GENERAL INVITATION TO TENDER No 10015 - op.europa.eu€¦ · General Invitation to tender 10015 Table of contents 2 / 49 General Invitation to Tender No. 10015 Codification and conformity

1 / 49 General Invitation to Tender No. 10015 Codification and conformity assessment

GENERAL INVITATION TO TENDER No 10015

Codification and conformity assessment

SPECIFICATIONS

General Invitation to tender 10015 Table of contents


CONTENTS

CONTENTS......................................................................................................................................................2

1. PRELIMINARY INFORMATION CONCERNING THE INVITATION TO TENDER ................4 1.1. PRESENTATION OF THE PUBLICATIONS OFFICE AND OF THE LEGAL SERVICE ........................................4 1.2. NATURE OF THE CONTRACT..................................................................................................................4 1.3. SUBJECT AND ESTIMATED VALUE OF THE CONTRACT ...........................................................................4

1.3.1. Codification services 5 1.3.2. Conformity assessment services 5 1.3.3. General requirements 5 1.3.4. Value of the Contract 5

1.4. STARTING DATE OF THE CONTRACT AND DURATION OF THE CONTRACT...............................................5 1.5. PRICE ....................................................................................................................................................6 1.6. TERMS OF PAYMENT .............................................................................................................................6 1.7. GUARANTEES........................................................................................................................................6 1.8. PLACE OF PERFORMANCE ......................................................................................................................6 1.9. GENERAL TERMS AND CONDITIONS FOR THE SUBMISSION OF TENDERS .................................................6 1.10. PERIOD OF VALIDITY OF THE TENDER....................................................................................................7 1.11. VISIT TO THE PREMISES ........................................................................................................................7 1.12. DATE AND PLACE OF OPENING OF THE TENDERS....................................................................................7

2. THE TENDER AND THE EVALUATION ..........................................................................................8 2.1. ASSESSMENT AND AWARD OF CONTRACT .............................................................................................8 2.2. FORM AND CONTENT OF THE TENDER....................................................................................................8 2.3. STRUCTURE OF THE TENDER .................................................................................................................8 2.4. SECTION ONE: ADMINISTRATIVE INFORMATION...................................................................................9 2.5. SECTION TWO: EXCLUSION CRITERIA..................................................................................................10

2.5.1. Documents relating to the exclusion criteria 10 2.5.2. Grounds for exclusion 11 2.5.3. Administrative and financial penalties 11

2.6. SECTION THREE: SELECTION CRITERIA................................................................................................12 2.6.1. Financial and economic capacity of the tenderer 12

2.6.1.1. Documents to provide concerning the financial and economic capacity ................................. 12 2.6.1.2. Evaluation of the financial and economic capacity ...................................................................... 12

2.6.2. Technical and professional capacity of the tenderer 12 2.6.2.1. Documents to provide concerning the technical and professional capacity of the tenderer .. 12 2.6.2.2. Evaluation of the technical and professional capacity ................................................................ 13

2.7. SECTION FOUR: AWARD CRITERIA – TECHNICAL BID...........................................................................13 2.8. SECTION FIVE: FINANCIAL BID ............................................................................................................14 2.9. FINAL EVALUATION ............................................................................................................................15 2.10. INFORMATION FOR TENDERERS ...........................................................................................................15 2.11. AWARD OF THE CONTRACT.................................................................................................................15

3. JOINT BID AND SUBCONTRACTING.............................................................................................16 3.1. MAKING A BID IN COLLABORATION WITH OTHER COMPANIES...........................................................16 3.2. DOCUMENTS TO SUBMIT – JOINT BID...................................................................................................17 3.3. DOCUMENTS TO SUBMIT – SUBCONTRACTING.....................................................................................18 3.4. EVALUATION OF THE BIDS IN CASE OF JOINT BIDS OR SUBCONTRACTING ............................................19

4. TECHNICAL SPECIFICATIONS ......................................................................................................20 4.1. INTRODUCTION AND DEFINITIONS .......................................................................................................20 4.2. EUR-LEX..............................................................................................................................................20 4.3. DESCRIPTION OF WORK WITH REGARD TO CODIFICATION ....................................................................21

4.3.1. Preparation of the working dossier 21 4.3.2. Preparation for codification / recast 21 4.3.3. Codification / Recast 21 4.3.4. Second codification / recast (if necessary) 22 4.3.5. Transmission of the files 22 4.3.6. Approval of the work 22

4.4. DESCRIPTION OF WORK WITH REGARD TO CONFORMITY ASSESSMENT.................................................22

General Invitation to tender 10015 Table of contents


4.4.1. Sending out of the working dossier 22 4.4.2. Preparation of the conformity assessment 23 4.4.3. Conformity assessment 23 4.4.4. Approval of the work 23

4.5. WORKING METHOD..............................................................................................................................23 4.5.1. General 23 4.5.2. Working method - codification 23 4.5.3. Working method – conformity assessment 24

4.6. ANNUAL REPORT.................................................................................................................................24 4.7. RESOURCES .........................................................................................................................................24 4.8. LIQUIDATED DAMAGES .......................................................................................................................24 4.9. LEGISWRITE STYLE SHEETS (« PRACTICAL GUIDE FOR USING LW FOR CODIFICATION ») ......................24 4.10. WORKFLOW FOR CODIFICATION...........................................................................................................24

5. REPORTS AND DOCUMENTS ..........................................................................................................25

6. ANNEXES ..............................................................................................................................................26 ANNEX 6.1. PRICE SCHEDULE AND SPECIMEN QUOTATION .....................................................................27 ANNEX 6.2A FINANCIAL IDENTIFICATION FORM ..................................................................................32 ANNEX 6.2B LEGAL ENTITY FORM ......................................................................................................32 ANNEX 6.2C AGREEMENT / POWER OF ATTORNEY ...............................................................................33 ANNEX 6.2D BANK GUARANTEE...........................................................................................................35 ANNEX 6.3. FORM FOR IDENTIFICATION OF THE TENDERER .....................................................................36 ANNEX 6.4 QUESTIONNAIRE FOR JOINT BIDS AND SUBCONTRACTING....................................................38 ANNEX 6.5. LIST OF DOCUMENTS TO BE PROVIDED..................................................................................40 ANNEX 6.6. DECLARATION ON THE GROUNDS FOR EXCLUSION ...............................................................41 ANNEX 6.7. TECHNICAL COMPANY FORM ...............................................................................................43 ANNEX 6.8. CV........................................................................................................................................44 ANNEX 6.9. CV SUMMARY......................................................................................................................48 ANNEX 6.10. LEGISWRITE GUIDELINES ................................................................................................49 ANNEX 6.11. 1995L0012 ......................................................................................................................49 ANNEX 6.12. WORKFLOW.....................................................................................................................49

General Invitation to tender 10015 1. Preliminary information concerning the invitation to tender


1. PRELIMINARY INFORMATION CONCERNING THE INVITATION TO TENDER

Please see the invitation letter for information about the prior information notice and the contract notice published in the OJ S.

1.1. PRESENTATION OF THE PUBLICATIONS OFFICE AND OF THE LEGAL SERVICE

The Office for Official Publications of the European Communities, hereinafter referred to as “the Publications Office”, (2, rue Mercier, L-2985 Luxembourg) is the publishing house of the European institutions in the broadest sense, responsible for producing and distributing, on all media and by all means, all the publications of the European Union. The Publications Office, whose current organisation and operation are laid down by Decision 2000/459/EC, ECSC, Euratom (Official Journal of the European Communities, L 183, 22.7.2000, p. 12), is managed by a Management Committee in which each institution is represented by its Secretary-General. The Publications Office is administratively attached to the European Commission.

The Publications Office is launching this Invitation to Tender on behalf of the Commission, whose Legal Service has the responsibility of drawing up codified legislation and dealing with a range of legal issues. The Commission's Legal Service will therefore manage the contract and be responsible for all dealings with the successful contractor.

The mission of the Commission's Legal Service is to assist the Commission by ensuring that its decisions and actions comply with the provisions of the Treaties and the principles contained therein, and to defend the interests of the institution before Community, international and national courts. One aspect of this mission is its participation in the legislative process and its central role in the Better Regulation exercise. Consequently, the Legal Service is the lead service for any codification of Community law. A further aspect is the assistance given to other Commission Directorates-General in the identification and pursuit of infringements of Community law, and the defence of the Commission's interests before the Court of Justice.

