentation
The service provider will present publically the results, with the presence of
representatives of small farmers, commercial, social and political actors, in the BTC
offices (rue Haute 147 in 1000 Brussels) in Belgium.
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 28
6 Forms
Compilation of the tender
The tender of the tenderer will consist of the following sections:
6.1 The identification form;
6.2 The integrity statement;
6.3 List of similar services (technical capacity);
6.4 CV of the responsible/project leader for implementing the market study
(technical capacity);
6.5 CV(s) of the field researcher(s) (technical capacity);
6.6 The tender form - price (award criterion);
6.7 The detailed methodology (award criterion);
6.8 The detailed calendar (award criterion);
6.9 List of subcontractors (if applicable).
The tenderer is strongly advised to use the tender forms in annex. In this respect, the
tenderer's attention is drawn to Article 80 of the Royal Decree of 15 July 2011, which
stipulates: "When the contract documents include a form for drawing up the tender and
for filling out the summary bill of quantities or the inventory, the tenderer shall use it"
When not using this form, he is fully responsible for the perfect concordance between the
documents he has used and the form".
The tender and all accompanying documents have to be signed (original hand-written
signature) by the tenderer or his/her representative. The same applies to any alteration,
deletion or note made to this document. The representative must clearly state that he/she
is authorised to commit the tenderer.
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 29
6.1 Identification of the tenderer
Name and first name of the tenderer or name of the company and legal form
Nationality of the tenderer and of staff (if different)
Domicile / Registered office
Telephone number and fax number
National Social Security Office registration number or equivalent
Enterprise number
Represented by the undersigned (*)
(Name, first name and function)
Contact person (telephone number, fax number, possibly e-mail address)
If different: Project manager (telephone number, fax number, e-mail address)
Account number for payments
Financial institution
Under the name of
(*) The tenderer shall include in his tender proof that the party/ies signing the tender
is/are mandated to do so. The following are considered proof of evidence: an official document (statutes, declaration before a notary, etc.) certifying that the person signing is accredited to do so in the name of and for the account of the entity/joint enterprise/consortium.
Signature(s): (original hand-written)
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 30
6.2 Integrity statement for the tenderers
Concerns the tenderer:
Domicile / Registered office:
Reference n° of the public contract:
To the attention of the Belgian Technical Cooperation,
Hereby, I / we, acting as legal representative(s) of above-mentioned tenderer, declare the
following:
Neither members of administration or staff members, or any person or legal
person the tenderer has concluded an agreement with in view of performing the
contract, may obtain or accept from a third party, for themselves of for any other
person or legal person, an advantage appreciable in cash (for instance, gifts,
bonuses or any other kind of benefits), directly or indirectly related to the activities
of the person concerned for the account of Belgian Technical Cooperation.
The board members, staff members or their partners have no financial or other
interests in the firms, organisations, etc. that have a direct or indirect link with
Belgian Technical Cooperation (which could, for instance, bring about a conflict of
interests).
I have / we have read and understood the articles about deontology and anti-
corruption included in the Specifications and I / we declare going along
completely and respecting these articles.
I / we are also aware of the fact that the personnel of Belgian Technical Cooperation are
tied to the provisions of an ethical code, which states that: “In order to ensure the
impartiality of personnel, they are not allowed to solicit, demand or receive gifts, bonuses
or any other kind of benefits for themselves or third parties, whether in exercising their
function or not, when said gifts, bonuses or benefits are linked to that exercising. Note,
that what matters most here is not so much the enrichment resulting from accepting gifts,
bonuses or benefits of all kinds, rather than the loss of impartiality, which is required from
the staff member when exercising his/her function. Privately, staff members do not accept
any financial or other bonus, gift or benefit for services rendered”.
If above-mentioned contract is awarded to the tenderer, I/we declare, moreover, agreeing
with the following provisions:
In order to avoid any impression of risk of partiality or connivance in the follow-up
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 31
and control of the performance of the contract, it is strictly forbidden to the
contractor of the contract (i.e. members of administration and workers) to offer,
directly or indirectly, gifts, meals or any other material or immaterial advantage, of
whatever value, to the employees of Belgian Technical Cooperation who are
concerned, directly or indirectly, by the follow-up and/or control of the
performance of the contract, regardless of their hierarchical position.
