OR hand delivered (including courier services) directly to the Contracting Authority in return for a signed and dated receipt to the same address above.
Tenders submitted by any other means will not be considered. Tenders must be submitted using the double envelope system, i.e., in an outer parcel or envelope containing two separate, sealed envelopes, one bearing the words "Envelope A - Technical offer" and the other "Envelope B - Financial offer". All parts of the tender other than the financial offer must be submitted in Envelope A (i.e., including the Tender submission form, statements of exclusivity and availability of the key experts and declarations). DO NOT INCLUDE FINANCIAL INFORMATION IN THE TECHNICAL PROPOSAL.
Any infringement of these rules (eg, unsealed envelopes or references to price in the technical offer) is to be considered a breach of the rules, and will lead to rejection of the tender.
The outer envelope should carry the following information:
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the address for submission of tenders indicated above;
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the reference code of the tender procedure to which the tenderer is responding (ie, Tender for transnational project management services for Alpine region project “recharge.green - Reconciling Renewable Energy Production and Nature in the Alps” );
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the words "Not to be opened before the tender-opening session" and “Nicht vor Angebotsöffnungssitzung öffnen”;
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the name of the tenderer.
The pages of the Technical and Financial offers must be numbered.
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Alteration or withdrawal of tenders
Tenderers may alter or withdraw their tenders by written notification prior to the deadline for submission of tenders. No tender may be altered after this deadline.
Any such notification of alteration or withdrawal shall be prepared and submitted in accordance with Clause 8. The outer envelope (and the relevant inner envelope) must be marked 'Alteration' or 'Withdrawal' as appropriate.
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Costs for preparing tenders
No costs incurred by the tenderer in preparing and submitting the tender shall be reimbursable. All such costs shall be borne by the tenderer. In particular, if proposed experts were interviewed, all cost shall be borne by the tenderer.
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Ownership of tenders
The Contracting Authority retains ownership of all tenders received under this tendering procedure. Consequently, tenderers have no right to have their tenders returned to them.
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Evaluation of tenders
12.1 Evaluation of technical offers
The quality of each technical offer will be evaluated in accordance with the award criteria and the associated weighting as detailed in the evaluation grid in Part C of this tender dossier. No other award criteria will be used. The award criteria will be examined in accordance with the requirements as indicated in the Terms of Reference.
The evaluation of the technical offers will follow the procedures set out in Section 3.3.10 of the Practical Guide to contract procedures for EU external actions (available from the Internet at http://ec.europa.eu/europeaid/work/procedures/index_en.htm ).
For Selection and Award Criteria see REQUIREMENTS – PERSONNEL in the Terms of Reference.
12.1.1 Interviews
No interviews are foreseen.
12.2 Evaluation of financial offers
Upon completion of the technical evaluation, the envelopes containing the financial offers for tenders which were not eliminated during the technical evaluation will be opened (ie, those which have achieved an average score of 80 points or more). Tenders exceeding the maximum budget available for the contract will be eliminated.
The provision for incidental expenditure and the provision for expenditure verification stated in the Terms of reference and to be included in the budget breakdown will not be taken into account in the comparison of the financial offers.
Any arithmetical errors are corrected without penalty to the tenderer such that, where there is a discrepancy between a fee rate and the total amount derived from the multiplication of the fee rate by the corresponding number of working days, the fee rate as quoted shall prevail, unless in the opinion of the Evaluation Committee there is an obvious error in the fee rate, in which event the total amount as quoted shall prevail and the fee rate shall be corrected.
12.3 Choice of selected tenderer
The best value for money is established by weighing technical quality against price on an 80/20 basis.
12.4 Confidentiality
The entire evaluation procedure is confidential, subject to the Contracting Authority’s legislation on access to documents. The Evaluation Committee's decisions are collective and its deliberations are held in closed session. The members of the Evaluation Committee are bound to secrecy. The evaluation reports and written records, in particular, are for official use only and may be communicated neither to the tenderers nor to any party other than the Contracting Authority, the European Commission, the European Anti-Fraud Office and the European Court of Auditors.
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Ethics clauses / Corruptive practices
a) Any attempt by a tenderer to obtain confidential information, enter into unlawful agreements with competitors or influence the Evaluation Committee or the Contracting Authority during the process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of its tender and may result in administrative penalties.
b) The tenderer must not be affected by any conflict of interest and shall have no equivalent relation in that respect with other tenderers or parties involved in the project.
c) The European Commission reserves the right to suspend or cancel project financing if corrupt practices of any kind are discovered at any stage of the award process or during the execution of a contract and if the Contracting Authority fails to take all appropriate measures to remedy the situation. For the purposes of this provision, "corrupt practices" are 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 execution of a contract already concluded with the Contracting Authority.
d) Tenders will be rejected or contracts terminated if it emerges that the award or execution of a contract has given rise to unusual commercial expenses. Such unusual commercial expenses are commissions not mentioned in the main contract or not stemming from a properly concluded contract referring to the main contract, commissions not paid in return for any actual and legitimate service, commissions remitted to a tax haven, commissions paid to a payee who is not clearly identified or commissions paid to a company which has every appearance of being a front company.