1.2. NATURE OF THE CONTRACT

The Contract is a framework Contract with the title: AO 10015 "Codification and conformity assessment" As exact implementing conditions, quantities and/or delivery times cannot be indicated in advance, the Commission intends to conclude a Framework Contract, which shall establish the basic terms for a series of Order Forms ("Orders") to be concluded over its duration. Framework contracts do not give rise to any direct obligation for the Commission; only their implementation by means of Orders is binding on it.

The Framework Contract shall be concluded with one economical operator provided that there is an economic operator who satisfies the selection criteria and/or eligible tender satisfying the award criteria.

1.3. SUBJECT AND ESTIMATED VALUE OF THE CONTRACT

The purpose of the call for tender is the selection of one economic operator for, the provision of codification services and the provision of services in connexion with the assessment of the conformity of the laws of Member States with Community legislation.



1.3.1. Codification services

The subject of the Contract is the provision of services in the field of the verification and editing of legal texts and the provision of the services of experts matching the specific profile required in connexion with the codification of Community acts.

Codified acts are prepared on the basis of consolidated texts provided by the Publications Office in all official languages of the European Union, the number of which may vary during the course of the Contract. Currently they are Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish, Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovakian, Slovenian, Bulgarian, Romanian and, in certain circumstances, Irish. This number may be increased during the duration of the contract, in particular in case of the enlargement of the EU.

1.3.2. Conformity assessment services It is envisaged that, beginning as a test process in 2009 and expanding in subsequent years, the Contractor will, provide legal services in connection with the assessment of the conformity of the laws of Member States with Community law in selected legal fields.

It falls within the responsibility of the Commission to make sure that Community legislation is correctly implemented by the Member States and this includes the verification of the correct transposition of directives and their subsequent amendments. The incorrect or incomplete transposition of such acts will lead to action by them Commission under Article 226 of the EC Treaty requiring any infringement of the legislation to be remedied, to be followed where necessary by referral to the Court of Justice. The Legal Service represents the Commission in such proceedings.

For more details on the requested services and the tasks to be performed, refer to Chapter 4 (Technical Specifications).

1.3.3. General requirements For the work involved in verifying and editing legal texts the Contractor must have suitably qualified staff for each of the official languages and adequate supervisory staff in order for the work to be carried out to the highest professional standards and within the deadlines set. The Contractor will take all the measures necessary for maintaining the infrastructure and training staff and experts, and will ensure that a member of staff is always available on stand-by.

The rate and volume of work are neither foreseeable nor guaranteed. The work may be suspended at any time during the course of the Contract.

The cost of installing and managing infrastructure (offices, computer equipment, telecommunications, support personnel, training etc) shall be included in the rates quoted.

All work covered by these specifications must be regarded as services (developments, acceptance of additional work).

1.3.4. Value of the Contract The estimated, maximum, volume of the contract is 8 000 000 euro for a period of its maximum duration (4 years).

1.4. Starting date of the Contract and duration of the Contract

The Contract shall enter in the force on 1 January 2009 or on the date of signature if later.

The Contract is concluded for an initial period of one (1) year with effect from the date on which it enters into force. The Contract shall be renewed automatically up to three (3) times, each time for one (1) year,



under the same conditions, unless written notification to the contrary is sent by one of the contracting parties by registered mail and received by the other not later than three (3) months before its expiry.

1.5. Price

• prices must be expressed in euro. For tenderers in countries which are not part of the euro zone, the price quoted may not be revised in line with exchange rate movements;

• prices shall be fixed and not subject to revision. Prices can be revised only in accordance with Article I.3 of the Draft Contract. It should be noted that price revision is conditional on a request which must be made at the latest three months before the anniversary date of the entry into force of the Contract. In case of a justified and timely request, the revised prices shall enter into force on the anniversary date of the entry into force of the Contract. The price revisions will be calculated with the same number of decimals as the price accepted in the initial original price schedule and also the revised prices will have the same number of decimals (point 2.8.1).

1.6. Terms of payment

Payments shall be made in accordance with Article I.5 of the Draft Contract.

1.7. Guarantees

The contractor shall be required to provide a guarantee for performance of 200,000 euro in compliance with Article 1.5.4 of the Draft Contract. The guarantee, which must comply with the model set out in Annex 2D, must be provided before the Contract is signed by the Commission.

1.8. Place of performance

Where necessary, work on a time-rate basis may be carried out at the premises of the European Commission in Brussels.

1.9. General terms and conditions for the submission of tenders

Participation in the tendering procedure is open on equal terms to all natural and legal persons coming within the scope of the treaties and to all natural and legal persons in a third country which has a special agreement with the European Communities in the field of public procurement on the conditions laid down in that agreement.

Submission of a tender implies that the tenderer accepts all the terms and conditions set out in the invitation letter, in these specifications (including the annexes) and in the Draft Contract and waives all other terms of business. Submission of a tender binds the tenderer to whom the Contract is awarded during performance of the Contract.

Once the Publications Office has accepted the tender, it shall become the property of the Publications Office and the Publications Office shall treat it confidentially.

The Publications Office shall not reimburse any costs incurred in preparing and submitting tenders.

The Protocol on the Privileges and Immunities or, where appropriate, the Vienna Convention of 24 April 1963 on Consular Relations shall apply to this invitation to tender.



1.10. Period of validity of the tender

The offer must remain valid for a period of 6 months following the final date for submitting tenders (see: the invitation letter). During this period, the tenderers must maintain all the conditions of their bids.

1.11. Visit to the Premises

Not applicable.

1.12. Date and place of opening of the tenders

Tenders will be opened at 10h00 on 29/09/2008 at the following location: Address of the Publications Office:

Publications Office 2, rue Mercier

L-2985 Luxembourg

An authorised representative of each tenderer may attend the opening of the bids. Companies wishing to attend are requested to notify their intention by sending a fax or e-mail at least 48 hours in advance to the address above. This notification must be signed by an authorised officer of the tenderer and specify the name of the person who will attend the opening of the bids on the tenderer's behalf.

Fax: (352) 2929-42672

E-mail: [email protected]

General Invitation to Tender 10015 2. The Tender and the Evaluation


2. THE TENDER AND THE EVALUATION

2.1. ASSESSMENT AND AWARD OF CONTRACT

The assessment of tenderers and offers will take place in three main stages:

The aims of each of these stages are:

• to check, in the first stage (exclusion criteria), whether tenderers can take part in the tendering procedure and, where applicable, be awarded the Contract;

• to check, in the second stage (selection criteria), the economic and financial capacity and the technical and professional capacity of each tenderer who has passed the first stage;

• to assess, on the basis of the award criteria, each bid which has passed the first and second stages.

The assessment procedure may end with the award of the Contract.

The assessment will be based on the tenderer’s offer. The Publications Office reserves the right to request additional evidence in relation to the bid submitted for clarification or verification purposes within a time-limit stipulated in its request. All the information will be assessed against the criteria specified in this chapter.

Only the offers meeting the requirements of a stage will pass on to the next stage of the assessment.

2.2. FORM AND CONTENT OF THE TENDER Tenders must be clear and concise and assembled in a coherent fashion (e.g. bound or stapled, etc.). The tenderer is also asked to provide a complete list indicating where to find the required documents (see: Annex 6.5). If the tender is divided into different files, it is advised to make a table of contents in each file.

Since tenderers will be judged on the content of their written bids, these must make it clear that they are able to meet the requirements of the specifications.

Information on the general requirements and on how to submit the bid is provided in the invitation letter.

Please pay attention to the fact that the tender shall be signed by a person or persons who is/are entitled to represent the economic operator in accordance with its articles of association and/ or extract from the commercial register, or by a person(s) who received power of attorney to do so from somebody who is mentioned in those documents. The documents showing that the person is entitled to represent the economic operator must be submitted as explained in point 2.4.

The same rule is applicable to the person(s) designated to sign the Contract.

2.3. STRUCTURE OF THE TENDER

All tenders must be presented in the following five sections:

Section One: Administrative information

Section Two: Documents relating to the exclusion criteria

Section Three: Documents relating to the selection criteria

Section Four: Documents relating to the award criteria - technical bid

Section Five: Documents relating to the award criteria - financial bid



Sections one to four on the one hand and Section five on the other hand must be submitted in two separate sealed envelopes, which together are placed in double sealed envelopes as described in the invitation letter. Each envelope must clearly indicate its contents (“technical” and “financial”).

Please observe that all documentation has to be provided in triplicate (original and two copies) and that this also applies to any diskette, CD or similar medium that is part of the offer.

