eursc.eu · web view2021. 4. 30. · open call for tenders no bsgee-2021-007. financial audits...

SpecificationTender n° BSGEE-2021-007-Audit

Annex 1. Checklist – Documentation to be provided

Schola Europaea

Office of the Secretary General of the European Schools

OPEN CALL FOR TENDERS No BSGEE-2021-007

FINANCIAL AUDITS SERVICES

ANNEX 1 : CHECKLIST – DOCUMENTATION TO BE PROVIDED

The documents and information listed in the tables below MUST be submitted.

In each checklist, every box in the column entitled ‘Reference to the documents attached’ must be completed using the number of the relevant document and of the page of the tender on which the required document is to be found, unless otherwise specified.

Contact of the tenderer:

[Company name]

[Name of the Authorized representative]

[Country of registration]

[Official address]

1


I. IDENTIFICATION OF THE TENDERER, JOINT TENDERS AND SUBCONTRACTING

Reference to the documents attached

1.

‘Legal identity’ identification form (where applicable, for all the members of the grouping)

(see Annex 1.1 to this document)

See document No ...

on page...

of the tender submitted

2. ‘Bank account’ identification form (where applicable, for all the members of the grouping)

To be sent on request

3. Where applicable: Questionnaire concerning joint tenders (accompanied by Agreement/Power of Attorney) (see Annex 1.2 to this document)

See document No ...

on page...


4. Where applicable: Questionnaire concerning subcontracting (where applicable, for each of the subcontractors, accompanied by declaration of intent or an existing agreement)(see Annex 1.3 to this document)In the case of subcontracting, the tenderer must indicate the name, the contact details, the legal form and the legal status of the subcontracting company/companies. Those parts of the contract that are subcontracted will remain under the contractor’s responsibility.

See document No ...

on page...


5. Where applicable: Questionnaire for tenderer intending to rely on another entity to meet the minimum levels of economic and financial capacity(see Annex 1.4 to this document)

See document No ...

on page...


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II. EXCLUSION CRITERIA


6. Declaration on honour on exclusion criteria and on selection criteria, duly completed and signed (where applicable, for all the members of the grouping)(see Annex 2 to the specifications)

See document No ...

on page...


7. A recent extract from the judicial record is required or, failing that, an equivalent document recently issued by a judicial or administrative authority in the country of establishment of the person showing that those requirements are satisfied.

Upon request from the contracting

authority

In case of award, to be supplied only by

the successful tenderer

8. Recent certificates issued by the competent authorities of the State concerned are required.Failing that: Documents providing evidence of the payment of all taxes, charges and social security contributions for which the person is liable, including VAT, income tax (natural persons only), company tax (legal persons only) and social security contributions.


authority

In case of award, to be supplied only by

the successful tenderer

III. SELECTION CRITERIA


9. Declaration on honour on exclusion criteria and on selection criteria, duly completed and signed (where applicable, for all the members of the grouping)

(see Annex 2 to the specifications)

See document No ...

on page...


a) Legal and regulatory capacity

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10. Copy of registration in a relevant national trade register or database for economic operators

See document No ...

on page...


11. Copy of social security and VAT registration; authorisation of establishment (if necessary), etc. in accordance with the legislation of the State in which he is established

See document No ...

on page...


12. Copy of subscription in a national public registry/institution for auditors, giving the right to use the title of auditor

See document No ...

on page...


13. For legal persons, a legible copy of the instrument of appointment of the persons authorised to represent the candidate in relations with third parties and in legal action, or a copy of the publication of that instrument of appointment if the legislation applicable to the legal entity concerned requires such a publication; any delegation of this authorisation to another representative not mentioned in the official instrument of appointment must be certified.

See document No ...

on page...


b) Economic and financial capacity


14. Evidence requested for criterion F 1

Declaration by the tenderer on total turnover and the turnover corresponding to the services to which the contract refers – financial audits, encompassing the last 3 financial years.

The most recent financial year must have been closed within the last 18 months.

See document No ...

on page...