Contractors found to have paid unusual commercial expenses on projects funded by the European Union are liable, depending on the seriousness of the facts observed, to have their contracts terminated or to be permanently excluded from receiving EU funds.
e) The Contracting Authority reserves the right to suspend or cancel the procedure, where the award procedure proves to have been subject to substantial errors, irregularities or fraud. Where such substantial errors, irregularities or fraud are discovered after the award of the Contract, the Contracting Authority may refrain from concluding the Contract.
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Signature of contract(s)
14.1 Notification of award
The successful tenderer will be informed in writing that its tender has been accepted.
The successful tenderer shall then confirm availability or unavailability of their key-experts within 5 days from the date of the notification of award.
In case of unavailability the tenderer will be allowed to propose replacement expert(s). The successful tenderer shall give due justification for the exchange of expert but the acceptance will not be limited to specific cases. Several replacement experts may be proposed but only one time-period of 15 days from the date of the notification of award will be offered.
The replacement expert's total score must be at least as high as the scores of the expert proposed in the tender. It must be emphasised that the minimum requirements for each evaluation criteria must be met by the replacement expert.
If replacement experts are not proposed within the 15 days delay or if the replacement experts are not sufficiently qualified, or that the proposal of the replacement expert amends the award conditions which took place, the Contracting Authority may decide to award the contract to the second best technically compliant tenderer (also giving them a chance to replace an expert should he/she not be available).
Should the Contracting Authority learn that a tenderer has confirmed the availability of a key expert and signed the contract although the tenderer has deliberately concealed the fact that the expert is unavailable from the date specified in the tender dossier for the start of the assignment, the Contracting Authority may decide to terminate the contract on the basis of article 36.3 (m) of the General Conditions.
It is reminded that the tenderer/contractor may also be subject to administrative and financial penalties foreseen in section 2.3.4 of the PRAG and furthermore it may lead .to a tenderer's /contractor's exclusion from other contracts funded by the European Union.
14.2 Signature of the contract(s)
Within 30 days of receipt of the contract already signed by the Contracting Authority, the selected tenderer shall sign and date the contract and return it to the Contracting Authority.
Failure of the selected tenderer to comply with this requirement may constitute grounds for the annulment of the decision to award the contract. In such a case, the Contracting Authority may award the tender to another tenderer or cancel the tender procedure.
The other tenderers will, at the same time as the notification of award is submitted, be informed that their tenders were not accepted, by means of a standard letter, which includes an indication of the relative weaknesses of their tender by way of a comparative table of the scores for the winning tender and the ones for the unsuccessful tender. The second best tenderer is informed of the notification of award to the successful tenderer with the reservation of the right to send a notification of award to the second best tenderer in case of inability to sign the contract with the first ranked tenderer. The validity of the offer of the second best tenderer will be kept.
The Contracting Authority will furthermore, at the same time, also inform the remaining unsuccessful tenderers and the consequence of these letters will be that the validity of their offers must not be retained.
The corresponding contract award notice will be published on the Web site https://webgate.ec.europa.eu/europeaid/online-services/index.cfm?do=publi.welcome.
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Cancellation of the tender procedure
In the event of cancellation of the tender procedure, tenderers will be notified of the cancellation by the Contracting Authority. If the tender procedure is cancelled before the outer envelope of any tender has been opened, the unopened and sealed envelopes will be returned to the tenderers.
Cancellation may occur where:
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the tender procedure has been unsuccessful, i.e, no qualitatively or financially worthwhile tender has been received or there is no valid response at all;
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the economic or technical data of the project have been fundamentally altered;
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exceptional circumstances or force majeure render normal performance of the contract impossible;
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all technically compliant tenders exceed the financial resources available;
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there have been irregularities in the procedure, in particular where these have prevented fair competition;
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the award is not in compliance with sound financial management, i.e. does not respect the principles of economy, efficiency and effectiveness (e.g. the price proposed by the tenderer to whom the contract is to be awarded is objectively disproportionate with regard to the price of the market).
In no event shall the Contracting Authority be liable for any damages whatsoever including, without limitation, damages for loss of profits, in any way connected with the cancellation of a tender procedure even if the Contracting Authority has been advised of the possibility of damages. The publication of a procurement notice does not commit the Contracting Authority to implement the programme or project announced.
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Appeals
Tenderers believing that they have been harmed by an error or irregularity during the award process may file a complaint. See further section 2.4.15 of the Practical Guide.