2.4. Section One: Administrative Information

In the first section, the tenderer must provide the following:

• a duly signed cover letter

• the completed form for identification of the tenderer, as provided in Annex 6.3, including the following information:

o the tenderer's name and/or business name;

o a clear description of the tenderer's legal form;

o the address of the tenderer's registered office;

o the tenderer's telephone and fax numbers, e-mail address and, where available, Internet address;

o the names of the legal representatives (directors, etc) of the tenderer, authorised to sign contracts with third parties;

o the name, address, telephone and fax numbers to a contact person in relation to the submission of the tender;

o the tenderer's VAT number and trade-register entry number;

o information concerning the bank account;

o contact persons; o a signed declaration confirming the validity of the tender.

• a Financial Identification Form filled in and signed by an authorised representative of the tenderer, stamped by the bank and signed by a bank representative. If you attach the copy of a recent bank statement, the stamp and signature of the bank's representative is not needed. A standard form is provided in Annex 2A and a specific form for each Member State is available at the following Internet address: http://europa.eu/comm/budget/execution/ftiers_en.htm

• the Legal Entity Form, to be signed by a representative of the tenderer authorised to sign contracts with third parties. There is one form for individuals, one for private entities and one for public entities. A model is provided in Annex 6.2B Specific forms in each Member state language are available at: http://ec.europa.eu/budget/execution/legal_entities_en.htm

The Legal Entity Form must be supported by the following documents in order to prove the administrative information of the tenderer:

For private entities: o a legible copy of the instrument of incorporation or constitution, and a copy of the statutes,

if they are contained in a separate instrument, or a copy of the notices of such constitution or incorporation published in the national or other official journal, if the legislation which applies to the tenderer requires such publication;



o a legible copy of the most recent amendment to the instruments mentioned in the previous indent, including that involving any transfer of the registered office of the legal entity, or a copy of the notice published in the relevant national or other official journal of such amendment, if the legislation which applies to the tenderer requires such publication.

o if the above documents do not show the registration number, a proof of registration, as prescribed in their country of establishment, on one of the professional or trade registers or any other official document showing the registration number;

If the most recent document submitted according to this or one of the two previous paragraphs is more then one year old at the time the offer is sent, a written confirmation, signed by a legal representative of the tenderer, that there has been no amendment or transfer of registered office since the most recent of these documents were issued must be added.

o if the above documents do not show the VAT number, a copy of the VAT registration document, where applicable;

o a legible copy of the notice of appointment of the persons authorised to represent the tenderer in dealings with third parties and in legal proceedings, if it is not included in the abovementioned documents, or a copy of the publication of such appointment if the legislation which applies to the legal entity concerned requires such publication. If the person(s) signing the tender or the person designated to sign the contract is/are entitled to represent the economic operator by a Power of Attorney from the abovementioned authorised persons, the Power of Attorney must also be submitted;

For public entities: o a copy of the resolution decree, law, decree or decision establishing the entity in question or

failing that, any other official document attesting to the establishment of the entity;

o the names and functions of the legal representatives (directors, etc) of the tenderer, authorised to sign contracts with third parties (a copy of the appointment of the persons authorised to represent the tenderer must be produced);

2.5. SECTION TWO: EXCLUSION CRITERIA

2.5.1. Documents relating to the exclusion criteria In Section Two, the tenderer(s) must provide the declaration on grounds for exclusion (Annex 6) and the following related certificates or documents:

o a recent extract from the ‘judicial record’ or equivalent as evidence that they are not in one of the situations listed in paragraph (a), (b) or (e) of point 2.5.2, or, failing this, of an equivalent recent document issued by a competent judicial or administrative authority in the country of origin or residence, showing that these requirements have been met.;

o a recent certificate by the competent authorities of the state concerned stating that the tenderer has fulfilled obligations relating to the payment of social security contributions or equivalent;

o a recent certificate by the competent authorities of the state concerned stating that the tenderer has fulfilled obligations relating to the payment of taxes or equivalent.

Where no such documents or certificates are issued in the country concerned, they may be replaced by a sworn or failing that a solemn statement made by the tenderer before a judicial or administrative authority, a notary or a qualified professional body in his country of origin or provenance.



2.5.2. Grounds for exclusion In accordance with Article 93 of the Financial Regulation No 1605/2002 (OJ L 248, page 1, of 16 September 2002), tenderers shall be excluded from the selection and award procedures if they:

a) are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; or

b) have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata; or

c) have been guilty of grave professional misconduct proven by any means which the contracting authorities can justify; or

d) have not fulfilled their obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established, or with those of the country of the contracting authority or those of the country where the contract is to be performed; or

e) have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests; or

f) have been declared, following another procurement procedure or grant award procedure financed by the Community budget, to be in serious breach of contract for failure to comply with their contractual obligations.

In addition, contracts may not, according to Article 94 of the Financial Regulation, be awarded to tenderers who, during the procurement procedure:

g) are subject to a conflict of interest;

h) are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the contract procedure or fail to supply this information.

The Publications Office reserves the right to check the above information.

2.5.3. Administrative and financial penalties The tenderers should also be aware of the following points:

o Each institution has a central database containing information on tenderers who have been in one of the situations described under 2.5.2. The sole purpose of this database is to ensure, in compliance with Community rules on the processing of personal data, that the above-mentioned cases of exclusion are applied correctly. Each institution has access to the databases of the other institutions.

o According to Article 96 of the Financial Regulation No 1605/2002 (OJ L 248, page 1 of 16.9.2002), administrative or financial penalties may be imposed by the Publications Office on tenderers who are in one of the situations in point 2.5.2 above after they have been given the opportunity to present their observations.

These penalties may consist:

a) in the exclusion of the tenderer concerned from contracts and grants financed by the budget, for a maximum period of five years;



b) in the payment of financial penalties by the contractor in the cases referred to in point 2.5.2 (f) and by the tenderer in the cases referred to in Article 94 where they are really serious and without exceeding the value of the contract in question.

The penalties imposed will be in proportion to the importance of the contract and the seriousness of the misconduct.

The details of those penalties are laid down in Article 133 of the implementing rules to the Financial Regulation, Commission Regulation No 2342/2002 (OJ L 357, page 1 of 31 December 2002).

2.6. SECTION THREE: SELECTION CRITERIA Selection of the tenderer suitable for attribution of the contract will be based on an assessment of the tenderer’s:

• economic and financial capacity, and

• technical and professional capacity.

A tenderer may, where appropriate, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. In that case, it must prove to the contracting authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing an undertaking on the part of those entities to place those resources at its disposal.

2.6.1. Financial and economic capacity of the tenderer

2.6.1.1. Documents to provide concerning the financial and economic capacity Section Three must include in its first part, the information on the financial and economic capacity of the tenderer. It must contain the following documents:

• the balance sheets and profit-and-loss accounts for the years 2005-2007,

• the overall turnover and the turnover relating to the services involved in this call for tenders carried out by the tenderer over the years 2005-2007,

• evidence of professional risk indemnity insurance.

2.6.1.2. Evaluation of the financial and economic capacity

The tenderers’ financial and economic capacity will be evaluated on the basis of the documents which the tenderers have to submit according to point 2.6.1.1

2.6.2. Technical and professional capacity of the tenderer

2.6.2.1. Documents to provide concerning the technical and professional capacity of the tenderer

Evidence of the technical and professional capacity of the providers involved in the tender will be furnished on the basis of the following documents:

• A duly completed technical company form (see: Annex 6.7.)

• Competence and professional experience of the various staff members in the areas covered by this invitation to tender – Community law, multilingualism – to be evaluated on the basis of CVs



which tenderers are required to provide. Number of the CVs, as well as requested profiles are specified in the Annex 6.8

• A duly completed CV summary form (see: Annex 6.9.)

• List of similar activities / services (combining legal and linguistic activities/services at the same time) performed by the tenderer, including their short description (maximum two A4 pages)

• Description (maximum five A4 pages) of the tenderer technical facilities (hardware and software) at his disposal, as well as those which are to be deployed for the production effort, particularly with a view to ensuring that the tenderer complies with the technical or formal presentation prescribed for consolidated and codified texts

By submitting a tender, each service provider involved therein accepts the possibility of a check being carried out by the Publications Office on its technical capacities and, if necessary, on its research facilities and quality control measures.