4




Copy of balance sheets, profit and loss accounts, other accounting documents for each of the last three financial years (individual documents for each member of the grouping if it is the case) showing the turnover required according to this Criterion.


authority


Insurance policy or certificate valid for at least one year after the date of submission of the tender

See document No ...

on page...


c) Technical and professional capacity


17. Evidence requested for criterion T 1

A signed declaration by the CEO, or by the head of HR of the tenderer about its total annual manpower relevant to the required services of Financial Audits – see section 9.2.3.1.1 of the Tender Specifications

See document No ...

on page...



A signed declaration by the CEO, or by the head of HR of the tenderer about the staff turnover. In case of an offer by a tendering group, the declaration shall be done at the level of each group member – see section 9.2.3.1.2 of the Tender Specifications

See document No ...

on page...


19. Evidence requested for criterion T 1 See document No ...

5


Completed Annex 2.1 “CVs Provided – Summary Table” – see section 9.2.3.1.3 of the Tender Specifications

on page...



The minimum number of CVs for each profile, using the template “Tender CV Form” as per Annex 2.2 – see section 9.2.3.1.3 of the Tender Specifications

See document No ...

on page...



Copy of the Letters of Intent signed by the freelancers whose CVs are included in the “CVs Provided – Summary Table”, as per Annex 2.3 – see section 9.2.3.1.3 of the Tender Specifications

See document No ...

on page...



Copy of the certificate ISO concerning the quality procedures and mechanisms of the tenderer (each tenderer in a group, if applicable) – see section 9.2.3.2 of the Tender Specifications

See document No ...

on page...



A list of references according to Annex 2.4 of the Tender specifications – see section 9.2.3.3 of the Tender Specifications

The OSGES reserves the right to contact previous clients in order to be able best to evaluate the tenderer’s capacity to provide services similar to the ones delivered for those clients.

See document No ...

on page...



Contract Reference Form (CRF) for each reference in p. 23 above, as per Annex 2.5 of the Tender specifications – see section 9.2.3.3 of the Tender Specifications

See document No ...

on page...



Declaration, valid contact or other material evidence for each client - see section 9.2.3.3 of the Tender Specifications


authority

IV. AWARD CRITERIA

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a) Quality of the tender


26.

Technical form :

Please fill in the Annex 3 - Quality of the offer

See document No ...

on page...


b) Price of the tender


27.

Financial form:

Please fill in the Annex 4 – Financial offer and the relevant excel table attached in Annex 4.1

See document No ...

on page...


SIGNATURE AND DATEI/We hereby certify that the information provided in the tender is accurate and complete on the date indicated below.

I/We understand that providing false information might lead to the tenderer’s exclusion.

I/We hereby undertake to inform the Contracting Authority without delay of any point that would change or complete any information contained in the tender submitted in response to this contract notice.

Signature: _____________________________________________Name: _____________________________________________Date: _____________________________________________

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TENDERER’S IDENTIFICATION FORM (Annex 1.1)

This duly completed form should be submitted by the tenderer and, where applicable, by all the members of a group of tenderers. In the case of grouping, information about the person authorised to sign the contract and the contact person need only be given for the group leader.

Identification of the tenderer, acting as:

Single tenderer Member of the group: please state whether agent (leader) or

principal:

Identity AnswerTenderer’s full official designation:

Official legal form:

Country of registration:

Address of tenderer’s registered office:

Legal registration number:VAT registration number: Person(s) authorised to sign the contract (surname, first name and function):

Please state whether this person or these persons are authorised to sign alone or together.Designated contact person(s) for this call for tenders (surname, first name and function, telephone number, fax number, address and email address).

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(In the case of grouping, to be given for the leader only).

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QUESTIONNAIRE CONCERNING JOINT TENDERS (Annex 1.2)

To be completed in the case of a joint tender submitted by a group of tenderers.

1. Please give the name of the lead company of the group of tenderers (leader):

2. Please give the names of the principals (the other companies) that are participating in the tender jointly and severally:

NB: These companies must provide the identification form (see above), the declaration on honour on the exclusion criteria and, where applicable, the documents required for evaluation of economic and financial capacity and/or technical capacity.