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Draft Contract Agreement and Special Conditions with annexes
SERVICE CONTRACT No
FOR
EUROPEAN UNION EXTERNAL ACTIONS
(financed by the ERDF – ALPINE SPACE PROGRAMME)
University of Veterinary Medicine, Vienna
Research Institute of Wildlife Ecology
Savoyenstr. 1
A-1160 Vienna
Austria
(“the Contracting Authority”),
of the one part,
and
1
2
3, (“the Consultant”)
of the other part,
have agreed as follows:
Special Conditions
Subject
The subject of this Contract is transnational project management services for Alpine region project “recharge.green - Reconciling Renewable Energy Production and Nature in the Alps” done at the Consultant´s home base and as needed in various countries of the Alpine region (Austria, France, Germany, Italy, Liechstenstein, Slovenia, Switzerland) where partner institutions are based, with identification number Ref. 22-4-3-AT/Project no. FA28012100 (“the services”).
Structure of the contract
The Consultant will carry out the services on the terms and conditions set out in this contract, which comprises, in order of precedence, these special conditions ("Special Conditions") and the following annexes:
Annex I: General Conditions for service contracts financed by the European Union
Annex II: Terms of reference
Annex III: Organisation and methodology [including any clarifications from the tenderer provided during tender evaluation]
Annex IV: Key experts
Annex V: Budget breakdown
Annex VI: Forms and other relevant documents
Annex VII: Report of factual findings and terms of reference for an expenditure verification
In case of any contradiction between the above documents, their provisions shall be applied according to the above order of precedence.
Contract value
This contract, established in euro, is a fee-based contract. Based on the maximum fees, incidental expenditure and expenditure verification provision defined in Annex V, the maximum contract value is EUR .
Commencement date
The date for commencing implementation shall be in October 2012 and shall be determined by an administrative order issued by the Project Manager.
Period of implementation
The period of implementation of the tasks identified in Annexes II & III is 32 months from the Commencement date.
Reporting
The Consultant shall submit progress reports as specified in the Terms of reference.
Payments and bank account
7.1 Payments will be made in EUR in accordance with Article 29 of the General Conditions into the bank account notified by the Consultant to the Contracting Authority in accordance with Articles 7.8 and 20.7 of the General Conditions.
7.2 The payments will be made according to the following schedule, subject to the provisions of Articles 26 to 33 of the General Conditions:
Month
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1
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Pre-financing payment4
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x %5
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[6-monthly]
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If applicable: [Interim payments]
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[]
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Forecast balance
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<60 if interim payments are not made, otherwise 10>% of the maximum contract value
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Total
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The actual amounts payable after the pre-financing payment will vary. They must be based on the consultant’s invoice accompanied by an interim progress report and an expenditure verification report subject to approval of those reports in accordance with Article 27 in the General Conditions.
The interim invoices must be paid such that the sum of the payments does not exceed 90% of the maximum contract value stated in Article 3 of the Special Conditions. The payment of the balance of the final value of the contract, subject to the maximum contract value stated in Article 3, is made after deduction of the amounts already paid, within 45 days of the Contracting Authority receiving an invoice accompanied by the final progress report and a final expenditure verification report, and the incidental expenditure and provision for expenditure verification actually incurred during the period, subject to approval of those reports.
7.3. Payment and interest on late payment
By derogation from Article 29.3 of the General Conditions, once the deadline referred to above has expired, the Consultant shall upon demand, submitted within two months of receiving late payment., be entitled to late-payment interest in accordance with article 29.3.]
Contact addresses
Any written communication relating to this Contract between the Contracting Authority and the Consultant must state the Contract title and identification number, and must be sent by post, fax, e-mail or by hand to the addresses identified in accordance with Articles 5.3 and 7.8 of the General Conditions.
Law and language of the contract
9.1 The law of Austria shall govern all matters not covered by the contract.]
9.2 The language of the contract and of all written communications between the Consultant and the Contracting Authority and/or the Project Manager shall be English.
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Subcontracting
Subcontracting is not allowed.
Dispute settlement
11.1 Any disputes arising out of or relating to this contract which cannot be settled otherwise shall be referred to the exclusive jurisdiction of Austria applying the national legislation of the Contracting Authority.
Other specific conditions applying to the contract
By derogation from article 28 and 29 the verification will be made by the Contracting Authority and all references to an expenditure verification report will not be applicable.
The consultant must take the necessary measures to ensure the visibility of the EU financing or
co-financing. Such measures must be in accordance with the applicable rules on the visibility of external action laid down and published by the Commission. These rules are set out in the Communication and Visibility Manual for External Actions available from the EuropeAid website at http://ec.europa.eu/europeaid/work/visibility/index_en.htm
Done in English in three originals: one original being for the Contracting Authority, one original being for the European Commission, and one original being for the Consultant.