In addition, all tenderers are informed that they may be asked to prove that they are authorised to perform the Contract under national law, as evidenced by inclusion in a professional or trade register or a sworn declaration or certificate, membership of a specific organisation, express authorisation, or entry in the VAT register.

Tenderers' attention is drawn to the fact that any total or partial omission of information for which one or more service providers involved in the tender are responsible may lead the Publications Office to exclude the tender from the rest of the procedure.

2.6.2.2. Evaluation of the technical and professional capacity The technical and professional capacity will be judged on the basis of the tenderer’s expertise relevant to the required services in particular with regard to their know-how, efficiency, experience and reliability.

It should be noted that only CVs which are accepted by the evaluation committee can be used in the execution of the contract in the case of services which are provided on a time-rate basis. The contractor will be informed which CVs have been accepted together with notification of the results of the tender.

2.7. SECTION FOUR: AWARD CRITERIA – TECHNICAL BID Tenderers must include in their bids the technical proposal addressing all aspects detailed in the specifications and all information needed for awarding the Contract. In particular tenderers must provide a specific technical specification for each of the two types of services, namely codification and conformity assessment, describing the methodology to be used in each case.

The award criteria have the purpose of enabling a choice to be made between the tenders which have been submitted by tenderers not subject to exclusion and which meet the selection criteria.

The contract will be awarded to the tenderer who submits the most economically advantageous bid on the basis of the criteria set out below.



Technical award criteria Maximum no. of points

1. Overall quality of the tenderer’s response. 10 2. Approach to quality and continuity regarding the requested services as

presented in the maximum 20 A4 pages document. This document shall cover the following issues:

• understanding of the problem at hand and suitability of the proposed working method;

• quality of measures proposed to ensure: * performance of work within given deadlines;

* handling of any work overload; * the flexibility required to cope with fluctuations in work volume during the execution of the Contract;

• quality of the proposed procedures and organisational set-up, particularly as regards work scheduling and follow-up, assessment of process efficiency and staff productivity

60

3. Quality of monitoring mechanisms proposed with a view to guaranteeing the quality of the work required (maximum 10 A4-pages)

30

TOTAL 100

The result of the technical evaluation is the sum of the number of points obtained as a result of the evaluation of each criterion. Only those bids which are awarded at least half the points for each technical criterion and a total score of at least 66 points will be considered for the award of the Contract. Since assessment of the tenders will focus on the quality of the proposed services, tenders should elaborate on all points addressed by these specifications in order to score as many points as possible. The mere repetition of mandatory requirements set out in these specifications, without going into details or without giving any added value, will only result in a very low score.

2.8. SECTION FIVE: FINANCIAL BID

For the financial bid, the tenderer must use the annexed Price Schedule and Specimen Quotation.

The financial bid must fulfil the following requirements:

• prices must be expressed in euro; • prices should be expressed to a maximum of 4 decimal places; • prices should be quoted free of all duties, taxes and other charges, i.e. also free of VAT,

as the Communities are exempt from such charges in the EU under Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965 (OJ L 152 of 13 July 1967). Exemption is granted to the Commission by the governments of the Member States, either through refunds upon presentation of documentary evidence or by direct exemption. For those countries where national legislation provides an exemption by means of a reimbursement, the amount of VAT is to be shown separately. In case of doubt about the applicable VAT system, it is the candidate's responsibility to contact his or her national authorities to clarify the way in which the European Community is exempt from VAT. The following must be taken into consideration when completing the Price Schedule and Specimen Quotation:



• the Price Schedule (see: Annex 6.1) must include the name of the firm and each page must be duly completed and signed by one of the duly authorised representatives of the company). No amendments to the price schedule will be permitted and a full reply must be given to each question. If no answer is given, the response will be assumed to be negative. Any omission or amendment to the original price schedule will cause the bid to be considered null and void.

• the Specimen Quotation (see: Annex 6.1) must be duly completed and signed. The content must be based on the unit prices given in the price schedule and the price schedule will take precedence over the Specimen Quotation if there is any discrepancy between them. However, the Specimen Quotation is intended as a rough guide only and may not be cited in the event of litigation; only the work actually carried out is to be invoiced, on the basis of the unit prices given in the Price Schedule. The Price Schedule and the Specimen Quotation shall also be provided electronically as an Excel files. In the case of a discrepancy between the paper version and the electronic file, the paper version will take precedence.

2.9. FINAL EVALUATION Only those offers that have passed the previous stages will be considered for this final evaluation. The contract will be awarded to the tenderer with the most economically advantageous bid.

In order to identify the offer presenting the best value for money, quality will be given a weighting of 50 % and price will be given a weighting of 50 % in accordance with the following formula, using only data from bids that have reached the final evaluation stage:

Q Pmin R= (50 x

Qmax ) + (50 x

P )

where:

R stands for value for money Q stands for quality score for the bid in question Qmax stands for quality score for the bid obtaining the highest quality mark Pmin stands for the total final amount of the specimen quotation for the lowest bid P stands for the total final amount of the specimen quotation of the bid in question

2.10. INFORMATION FOR TENDERERS The Publications Office will inform tenderers of decisions reached concerning the award of the Contract, including the grounds for any decision not to award a Contract or to recommence the procedure.

If a written request is received, the Publications Office will inform all rejected tenderers of the reasons for their rejection and all tenderers submitting an admissible tender of the characteristics and relative advantages of the selected tender and the name of the successful tenderer.

However, certain information may be withheld where its release would impede law enforcement or otherwise be contrary to the public interest, or would prejudice the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them.

2.11. AWARD OF THE CONTRACT The procurement procedure is concluded by a Contract signed by the parties, or by a decision not to conclude the Contract.

After the period of validity of the tender has expired, conclusion of the Contract shall be subject to the tenderer's agreement in writing.

General Invitation to Tender 10015 3. Joint bid and subcontracting


3. JOINT BID AND SUBCONTRACTING This section only applies for tenders involving joint bid or subcontracting. If this is not the case, please continue to the next Chapter (4. Technical specifications).

3.1. MAKING A BID IN COLLABORATION WITH OTHER COMPANIES Where a tender involves several legal entities, they may choose between:

• making a joint bid, in which case all the economic operators must be considered as tenderers and, if theirs is the successful bid, as contractors (in this case, one of the tenderers must be put forward as co-ordinator to manage the contract); and

• making a bid in the name of only one tenderer, who is then the sole contractor if the bid is successful, the other legal entities being considered as subcontractors.

Whichever type of bid is chosen (joint bid or bid in the name of one tenderer), the tenderer(s) must stipulate the role, qualifications and experience of each legal entity and, where relevant, the monitoring arrangements that exist between them.

Joint bid Tenderers in a joint bid assume joint and several liability towards the Commission for the performance of the contract as a whole. Statements saying, for instance:

o that one of the partners of the joint bid will be responsible for part of the contract and another one for the rest, or

o that more than one contract should be signed if the joint bid is successful,

are thus incompatible with the principle of joint and several liability.

The Publications Office will disregard any such statement contained in a joint bid, and reserves the right to reject such offers without further evaluation on the grounds that they do not comply with the tendering specifications.

In the case of a joint bid, one of the partners of the joint bid (co-ordinator) should be given power of attorney to represent the other parties to sign and administrate the contract.

If the joint bid is selected the tenderers may be required to adopt a given legal form after they have been awarded the contract if this change is necessary for proper performance of the contract.

Subcontracting If certain tasks provided for in the contract are entrusted to subcontractors, the main contractor retains full liability towards the Publications Office for performance of the contract as a whole. Accordingly:

o the Publications Office will treat all contractual matters (e.g. payment) exclusively with the main contractor, whether or not the tasks are performed by a subcontractor;

o under no circumstances can the main contractor avoid liability towards the Commission on the grounds that the subcontractor is at fault.

Tenderers must inform the subcontractor(s) that Article II.17 of the contract will be applied to them. Once the contract has been signed, Article II.13 of the above-mentioned service contract shall govern the subcontracting. During execution of the contract, the contractor will need the Commission's express authorisation to replace a subcontractor with another and/or to subcontract tasks for which subcontracting was not envisaged in the original offer.



3.2. DOCUMENTS TO SUBMIT – JOINT BID In the case of a joint bid, the following documents must be provided:

Section One: Administrative Information and evidence for access to the contract 1. A declaration based on the model agreement on the “Power of Attorney” attached in

Annex 6.2C, signed by the legal representatives of all the partners of the joint bid including the following:

• recognising joint and several liability for all the partners of the joint bid for the performance of the contract;

• giving one of the partners of the joint bid (co-ordinator) power of attorney to represent the other parties to sign and administrate the contract.