3. If a group or a similar entity has already been formed, please give its name and legal status and provide any other information and any other document that is relevant in this context:

4. Please provide an Agreement/Power of attorney, drawn up in accordance with the power of attorney template appearing below, signed by the legal representatives of all the partners in the tender submitted jointly and severally, which in particular:

· recognises the joint and several liability of all the partners in the joint tender for the performance of the contract;

· gives power of attorney to one of the partners in the joint tender (leader) to represent the other parties for the

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purposes of the signature and administration of the contract.

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Agreement/Power of Attorney - Template

(DESIGNATING ONE OF THE COMPANIES AS LEADER AND APPOINTING IT AGENT/AUTHORISED REPRESENTATIVE)

The undersigned,

– Signatory 1 (name, function, company, registered office, VAT number)

– Signatory 2 (name, function, company, registered office, VAT number)

– …..

– Signatory No (name, function, company, registered office, VAT number)

Each having the legal capacity required to act on behalf of his/her company,

HAVE AGREED AS FOLLOWS:

1) As co-signatories to the Contract, all the members of the group:

· will be jointly and severally liable to the European Schools and the OSGES for performance of the contract;

· will abide by the terms and conditions of the Contract and will ensure that the supplies and/or services are properly provided on their respective parts.

3) For this purpose, the member of the group hereby designates the company X as leader.[NB: The leader must be one of the members of the group).

4) The payments made by the European Schools and the OSGES for the services performed will be transferred into the leader’s bank account. [Please give the name and address of the bank, the account number, etc.]

5) The members of the group hereby grant to the leader all necessary powers to act on their behalf with regard to the services in question. This mandate includes in particular the following tasks:

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· The leader will sign all contractual documents – including the framework contract, the specific contracts and any amendments thereto – and will issue all invoices on behalf of the members of the group.

· The leader will be the single point of contact of the European Schools and of the OSGES with respect to the associated services to be delivered under the Contract. It will coordinate performance of the services provided by the members of the group for the European Schools and the OSGES and will ensure proper performance of the Contract.

Any amendment of this agreement/power of attorney will be subject to the express agreement of the European Schools and of the OSGES.

This agreement/power of attorney will expire when all the contractual obligations of the members of the group to the European Schools and the OSGES related to the services to be delivered under the Contract have ceased to exist. Its termination before that date will be possible only with the agreement of the European Schools and of the OSGES.

Signed at ………………………………, on ….. …………

Name NameFunction

Function

Company

Company

Name NameFunction

Function

Company

Company

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QUESTIONNAIRE CONCERNING SUBCONTRACTING (Annex 1.3)

1. Does your tender provide for the use of subcontractors? Yes No

If so, please complete the following points:

2. The share of the contract that you intend to subcontract /no more than 30 %/:

3. List of subcontractors:

4. Justification for subcontracting and role, activities and responsibilities of subcontractors:

Please complete the following form for each of the subcontractors, including with it a declaration of intent from the subcontractor or

an existing agreement (see Article 8.3.2 of the specifications)

Justification for subcontracting and role, activities and responsibilities of subcontractors

Subcontractor’s name:


Country of registration:

Legal registration number:

Full official address:

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Contact person:

Telephone number:

Justification for subcontracting:

Subcontractor’s role, activities and responsibilities:

Volume or proportion of subcontracting:

NB: The subcontracted part of the contract remains under the tenderer’s responsibility.

The European Schools and the OSGES reserve the right to check the legal situation, the economic and financial capacity and the technical capacity of any subcontractors, either before the contract is signed if the subcontractors are indicated in the tender, or following an application for permission to use the services of subcontractors during the contract period. In the event of failure to submit such documents, use of the services of subcontractors will not be permitted.

Date, stamp and signature of the tenderer:

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Commitment letter by an identified subcontractor (Annex 1.3)

[Letterhead, if any]

OSG of the European Schools

Call for tenders Ref. BSGEE-2021-007

Attn:

[Insert date]

Commitment letter by an identified subcontractorI, the undersigned,

Name:

Function:

Company:

Registered address:

VAT Number:

having the legal capacity required to act on behalf of the company [insert name of the entity] hereby confirm that our company authorises the [insert name of the tenderer] to rely on our capacities as a subcontractor with a share of [insert the percentage] % in the Call for Tenders BSGEE-2021-007 – Financial audits services.