Any (public procurement) contract will be terminated, once it appears that
contract awarding or contract performance would have involved the obtaining or
the offering of the above-mentioned advantages appreciable in cash.
Any failure to conform with one or more of the deontological clauses may lead to
the exclusion of the contractor from this public contract and from other public
contracts for Belgian Technical Cooperation.
The contractor of the public contract commits to supply, upon the demand of the
contracting authority, any supporting documents related to the performance
conditions of the contract. The contracting authority will be allowed to proceed to
any control, on paperwork or on site, which it considers necessary to collect
evidence to support the presumption of unusual commercial expenditure.
Finally, the tenderer takes cognisance of the fact that Belgian Technical Cooperation
reserves the right to lodge a complaint with the competent legal instances for all facts
going against this statement and that all administrative and other costs resulting are
borne by the tenderer.
Original hand-written signature (preceded by the handwritten note "read and approved”
by:
including the name and function)
……………………………..
Place, date
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 32
6.3 List of similar services
at least 3, performed during the last three years
Name of client and location (country)
Public or
private client?
Name of study/research and description
(a few lines or keywords explaining briefly the content of each study)
Country/ies covered by the
study
Status
(completed / in execution)
Amount
(specify currency)
Date
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 33
6.4 CV of the responsible/project leader for implementing the market study
The tenderer has to include in his tender:
- The CV of the responsible/project leader (the person - only one - that will
lead/coordinate the project) that will implement the market study showing that the
responsible has experience in leading similar studies (at least two) as the one concerned
by this contract.
Free format
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 34
6.5 CV(s) of the field researcher(s)
The tenderer has to include in his tender:
- The CV(s) of the field researcher(s) (if different than the responsible) showing that
the field researcher(s) has/have experience in participating in similar studies (at least two)
as the one concerned by this contract and showing his/her fluency in the languages of the
concerned EU-countries as well as his/her level of local market knowledge.
Free format
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 35
6.6 Tender form - price
By submitting this tender, the tenderer commits to performing this public contract in
conformity with the provisions of the Tender Specifications Bxl 1676 and explicitly
declares accepting all conditions listed in the Tender Specifications and renounces any
derogatory provisions such as his own conditions.
He commits to executing this public contract for the following price, in EUR and exclusive
of VAT (written in figures and in letters):
Global price in euros (excluding VAT):
................................................................................................................ (in figures)
………………………………………………………………………………… (in letters)
VAT percentage: ………………………%
Certified true and sincere,
Done in ………………………, on …………………….
………………………………………………
Handwritten original signature and name of the representative of the tenderer
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 36
6.7 Detailed methodology
The tenderer is encouraged to amend or recommend alternatives to the suggested
methodology (see Part 5 “Terms of Reference”) and is requested to provide a detailed
methodology that explicitly describes and quantifies how the service provider will
carry-out the research, which specific external or internal information sources will be
used, which survey techniques and interview tools that will be used, how many site visits
will be planned and where, how many interviews will be conducted and with whom, roles
and responsibilities of the research team members, etc.
Free format
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 37
6.8 Detailed calendar
The detailed calendar to be filled out below must be annexed to the methodology
proposed by the tenderer.
T0 = First day of the execution of the contract. The detailed calendar uses calendar days.