2. If the tenderers have already set up a consortium or similar entity to that end, they should state this in their offer, together with any other relevant information and documentation in this connection.

3. The questionnaire for joint bids and subcontracting (Annex 6.4.) must be provided signed by a legal representative of the co-ordinator.

4. The Form for identification of the tenderer (Annex 6.3.) must be provided by each partner of the joint bid.

5. The legal entity form (Annex 6.2B) for each tenderer with all the above-mentioned supporting documents as specified in point 2.4.

Only the co-ordinator must return the financial identification form (Annex 6.2A)

Section Two: Documents relating to the exclusion criteria 6. Each tenderer must fill in and return the declaration on grounds for exclusion (Annex

6.6), as well as be prepared to provide the supporting documents as specified above in point 2.5.

Section Three: Documents relating to the selection criteria 7. Each of the parties of a joint bid must provide the documents regarding the economic

and financial capacity:

• the balance sheets and profit-and-loss accounts for the years 2005-2007;

• the overall turnover and the turnover relating to the services involved in this contract carried out by the tenderer over the years 2005-2007;

• Evidence of professional risk indemnity insurance.

The technical documents concerning the selection criteria only has to be completed once for all partners of a joint bid, but it must be indicated to which partner the described capacities belong.

Sections Four and Five: Documents relating to the award criteria

The documents relating to the award criteria shall be provided once by the co-ordinator representing the group of tenderers.



3.3. DOCUMENTS TO SUBMIT – SUBCONTRACTING If the offer envisages subcontracting, it must include the following.

Section One: Administrative Information and evidence for access to contract

1. the questionnaire for joint bids and subcontracting provided in Annex 6.4, signed by

a legal representative of the tenderer. The third page of this questionnaire must be provided once for each subcontractor, including the following information:

• the reasons for subcontracting;

• the roles, activities and responsibilities of each subcontractor, and

• the volume / proportion for each subcontractor;

2. a letter of intent by each subcontractor stating its intention to collaborate with the tenderer if the contract is awarded to him.

Section Two: Documents relating to the exclusion criteria

3. subcontractors must provide the duly signed declaration on grounds for exclusion (Annex 6.6.). Where, in a bid, the value of the subcontracting which is to be executed by a subcontractor is equal to or exceeds 20% of the value of the contract, the subcontractor must be prepared to provide all the supporting documents to the declaration as specified in point 2.5. Where those services represent less than 20% of the contract, the subcontractor shall not be required to provide the supporting evidence. The Publications Office, however, reserves the right, to request the evidence if considered necessary.

Section Three: Documents relating to the selection criteria

4. Where, in a bid, the value of the subcontracting which is to be executed by a

subcontractor is equal to or exceeds 20% of the value of the contract, the subcontractor must provide the documents related to the economic and financial capacity as specified in point 2.6. Where those services represent less than 20%, the subcontractor does not have to provide the documents related to the economic and financial capacity. However, in case the tenderer relies on the capacities of subcontractors for fulfilling the selection criteria as he indicated in the questionnaire for joint bids and subcontracting the Publications Office will ask for those documents (point 2.5). The Publications Office also reserves the right to ask for those documents if considered necessary.

5. The subcontractor has to answer the questions which concerns the services he or she is proposed to perform

Sections Four and Five: Documents relating to the award criteria

The documents relating to the award criteria shall be provided only by the tenderer.



3.4. EVALUATION OF THE BIDS IN CASE OF JOINT BIDS OR SUBCONTRACTING

3.4.1. Exclusion criteria The exclusion criteria will be assessed in relation to each tenderer or subcontractor individually.

3.4.2. Selection criteria

Joint bid If several tenderers are involved in the bid as partners of a joint bid, each of them must prove that they have the required economic and financial capacity. However if the criteria are to be achieved above a certain level, a consolidated assessment shall be made.

The selection criteria concerning the technical and professional capacity will be assessed in relation to the group as a whole.

Subcontracting The selection criteria concerning the economic and financial capacity will be assessed in relation to the tenderer and each proposed subcontractor individually if the Publications Office finds it necessary due to the role of the subcontractor and volume of the subcontracting. However if the criteria are to be achieved above a certain level, a consolidated assessment shall be made to the extent that the subcontractor puts its resources at the disposal of the tenderer for the performance of the contract.

The selection criteria concerning the technical and professional capacity will be assessed in relation to each proposed subcontractor only as regards the subcontracted services.

Only in the case where the tenderer intends to rely on capacities from the subcontractor in order to fulfil the selection criteria, as he indicated in the questionnaire for joint bids and subcontracting (Annex 6.4), the selection criteria for technical and professional capacity will be assessed in relation to the combined capacities of the tenderer and the subcontractor as a whole, to the extent that the subcontractor puts its resources at the disposal of the tenderer for the performance of the contract.

3.4.3. Award criteria

The evaluation of the award criteria will be assessed in relation to the tender as a whole.

.

General Invitation to tender 10015 4. Technical specifications


4. TECHNICAL SPECIFICATIONS

4.1. INTRODUCTION AND DEFINITIONS The Publications Office is responsible for organising the consolidation of Community legislation, which consists of incorporating all the amendments a basic act has undergone into the body of the text, but without altering the substance in any way. Consolidation has no legal effect and is for information only. It consists of consolidating the texts belonging to a family of acts as published in the Official Journal of the European Communities while keeping track of all amendments which have taken place over time. This results in a continuous text, without recitals except for those of the basic act, in which the links to the original texts are maintained. The Legal Service is responsible: a) for Codification, which comprises the adoption of a new legislative act which collects together the texts of one or more existing basic acts and their successive amendments as published in the Official Journal of the European Communities, without altering the substance in any way. The new legislative act is adopted in accordance with the applicable legislative procedure, and repeals and replaces the acts thus codified; as well as b) for Recasting, which comprises the adoption of a new legal act which both introduces amendments to one or several basic acts and codifies these amendments with the unchanged provisions of the basic act or acts and their successive amendments. The legal act resulting from the recasting exercise repeals and replaces the previous act or acts. Those activities are a part of the ongoing effort to make Community legislation more accessible, and in particular of the Commission's Simplification and Better Regulation Programmes. These operations are performed in order to make it easier to read amended acts and make Community legislation more accessible, as large number of acts have been amended more than once, making it difficult to gauge the current status of any given act. In this context, Community legislation is understood to mean binding secondary legislation (regulations, decisions, recommendations and directives) under the Treaties establishing the European Communities and the European Union. While in force, a legislative act may undergo amendments provided for in amending acts, corrigenda, acts of accession etc. A basic act and all the texts amending it is referred to as a “legislative family”. Acts and legislative families in force are listed in the Directory of Community Legislation in Force. c) for other legal activities relating in particular to assisting the Commission's Directorates-General in the identification and pursuit of infringements of Community law and the defence of the Commission's interests in Infringement Proceedings before the Court of Justice arising from unsatisfactory implementation by Member States of obligations flowing from Community legislation.

4.2. EUR-LEX

The EUR-Lex (http://www.eur-lex.europa.eu) is the portal to European Union law. It shall be used by the Contractor to determine which texts make up a legislative family, to download relevant documents and to obtain necessary information. Amongst other legal texts, this database contains the Community acts and relevant associated information (bibliographical details, analytical data, information about applicability, etc.).



4.3. DESCRIPTION OF WORK WITH REGARD TO CODIFICATION The Contractor will be required to work on the consolidated text produced by the Publications Office in accordance with the following workflow, using MS Word + LegisWrite. 1 Even if the Technical Specifications refer to codification / recasting, tenderers are informed that in most cases the work concerns codification.

4.3.1. Preparation of the working dossier a) The Contractor will receive:

o a request for codification or recasting; o a mastercopy (in EN, or in FR) of a proposal for a codification/recast of the legal family

concerned; o a list of legal documents, changing the basic legal act which were considered for incorporation

into the mastercopy; o other linguistic versions in consolidated form of the legal act concerned, in the LegisWrite

format; b) The Contractor will download from EUR-Lex the other linguistic versions in consolidated form of the legal act to be codified/recast as well as PDF versions of the legal acts published in the Official Journal, which were considered to be taken into the account during consolidation. In addition, the Contractor shall use EUR-Lex, to obtain any other information necessary to perform the requested tasks.