In the event that the tender of the aforementioned tenderer is successful, [insert name of the entity] commits itself to make available the resources necessary for performance of the contract. It further declares that it is not subject to conflicting interests which may negatively affect the contract performance, and that it accepts the general conditions attached to the Tender Specifications for the above call for tender, in particular the contractual provisions related to checks and audits.

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Done at:Name: Position:Signature:

Commitment letter by an entity on whose capacities is being relied (Annex 1.4)

[Letterhead, if any]

OSG of the European Schools

Call for tenders Ref. BSGEE-2021-007

Attn:

[Insert date]

Commitment letter by an entity on whose capacity is being relied

I, the undersigned,

Name:

Function:

Company:

Registered address:

VAT Number:

having the legal capacity required to act on behalf of the company [insert name of the entity] hereby confirm that our company authorises the [insert name of the tenderer] to rely on its financial and economic capacity in order to meet the minimum levels required for the Call for Tenders BSGEE-2021-007 – Financial audits services.

In the event that the tender of the aforementioned tenderer is successful, [insert name of the entity] commits itself to make available the resources necessary for performance of the contract. It further declares that it is not subject to conflicting interests which may negatively affect the contract

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performance, and that it accepts the general conditions attached to the Tender Specifications for the above call for tender, in particular the contractual provisions related to checks and audits.

Done at:Name: Position:Signature:

Annex 2. Declaration on Honour on exclusion and selection criteria

Declaration on honour onexclusion criteria and selection criteria

The undersigned [insert name of the signatory of this form], representing:

(only for natural persons) himself or herself

(only for legal persons) the following legal person:

ID or passport number:

(‘the person’)

Full official name:


Statutory registration number:

Full official address:

VAT registration number:

(‘the person’)

The person is not required to submit the declaration on exclusion criteria if the same declaration has already been submitted for the purposes of another award procedure of the same contracting authority1, provided the situation has not changed, and that the time that has elapsed since the issuing date of the declaration does not exceed one year.

1 The same school.

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In this case, the signatory declares that the person has already provided the same declaration on exclusion criteria for a previous procedure and confirms that there has been no change in its situation:

Date of the declaration Full reference to previous procedure

I – Situation of exclusion concerning the person

(1) declares that the above-mentioned person is in one of the following situations:

YES

NO

(a) it is bankrupt, subject to insolvency or winding-up procedures, its assets are being administered by a liquidator or by a court, it is in an arrangement with creditors, its business activities are suspended or it is in any analogous situation arising from a similar procedure provided for under Union or national law;

(b) it has been established by a final judgement or a final administrative decision that the person is in breach of its obligations relating to the payment of taxes or social security contributions in accordance with the applicable law;

(c) it has been established by a final judgement or a final administrative decision that the person is guilty of grave professional misconduct by having violated applicable laws or regulations or ethical standards of the profession to which the person belongs, or by having engaged in any wrongful conduct which has an impact on its professional credibity where such conduct denotes wrongful intent or gross negligence, including, in particular, any of the following:

(i) fraudulently or negligently misrepresenting information required for the verification of the absence of grounds for exclusion or the fulfilment of eligibility or selection criteria or in the performance of a contract or an agreement;(ii) entering into agreement with other persons with the aim of distorting competition;(iii) violating intellectual property rights;(iv) attempting to influence the decision-making process of the contracting authority during the award procedure;(v) attempting to obtain confidential information that may confer upon it undue advantages in the award procedure;

(d) it has been established by a final judgement that the person is guilty of any of the following:

(i) fraud, within the meaning of Article 3 of Directive (EU) 2017/1371 and Article 1 of the Convention on the protection of the European Communities' financial interests, drawn up by the Council Act of 26 July 1995;

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(ii) corruption, as defined in Article 4(2) of Directive (EU) 2017/1371 or active corruption within the meaning of Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, drawn up by the Council Act of 26 May 1997, or conduct referred to in Article 2(1) of Council Framework Decision 2003/568/JHA, as well as corruption as defined in other applicable laws;(iii) conduct related to a criminal organisation, as referred to in Article 2 of Council Framework Decision 2008/841/JHA;(iv) money laundering or terrorist financing, within the meaning of Article 1(3), (4) and (5) of Directive (EU) 2015/849 of the European Parliament and of the Council;(v) terrorist offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA, respectively, or inciting, aiding, abetting or attempting to commit such offences, as referred to in Article 4 of that Decision;(vi) child labour or other offences concerning trafficking in human beings as referred to in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council;