Detailed tasks (see methodology) Locations Duration
(days) Start
(days) End
(days)
1 T0 T0 +
2 T0 + T0 +
3 T0 + T0 +
4 T0 + T0 +
5 T0 + T0 +
6 T0 + T0 +
7 T0 + T0 +
8 T0 + T0 +
9 T0 + T0 +
10 T0 + T0 +
11 T0 + T0 +
12 T0 + T0 +
13 T0 + T0 +
14 T0 + T0 +
15 T0 + T0 +
16 T0 + T0 +
17 T0 + T0 +
18 T0 + T0 +
19 T0 + T0 +
... T0 + T0 +
Total duration from kick-off to final delivery: .... calendar days
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 38
6.9 Subcontractors (if applicable)
Name and legal form Address / head office Object of the subcontract
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 39
6.10 Annex: Access rights
Access rights – Art. 61 et seq. of the Royal Decree of 15.07.2011 In accordance with Article 20 of the Law of 15 June 2006 any tenderer is excluded from accessing the contract, regardless of the stage of the procedure, if he has been found guilty by a judgement which has the force of res judicata of which the contracting authority has knowledge, for: 1° Participation in a criminal organisation as defined in Article 324bis of the Criminal Code 2° Corruption, as defined by Article 246 of the Criminal Code 3° Fraud within the meaning of Article 1 of the Convention on the protection of the European Communities’ financial interests, approved by the Law of 17 February 2002 4° Money laundering as defined by Article 3 of the Law of 11 January 1993 on the prevention of the use of the financial system for the purposes of money laundering and of terrorist financing In view of the application of this paragraph, the contracting authority has the right to ask the tenderer to provide the necessary information or documents. When the contracting authority has doubts about the personal situation of these candidates or tenderers, it can contact the competent Belgian or foreign authorities to obtain the information it considers necessary information in this respect. In accordance with Article 20 of the Law, a candidate or tenderer can be excluded from accessing the contract, regardless of the stage of the procedure: 1° If he is bankrupt or put into liquidation, has ceased activities, is involved in composition with creditors, or is in any analogous situation arising from a similar procedure provided for in other national regulations; 2° If he has filed for bankruptcy, if he is in winding-up procedure or composition with creditors, or if he is in any similar procedure provided for in other national regulations; 3° If he has been found guilty by a judgement which has the force of res judicata of a crime that blemishes his professional integrity; 4° If he has committed a serious mistake in his professional duties; 5° If he has failed to meet his obligations in terms of paying social security contributions, in accordance with the provisions of Article 62; 6° If he has not paid up his taxes in accordance with Belgian legislation or the legislation of the country where he has his registered office, in accordance with the provisions of Article 63; 7° If he has been found guilty of misrepresentation in supplying the information required under this chapter or if he has not provided that information.
Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 40
§ 1. The Belgian tenderer employing staff subject to the law of 27 June 1969 modifying the statutory order of 28 December 1944 on social security for employees must be in order with National Social Security Office obligations. § 2. The foreign tenderer must, at the latest the day before the final date for receipt of tenders: 1° Be in order with the obligations with regards to social security contributions according to legal provisions of the country where he is established; 2° Be in order with the provisions of §1, if he employs staff subject to the law of 27 June 1969 modifying the statutory order of 28 December 1944 on social security for employees. § 3. At any stage of the procedure, the contracting authority may investigate, by whatever means it chooses, the situation with regards to the payment of social security contributions of any tenderer. For the foreign tenderer, certification from the competent authority stating that he is in order with obligations with regards to the payments of social security contributions that apply by law in the country of establishment. The tenderer will be excluded from taking part in the contract, if he has been found guilty by a judgement which has the force of res judicata of a crime that blemishes his professional integrity. The tenderer may not have committed a serious mistake in his professional duties, duly established in a way which the contracting authority can justify. Moreover, by signing the tender, the tenderer undertakes to respect the standards defined in the basic conventions of the International Labour Organisation (ILO) and in particular: 1° Prohibition of forced labour (Conventions n° 29 on forced labour, 1930, and n° 105 on the abolition of forced labour, 1957) 2° Right to Union freedom (Convention n° 87 on union freedom and the protection of union rights, 1948) 3° Right to Organise and to Bargain Collectively (Convention n° 98 on the Right to Organise and to Bargain Collectively, 1949) 4° Prohibition of Discrimination in Respect of Employment and Remuneration (Conventions n° 100 on Equal Remuneration, 1951 and n° 111 concerning Discrimination in Respect of Employment and Occupation, 1958) 5° Minimum Age for Admission to Employment (Conventions n° 138 on Minimum Age for Admission to Employment, 1973 and n° 182 on the Prohibition of the Worst Forms of Child Labour, 1999). Non-compliance with the above-mentioned conventions shall be considered a serious mistake in professional duties within the meaning of Article 61, §2, 4° of the Royal Decree of 15 July 2006. The preceding provisions apply without prejudice to other provisions listed in Article 61 of the above-mentioned Royal Decree. The tenderer must be in order with his obligation pertaining to the payment of his taxes in
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accordance with Belgian legislation or the legislation of the country where he has his registered office, in accordance with the provisions of Article 63 of the Royal Decree of 15 July 2011. The tenderer shall be excluded from taking part in the contract if he has been found guilty of misrepresentation in supplying the information required under this chapter or if he has not provided that information.
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