4.3.2. Preparation for codification / recast a) the Contractor, taking due account in particular of any comments, will:

- verify the composition of the legislative family – if all the changes have been taken into the account, and taken into account in the right order.,

- verify the consolidated text from the legal (ex. if all the legal acts have been taken into the account during the consolidation), linguistic (ex. linguistic review of the text) and editorial (ex. if the different linguistic versions have a similar layout). points of view on the basis of texts published in the Official Journal. The Contractor will examine and, where appropriate, validate the consolidated text as presented to him;

- report on the results and formulate any observations he may have regarding any inconsistencies found between one or more language versions of the consolidated text and the texts of the acts as published in the Official Journal; similarly, where appropriate, the Contractor will provide the Commission with written observations with regard to possible anomalies found in the acts published in the Official Journal, such as discrepancies between the various language versions of a particular act, which are perforce included in the consolidated text; it is for the competent institutions alone to decide how these observations are to be followed up, the Contractor having no authority to amend the consolidated text as presented to him or to insert annotations of whatever kind. The Contractor's tasks will be finished at the moment of report's submission.

4.3.3. Codification / Recast The Contractor, on the basis of mastercopy (in EN, or in FR) provided by the Legal Service, will prepare a project for a codification / recast, which consists of the following tasks: • Verification that the consolidation was properly carried out;

1 LegisWrite is a special applet working under Microsoft word, which has been developed for Codification, which will be provided by the Commission to the contractor.



• Verification that the consolidated version tallies with the original version published in the Official Journal in all the EU languages. Identifying any missing text in Word/LegisWrite files;

• Bringing the consolidated text of each language version into compliance with LegisWrite format and standards;

• Checking of each language version with regard to the mastercopy provided by the Legal Service. • Including in all linguistic versions the changes indicated in the mastercopy (explanatory memoranda,

adaptations, recitals, components specific to consolidated texts such as the title pages, annexes containing tables with dates of transposition, correspondence tables, etc.)

• Joint reading (verifying that work was properly carried out, that results tally and detecting the problems shared by all languages), including carrying over the results into the versions and the reports.

• Drawing up a general report for each lot of work.

4.3.4. Second codification / recast (if necessary) If a proposal for a codified/recast act is pending before the legislator and a new amendment to the act undergoing codification is adopted, the Commission can send to the Contractor an order form for an amended proposal of the codified/recast act. This amended proposal will be prepared on the basis of the initial proposal pending before the legislative authority and following the same work phases.

4.3.5. Transmission of the files The Contractor will send electronically2 the proposal for a codification or for a recast (in 22 languages) and the general report to the Legal Service.

4.3.6. Approval of the work The Legal Service will inform the Contractor, within twenty (20) working days, if the files delivered and the general report are approved, or rejected. If the Legal Service has not responded within the above-mentioned time-limit, the delivery is deemed to be approved. In case of rejection, the contractor shall deliver, within twenty (20) working days, a corrected version.

4.4. DESCRIPTION OF WORK WITH REGARD TO CONFORMITY ASSESSMENT To ensure legal certainty and the enforcement of the rights and obligations of those concerned by Community legislation, it is essential that national legislative measures implementing that legislation are checked systematically and analytically to detect any failure to conform fully. The precise number of conformity assessments to be carried out under this Contract is not known at the present time. It is envisaged that the assessment of the implementation of Directive 1999/93/EC on electronic signatures could begin in 2009 and that of Directive 2007/65/EC on consumer credit in 2010/2011. More generally it is envisaged that over the coming years assessments will become necessary in the fields of company law, mutual recognition of professional qualifications and the internal market for electricity and gas.

4.4.1. Sending out of the working dossier The Contractor will receive:

o a request for a preparation of the conformity assessment; o a copy in EN or FR of the directive concerned; o a list of countries, for which a conformity assessment is required. The assessment might be

requested for all, or for selected Member States. 2 In case of huge size, the dossier may be delivered on the CD.



4.4.2. Preparation of the conformity assessment The Contractor shall analyse the national measures adopted by Member States with a view to transpose the relevant Community legislation. In most cases those measures are communicated to the Commission. This analysis will extend to other pieces of national legislation to which reference is made in the national implementing measures or which appear necessary to ensure a thorough verification of its conformity with Community legislation, including relevant national case law. The analysis shall be on an article-by-article basis. The Contractor will also be required to identify articles for which conformity problems occur and to evaluate the extent to which the Community legislation was correctly implemented, giving full explanations. Evaluation of conformity must take into account the relevant case law of the Court of Justice.

4.4.3. Conformity assessment Following the performance of the tasks as described in the point 4.4.2 above, the Contractor shall prepare an assessment, which shall be delivered to the Legal Service. One assessment for each piece of Community legislation and each Member State identified by the Commission shall be prepared in English or French, as specified in the request submitted by the Commission. The assessment shall include: (i) a list of the national laws, regulations and administrative practices intended to implement the

legislation, (ii) a datasheet prepared setting out the problems in conformity identified by the Contractor,

identifying clearly the article or part of an article concerned and giving reasons for the conclusion that there is a problem,

(iii) a correlation table setting out the national provision or measure which transposes each article or part of an article.

4.4.4. Approval of the work The Legal Service will inform the Contractor, within twenty (20) working days, if the assessments delivered are approved, or rejected. If the Legal Service has not responded within the above-mentioned time-limit, the delivery is deemed to be approved. In case of rejection, the contractor shall deliver, within twenty (20) working days, a corrected version.

4.5. WORKING METHOD

4.5.1. General The Contractor shall render an account of its activities to the Commission or to the latter’s agent responsible for handling all aspects of the project. The Commission shall be the exclusive contract manager.

4.5.2. Working method - codification Legal service providers will work on the basis of deliverables specified in a dossier forming part of the work programme. This dossier will contain all the elements relating to the work in question: legal references of the act, the language versions concerned, composition of the legislative family (amending acts, corrigenda, acts of accession, references to Treaties, etc.), copy of the texts in at least one language version and other useful items of information. On the basis of the work dossier, the Contractor will detail his operational plan in his quote. To this end, he will specify in the quote for each type of resource, the input (workload) which he considers necessary,



the estimated cost of the operation, and the delivery time. The Contractor shall provide a quote within ten (10) working days following the reception of the work dossier. The Contractor’s proposal (quote) must be accepted by the Commission before any work order is formally issued. The Commission shall have fifteen (15) working days for the approval of the quote. The specimen quotation to be used as a reference for this invitation to tender takes the form of a quote (see Annex 6.1). Once this has been accepted by the Commission, an order form will be drawn up on the basis of the price schedule, setting out the details and planning of the work, which will be regarded as fixed. Within ten (10) working days of an order being sent by the Commission to the Contractor, the Commission shall receive it back, duly signed and dated. The period allowed for the provision of services shall start to run on the date the Contractor signs the order, unless a different date is indicated on the form. The period allowed for the provision of services shall be fixed by the Commission after consulting the Contractor. Any failure to meet specified deadlines will incur contractual liquidated damages. A detailed list of actions taken and time expended will be drawn up and attached to the invoice.

4.5.3. Working method – conformity assessment Within ten (10) working days of an order being sent by the Commission to the Contractor, the Commission shall receive it back, duly signed and dated. The period allowed for the provision of services shall start to run on the date the Contractor signs the order, unless a different date is indicated on the form. Any failure to meet specified deadlines will incur contractual liquidated damages.

4.6. ANNUAL REPORT The Contractor is required to submit an annual report containing a precise analysis of contract performance and the speed of his work on codification, including details of the various tasks carried out during the year.

4.7. RESOURCES The tenderer shall provide CVs of the legal service providers, who – in case of the Contract's award – will perform tasks covered by this call for tenders. Each legal services provider shall work in one or more target language(s).

3

He or she must have an excellent knowledge of the given language(s). See Annex 6.8 for a description of legal services provider's profile. Each target language shall be covered by at least 2 legal services providers. A maximum of three CVs per target language shall be provided. The Contractor must provide the infrastructure (computer equipment, offices, etc.) and consumables required, including necessary telecommunications expense. These costs will be included in the rates for the legal services providers.

4.8. LIQUIDATED DAMAGES

The Commission reserves the right to demand payment for failure to meet delivery deadlines and for deliveries whose quality is unsatisfactory, in accordance with a point I.10 of the Draft Contract.

4.9. LEGISWRITE STYLE SHEETS (« PRACTICAL GUIDE FOR USING LW FOR CODIFICATION »)

See: Annex 6.10.