(e) it has shown significant deficiencies in complying with the main obligations in the performance of a contract or an agreement financed by the Union’s budget, which has led to its early termination or to the application of liquidated damages or other contractual penalties, or which has been discovered following checks, audits or investigations by a contracting authority, the European Anti-Fraud Office (OLAF) or the Court of Auditors;

(f) it has been established by a final judgment or final administrative decision that the person has committed an irregularity within the meaning of Article 1(2) of Council Regulation (EC, Euratom) No 2988/95;

(g) it has been established by a final judgment or final administrative decision that the person has created an entity under a different jurisdiction with the intent to circumvent fiscal, social or any other legal obligations in the jurisdiction of its registered office, central administration or principal place of business.

(h) (only for legal persons) it has been established by a final judgment or final administrative decision that the person has been created with the intent provided for in point (g).

(i) for the situations referred to in points (c) to (h) above the person is subject to:

i. facts established in the context of audits or investigations carried out by the European Public Prosecutor's Office after its establishment, the Court of Auditors, the European Anti-Fraud Office (OLAF) or the internal auditor, or any other check, audit or control performed under the responsibility of an authorising officer of an EU institution, of a European office or of an EU

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agency or body;ii. non-final judgments or non-final administrative decisions which may

include disciplinary measures taken by the competent supervisory body responsible for the verification of the application of standards of professional ethics;

iii. facts referred to in decisions of entities or persons being entrusted with EU budget implementation tasks;

iv. information transmitted by Member States implementing Union funds;v. decisions of the Commission relating to the infringement of Union

competition law or of a national competent authority relating to the infringement of Union or national competition law; or

vi. decisions of exclusion by an authorising officer of an EU institution, of a European office or of an EU agency or body.

II – Situations of exclusion concerning natural or legal persons with power of representation, decision-making or control over the legal person and

beneficial owners

Not applicable to natural persons, Member States and local authorities

(2) declares that a natural or legal person who is a member of the administrative, management or supervisory body of the above-mentioned legal person, or who has powers of representation, decision or control with regard to the above-mentioned legal person (this covers e.g. company directors, members of management or supervisory bodies, and cases where one natural or legal person holds a majority of shares), or a beneficial owner of the person (as referred to in point 6 of article 3 of Directive (EU) No 2015/849) is in one of the following situations:

YES

NO N/A

Situation (c) above (grave professional misconduct)Situation (d) above (fraud, corruption or other criminal offence)Situation (e) above (significant deficiencies in performance of a contract )Situation (f) above (irregularity)Situation (g) above (creation of an entity with the intent to circumvent legal obligations)Situation (h) above (person created with the intent to circumvent legal obligations)Situation (i) above

III – Situations of exclusion concerning natural or legal persons assuming unlimited liability for the debts of the legal person

(3) declares that a natural or legal person that assumes unlimited liability YE NO N/A

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for the debts of the above-mentioned legal person is in one of the following situations:

S

Situation (a) above (bankruptcy)Situation (b) above (breach in payment of taxes or social security contributions)

IV – Grounds for rejection from this procedure

(4) declares that the above-mentioned person: YES NO

Was previously involved in the preparation of the procurement documents used in this award procedure, where this entailed a breach of the principle of equality of treatment including distortion of competition that cannot be remedied otherwise.

V – Remedial measures

If the person declares one of the situations of exclusion listed above, it must indicate measures it has taken to remedy the exclusion situation, thus demonstrating its reliability. This may include e.g. technical, organisational and personnel measures to prevent further occurrence, compensation of damage or payment of fines or of any taxes or social security contributions. The relevant documentary evidence which illustrates the remedial measures taken must be provided in annex to this declaration. This does not apply for situations referred in point (d) of this declaration.

VI – Evidence upon request

Upon request and within the time limit set by the contracting authority the person must provide information on natural or legal persons that are members of the administrative, management or supervisory body or that have powers of representation, decision or control, including legal and natural persons within the ownership and control structure and beneficial owners.