For the Consultant
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For the Contracting Authority
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Name:
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Name:
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Title:
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Title:
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Signature:
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Signature:
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Date:
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Date:
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ANNEX I - General Conditions for service contracts financed by the European Union
(attached as PDF file)
ANNEX II: TERMS OF REFERENCE
1. BACKGROUND INFORMATION
Beneficiary countries
Austria, France, Germany, Italy, Liechtenstein, Slovenia, Switzerland
Contracting Authority
University of Veterinary Medicine, Vienna (Research Institute of Wildlife Ecology)
Relevant country background
The Consultant may obtain any relevant background on country characteristics relevant to the operation through its own networks and research. Familiarity with the region is a pre-condition for successful tendering.
Current state of affairs in the relevant sector
The growing demand for renewable energy (RE) will increase the pressure on the Alpine environment. It will strongly impact land use patterns, ecological connectivity and biodiversity. Both the demand for renewable energy and the need for the conservation of biodiversity, soil, and connectivity transcend national borders. A transnational dialogue to address multiple environmental objectives, interdependences and trade-offs between various ecosystem services, and conflicting priorities, is urgently needed. The project will valorise Alpine biodiversity, land use patterns and related ecosystem services, and model the carrying capacity of the Alpine ecosystems with respect to all aspects of RE production and consumption.
Related programmes and other donor activities:
The project follows on from the ECONNECT project, which dealt with ecological connectivity in the Alps (see http://www.econnectproject.eu/cms/). Project partners have participated in other relevant EU projects, including:
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FIWI: ECONNECT, 2008-2001, LP - CIPRA: Adaptalp, 2007-2011, PP - UIBK: TUSEC-IP, 2003-2006, PP
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SFS: KnowForAlp, 2004-2007; PP, MANFRED, 2009-2012, PP - UL: ECALP, 2003-2005, PP
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TNP: ALPENCOM, 2005-2008, PP - IM: Alp-Water-Scarce; 2008-2011, LP; ClimAlpTour, 2008-2011, PP; C3-Alps, 2012-2014, PP - regio-v: NENA, 2006 – 2008; ENERBUILD, 2009 – 2012, LP; COMUNIS, 2009 – 2012, PP
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PNAM: ECONNECT, 2008-2011, PP
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AIS: ECALP, 2003-2005; TUSEC-IP, 2003-2006; Urban SMS, 2008-2012, PP
recharge.green will strongly build on results and experiences achieved by previous and ongoing Alpine Space projects, in particular by ECONNECT, SHARE, Alps-Water Scarce, DIAMONT, TUSEC-IP, CLISP, Alpine Windharvest, and
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ETC Central Europe: 4BIOMASS, Urban-SMS, TransEcoNet, and
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from regional ERDF funds: Renefor, Biomass Futures, Alcotra PIT
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UIBK: TUSEC-IP - Implementation in Planning Procedures
The partnership of recharge.green involves several Lead & key partners of these projects. recharge.green will also co-operate with existing or future relevant projects, such as:
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C3Alps (PP EAA, IM): exchange on capacity building and capitalization of results from previous projects and climate change
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ALPSTAR (PP EURAC, CIPRA): exchange on options for climate protection and climate neutrality in the Alps as well as on implementation and governance models in pilot areas; invitation to the project to exchange information on the methodology to evaluate strategies on climate neutrality (in recharge.green a similar methodology as for the Strategic Environmental Assessment will be applied).
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ETC South-East Europe: BioRegio, DanubeParks - exchange on biodiversity topics, involvement of stakeholders and RE development in the neighbouring co-operation space (link also by potential impact of RE expansion on migration corridors from Carpathians to the Alps)
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WiREAlps, Uni Salzburg: exchange on current settings and potential for wind energy in the Alps
The partnership of recharge.green has been in exchange with the project application WiREAlps on the potential of wind energy production in the Alps.
The project recharge.green will make use of another very interesting option to disseminate its results and to cross-fertilize activities by co-operating with the research center alpS (at University of Innsbruck): cooperation is possible with the most recent project ‘G08 EneRAlp’ (EnergieRaum Alpen) – which develops innovative technologies/strategies, ready for the market, for a sustainable adaptation to climate change. Other ongoing projects on land use, water and forest management can be addressed, too.
The concept of alpS involves both private companies and municipalities which will create considerable potential for synergies and concrete implementation.
recharge.green is in line with the goals of the European Strategy for Sustainable, Competitive and Secure Energy and the European Biodiversity Strategy.
2. OBJECTIVE, PURPOSE & EXPECTED RESULTS
Overall objective
The overall objective of the project of which this contract will be a part is as follows:
To develop tools and an integrated strategy for renewable energy production, sustainable land use systems as well as the conservation of biodiversity and soil across the Alpine region, so as to support the implementation of relevant EU Directives.
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