4.10. WORKFLOW FOR CODIFICATION See: Annex 6.12

5 Reports and documents

25 / 49 General Invitation to Tender No. 10015 Codification

5. REPORTS AND DOCUMENTS

See: Chapter 4 Technical Specification.

6 List of annexes


6. ANNEXES

Annex 6.1. Price Schedule and Specimen Quotation

Annex 6.2A Financial identification form Available only in electronic version- http://europa.eu/comm/budget/execution/ftiers_en.htm

Annex 6.2B Legal entity form Available only in electronic version-http://europa.eu/comm/budget/execution/legal_entities_en.htm

Annex 6.2C Agreement / Power of attorney

Annex 6.2D Bank guarantee

Annex 6.3. Form for identification of tenderers

Annex 6.4. Questionnaire for joint bids and subcontracting

Annex 6.5. List of documents to be provided

Annex 6.6. Declaration on the grounds for exclusion

Annex 6.7. Technical company form

Annex 6.8. CV

Annex 6.9. CV summary

Annex 6.10. Legiswrite style sheets (« practical guide for using lw for codification ») Available only in electronic version- http://publications.europa.eu/tenders/our/index_en.htm

Annex 6.11 1995L0012 Available only in electronic version- http://publications.europa.eu/tenders/our/index_en.htm

Annex 6.12 Workflow Available only in electronic version- http://publications.europa.eu/tenders/our/index_en.htm



ANNEX 6.1. PRICE SCHEDULE AND SPECIMEN QUOTATION This price schedule and specimen quotation will be included as Annex 1 to the Contract to be signed on conclusion of the tendering procedure.

PRICE SCHEDULE

Profile

Type of price

Unit price

Legal Services Providers

Daily fee in €

Legal Services Providers Minute fee in € (daily fee / 480)

o Based on an 8-hours day (480 minutes) o The tenderer’s attention is drawn to the fact that the daily fee has to include any costs concerning

the management of the service Contract. This concerns in particular all coordination and reporting activities.

o Prices must be quoted as follows: unit price in euro, all-inclusive and net of VAT Company: _______________________ Date : ____________________

Name: _______________________ Signature and stamp: _________



SPECIMEN QUOTATION FOR A TYPICAL SPECIMEN FILE -- CODIFICATION This is a description of a typical specimen file, setting out the work which would need to be carried out under this Contract. By way of example, in order to make the subject of this invitation to tender clear, the legal services to be provided by the Contractor would fall within the methodology described below. A list of the families to be processed and the corresponding electronic documents which make up the work dossier would be provided. The document reference numbers are the Celex numbers for the legislative acts. The Contractor would be expected to provide full details of the work to be carried out, stating, for each group of family, the workload (in terms of time) considered necessary and, taking the various phases into account, deadlines for delivery. This specimen order form from the Legal Service, together with the Contractor’s quote, are provided on the following pages as an example. For every work order issued by the Legal Service, the Contractor is to submit a quote. The Legal Service reserves the right to check the quote prior to officially issuing the order. The quote should include a work schedule and the deadlines given by the Contractor. Once the Contractor has analysed the order sent he is to define the tasks required to process the families in question and to calculate the total time needed to complete the work. In order to make it easier in practice to carry out and supervise the work described in the Contract and to bill the time needed for the legal services required, the Contractor is to submit the price per minute/text for all the tasks needed to process the families. In our example, the Contractor should therefore state the price per page if the tasks are required to process the documents. These are hypothetical examples of an order and a quote by the Contractor which estimates the amount of work needed to complete the designated tasks and the corresponding costs together with the time needed to complete production. In order to verify that the calculations are correct, and using the prices set out by the Contractor in the price schedule, the Legal Service will also produce estimates of the work and time required to complete each order submitted to the Contractor. The Legal Service shall state whether or not the quote has been accepted. Once it has been accepted, the quote becomes an official order and the Contractor must carry out the work by the stated deadline.



SAMPLE WORK SCENARIO CONTENTS OF ORDER NO XX/XXXXX OF DD.MM.YYYY

proposals for codification in Legiswrite format in 22 languages Family ID LGs Pages 1995L0012 22 50 The Contractor is to indicate the necessary tasks, previously listed in the technical specifications. The Contractor is to state the cost of the tasks to be carried out for the families. These must be proportionate with those set out in the price schedule. Identification of tasks: Task 1: Verification of the family.

Task 2: Verification that all the changes have been properly carried out.

Task 3: Verification that the consolidated version tallies with the original versions published in the OJ in all the languages.

Task 4: Bringing the consolidated text of each language version into compliance with the LegisWrite format and standards, including any corrections to be made.

Task 5: Checking each language version with regard to the mastercopy.

Task 6: Making the changes indicated in the mastercopy (explanatory memoranda, adaptations, recitals, components specific to legislatively consolidated texts such as the title pages, annexes containing tables with dates of transposals, correspondence tables, etc.)

Task 7: For modified proposals, drawing up the list of points changed (compared with the initial proposal).

Task 8: Joint reading (verifying that work was properly carried out, that results tally and detecting the problems shared by all languages), including carrying over the results into the versions and the reports.

Task 9: Drawing up a report.



SPECIMEN QUOTATION - CODIFICATION– FAMILY 1995R1858 Item Tasks (if necessary) and estimated time Number

of minutes per page

(A)

Price per page and per task

(B)

Number of pages

(C)

Total cost of work

(in €)

(BxC) 1 Task 1 50 2 Task 2 50 3 Task 3 50 4 Task 4 50 5 Task 5 50 6 Task 6 50 7 Task 7 50 8 Task 8 50 9 Task 9 (fixed price)

10 Total in € for one legal services provider (items 1-9)

11 Total cost for LegisWrite formatting in

21 languages (items 10x21)

• The tenderer’s attention is drawn to the fact that the above estimation is purely indicative and represents no obligation for

the Legal Service to place according orders in case of award of the Contract. • In case of differences between price schedule and estimation form, the information included in the price schedule is taken

into account. • All prices have to be indicated in euro. • The price per day is all-inclusive net of tax, since the European Union is exempt of all taxes. • Mission expenses may be taken into the account (see: article I.3.4 of the Draft Contract)

TOTAL ESTIMATION - CODIFICATION Family type Price per

family

(A)

Estimated number of families (per year)

(B)

Price (per year)

(A)x(B)=(C)

Price (per 4 years)

(C)x4 1995L0012 25

Total Estimation

Company: _______________________ Date : ____________________

Name: _______________________ Signature and stamp: _________



SPECIMEN QUOTATION – CONFORMITY ASSESSMENT

Number of man-days (per year)

(A)

Price per man-day

(B)

Price (per year)

(A)x(B)=(C)

Price (per 4 years)

(C)x4

80

Total Estimation Total final amount (Total estimation for codification + Total estimation for conformity assessment) ……………….. Company: _______________________ Date: ____________________ Name: _________________________ Signature and stamp: ________

Annex 6.2A Financial Identification Form / 6.2.B Legal Entity Form


ANNEX 6.2A FINANCIAL IDENTIFICATION FORM

Model financial identification form (to be completed by the tenderer and his or her financial institution)

The specific form for each Member State is available at the following Internet address: http://europa.eu/comm/budget/execution/ftiers_en.htm

ANNEX 6.2B LEGAL ENTITY FORM

Model legal entity form (to be completed and signed by the tenderer)

The specific form for each Member State is available at the following Internet address: http://europa.eu/comm/budget/execution/legal_entities_en.htm



ANNEX 6.2C AGREEMENT / POWER OF ATTORNEY

Agreement / Power of attorney

Model 1

(DESIGNATING ONE OF THE COMPANIES OF THE GROUP AS LEADER AND

GIVING A MANDATE TO IT) We the undersigned:

– Signatory 1 (Name, Function, Company, Registered address, VAT number) – Signatory 2 (Name, Function, Company, Registered address, VAT number) – ….. – Signatory N (Name, Function, Company, Registered address, VAT number),

Each of them having the legal capacity required to act on behalf of his/her company, HEREBY AGREE AS FOLLOWS: (1) The European Commission has awarded the Framework Contract 10015 (« the Contract ») to Company 1, Company

2, …, Company N (« the Group Members »), based on the joint offer submitted by them on … ….. for the provision of the codification and conformity assessment Services (« the Services »).