It must also provide the following evidence concerning the person itself and the natural or legal persons on whose capacity the person intends to rely, or a subcontractor and concerning the natural or legal persons which assume unlimited liability for the debts of the person:

For situations described in (a), (c), (d), (f), (g) and (h), production of a recent extract from the judicial record is required or, failing that, an equivalent document recently issued by a judicial or administrative authority in the country of establishment of the person showing that those requirements are satisfied.

For the situation described in point (b), production of recent certificates issued by the competent authorities of the State concerned are required. These documents must provide evidence covering all taxes and social security contributions for which the person is liable, including for example, VAT, income

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tax (natural persons only), company tax (legal persons only) and social security contributions. Where any document described above is not issued in the country concerned, it may be replaced by a sworn statement made before a judicial authority or notary or, failing that, a solemn statement made before an administrative authority or a qualified professional body in its country of establishment.

The person is not required to submit the evidence if it has already been submitted for another award procedure of the same contracting authority2. The documents must have been issued no more than one year before the date of their request by the contracting authority and must still be valid at that date.

The signatory declares that the person has already provided the documentary evidence for a previous procedure and confirms that there has been no change in its situation:

Document Full reference to previous procedureInsert as many lines as necessary.

VII – Selection criteria

(1) declares that the above-mentioned person complies with the selection criteria applicable to it individually as provided in the tender specifications:

YES NO N/A

(a) It has the legal and regulatory capacity to pursue the professional activity needed for performing the contract as required in section 9.2.1 of the tender specifications;

(b) It fulfills the applicable economic and financial criteria indicated in section 9.2.2 of the tender specifications;

(c) It fulfills the applicable technical and professional criteria indicated in section 9.2.3 of the tender specifications.

(2) if the above-mentioned person is the sole tenderer or the leader in case of joint tender, declares that:

YES NO N/A

(d) the tenderer, including all members of the group in case of joint tender and including subcontractors if applicable, complies with all the selection criteria for which a consolidated asseessment will be made as provided in the tender specifications.

VIII – Evidence for selection2 The same school.

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The signatory declares that the above-mentioned person is able to provide the necessary supporting documents listed in the relevant sections of the tender specifications and which are not available electronically upon request and without delay.

The person is not required to submit the evidence if it has already been submitted for another procurement procedure of the same contracting authority3. The documents must have been issued no more than one year before the date of their request by the contracting authority and must still be valid at that date.

The signatory declares that the person has already provided the documentary evidence for a previous procedure and confirms that there has been no change in its situation:

Document Full reference to previous procedureInsert as many lines as necessary.

The above-mentioned person must immediately inform the contracting authority of any changes in the situations as declared.

The above-mentioned person may be subject to rejection from this procedure and to administrative sanctions (exclusion or financial penalty) if any of the declarations or information provided as a condition for participating in this procedure prove to be false.

Full name Date Signature

3 The same school.

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Annex 3. Quality of the offer



ANNEX 3: QUALITY OF THE OFFER

Please fill in the table(s) below by indicating your proposal for each criterion directly in the document. If you want to annex additional documents or references, please indicate the references in the table and provide them with the offer. The quality of the offer is evaluated solely on the basis of the information provided.


[Company name]



[Official address]

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N°

Criteria Maximum

number of

points

1

Criterion 1 – METHODOLOGY – see section 10.1, point 1 of the Tender Specifications

………………………………………………………………………………. [Please provide the information related to that criterion. That criterion is evaluated solely on the basis of the information provided.]

35

2

Criterion 2 – QUALITY OF SERVICES – see section 10.1, point 2 of the Tender Specifications


35

3

Criterion 3 – Composition of audit teams and assurance of continuity of the services provided – see section 10.1, point 3 of the Tender Specifications


30

TOTAL of points 100

Date :

Name and signature of the duly authorized representative of the Company:

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Annex(es) :

• …

27


Annex 4. Financial offer



ANNEX 4: FINANCIAL OFFER

Please fill in, sign by a duly authorized representative of the tenderer and attach the excel sheets in Annex 4.1.


[Company name]



[Official address]

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