(2) As co-signatories of the Contract, all the Group Members: (a) Shall be jointly and severally liable towards the European Commission for the performance of the Contract. (b) Shall comply with the terms and conditions of the Contract and ensure the proper execution of their

respective share of the Services. (3) To this effect, the Group Members designate Company X as Group Leader.

[N.B.: The Group Leader has to be one of the Group Members] (4) Payments by the European Commission related to the Services shall be made through the Group Leader’s bank

account. [Provide details on bank, address, account number, etc.].

(5) The Group Members grant to the Group Leader all the necessary powers to act on their behalf in connection with the Services. This mandate involves in particular the following tasks:

(a) The Group Leader shall sign any contractual documents — including the Framework Contract, Orders and Amendments thereto — and issue any invoices related to t the Services on behalf of the Group Members.

(b) The Group Leader shall act as single point of contact for the European Commission in connection with the Services to be provided under the Contract. It shall co-ordinate the provision of the Services by the Group Members to the European Commission, and shall see to a proper administration of the Contract.

Any modification to the present agreement / power of attorney shall be subject to the European Commission’s express approval. This agreement / power of attorney shall expire when all the contractual obligations of the Group Members towards the European Commission in connection with the Services to be provided under the Contract have ceased to exist. The parties cannot terminate it before that date without the Commission’s consent. Signed in …. on ……….. ……… Name Name Function Function Company Company



Agreement / Power of attorney

Model 2

(CREATING THE GROUP AS A SEPARATE ENTITY, APPOINTING A GROUP MANAGER AND GIVING A MANDATE TO HIM/HER)

We the undersigned: – Signatory 1 (Name, Function, Company, Registered address, VAT number) – Signatory 2 (Name, Function, Company, Registered address, VAT number) – ….. – Signatory N (Name, Function, Company, Registered address, VAT number),

Each of them having the legal capacity required to act on behalf of his/her company, HEREBY AGREE AS FOLLOWS: (1) The European Commission has awarded the Framework Contract 10015 (« the Contract ») to Company 1, Company

2, …, Company N (« the Group Members »), based on the joint offer submitted by them on … ….. for the provision of the codification and conformity assessment Services («the Services »).

(2) As co-signatories of the Contract, all the Group Members: (a) Shall be jointly and severally liable towards the European Commission for the performance of the Contract. (b) Shall comply with the terms and conditions of the Contract and ensure the proper execution of their respective

share of the Services. (3) To this effect, the Group Members have set up under the laws of ……. the Group ….. (« the Group »). The Group has

the legal form of a .….. [Provide details on registration of the Group: VAT number, Trade register, etc.].

(4) Payments by the European Commission related to the Services shall be made through the Group’s bank account. [Provide details on bank, address, account number, etc.].

(5) The Group Members appoint Mr./Ms ……. as Group Manager. (6) The Group Members grant to the Group Manager all the necessary powers to act alone on their behalf in connection

with the Services. This mandate involves in particular the following tasks: (a) The Group Manager shall sign any contractual documents – including the Framework Contract and amendments thereto – and issue any invoices related to the Services on behalf of the Group Members. (b) The Group Manager shall act as a single point of contact for the European Commission in connection with the Services to be provided under the Contract. He/she shall co-ordinate the provision of the Services by the Group Members to the European Commission, and shall see to a proper administration of the Contract. Any modification to the present agreement / power of attorney shall be subject to the European Commission’s express approval.

This agreement / power of attorney shall expire when all the contractual obligations of the Group Members towards the European Commission in connection with the Services to be provided under the Contract have ceased to exist. The parties cannot terminate it before that date without the Commission’s consent. Signed in ……….. on ……….. ……… Name Name Function Function Company Company

Annex 6.2D Bank guarantee


ANNEX 6.2D BANK GUARANTEE [Place/Date]

Contract performance guarantee No 10015 Title: Codification and conformity assessment Services

Bank (Letterhead)

We hereby confirm that we give the European Community an unconditional and irrevocable joint and several guarantee for an unlimited period to the value of

EUR 200,000 (in words two hundred thousands euro)

for performance of the Contract, above-mentioned, concluded between the:

European Community represented by the European Commission Legal Service Rue de la Loi 200 B-1049 Brussels

and

Firm ……………………., Name ………….…/, registration n° ……………………, whose Head office is in ………………………, address ……………………………………………………….; hereinafter referred to as “the Contractor”. If the Commission gives notice that the Contractor has for any reason failed to fulfil his obligations under the Contract by the due date, the Bank, acting on behalf of the Contractor, undertakes to pay up to the above amount into a bank account designated by the Commission immediately on receipt of a first written request from the Commission (sent by registered post, with acknowledgement of receipt). The Bank waives the right to require exhaustion of remedies against the principal, any right to withhold performance, any right of retention, any right of avoidance, any right to offset, and the right to assert any other claims which the Contractor may have against the Commission under the Contract or in connection with it or on any other grounds. The Bank may be released from this guarantee only with the Commission’s written consent and does not have the right of deposit without its consent. The Bank’s obligations under this guarantee are not affected by any arrangements or agreements made by the Commission with the Contractor which may concern his obligations under the Contract. This guarantee shall take immediate effect. It shall expire on return of this document, which must occur within 30 days after the final payment under the Contract has been made. This guarantee is governed by the law applicable to the Contract. The courts having jurisdiction for matters relating to the Contract shall have sole jurisdiction in respect of matters relating to this guarantee.

[Place/Date]

__________________ __________________

[Signature/Function] [Signature/Function]

Annex 6.3. Form for identification of tenderer


ANNEX 6.3. FORM FOR IDENTIFICATION OF THE TENDERER

Identification of the tenderer

acting in the capacity of:

Member of consortium (specify role ……………………………) Members of a consortium, which are not the co-ordinator, only have to fill in the first paragraph – identity, a contact person and the last paragraph – declaration

Main contractor Sub contractor

Information to be included in the Contract in case of award

Identity Answer

Official name of tenderer in full ………

Official legal form …………………….

Date of registration

Country of registration ………………..

Statutory registration number …………

Official address of tenderer in full ……

(Internet address – if applicable) ……...

VAT registration number ……………..

Person(s) designated to sign the Contract – name in full and function. Please indicate if the person(s) are authorised to sign alone or together*

Bank account The information must be consistent with the financial identification form in (see: Annex 6.2A)

Answer

Name of bank ……………………………. Address of branch in full …………………

Exact designation of account holder …….. Full account number including codes …… IBAN code ………………………………. BIC code …………………………………

Annex 6.3. Form for identification of tenderer


Contact person For administrative matters

Answer

Name in full and title …………………….

Function ………………………………….

Company name …………………………..

Address in full ……………………………

Telephone number ……………………….

Fax number ………………………………

E-mail address ……………………………

Contact person For technical matters

Answer

Name in full and title …………………….

Function ………………………………….

Company name …………………………..

Address in full ……………………………

Telephone number ……………………….

Fax number ………………………………

E-mail address ……………………………

Declaration by an authorised representative*

I, the undersigned, certify that the information given in this tender is correct, that I accept the conditions set out in the invitation letter, the tender specifications and the draft Contract and that the tender is valid.

Name in full and title ……………………

Function/Position (e.g. “manager”) ……

Telephone number ……………………...

Fax number ……………………………..

E-mail address ………………………….

DATE/ SIGNATURE

* The tender must include documents proving that the person(s) designated to sign the Contract as well as the person(s) signing the tender are authorised to do so.



ANNEX 6.4 QUESTIONNAIRE FOR JOINT BIDS AND SUBCONTRACTING

This questionnaire only has to be completed if your tender involves a joint bid or subcontracting.

Joint bid 1. Does your bid involve more then one tenderer? Yes No The questions No 2 – 4 shall be answered only if the answer is affirmative. 2. Please fill in the name of the company having power of attorney for the group of tenderers and acting as a co-ordinator: 3. Please fill in the names of the other companies taking part in the joint offer: 4. If a consortium or similar entity exists, please fill in the name and the legal status of the entity:

Subcontracting

5. Does your bid involve subcontracting? Yes No If the answer is yes, please complete question number 6, and the next page once for each subcontractor. 6. List of subcontractors:

…….….……………………………….……….….……………………………….… …….….……………………………….……….….……………………………….… …….….………………………………….…….….……………………………….… ……….………………………………..……….….……………………………….… …….….……………………………….……….….……………………………….… …….….……………………………….……….….……………………………….…



Reasons, roles, activities and responsibilities of subcontractors

Please complete this page once for each subcontractor.

Name of the subcontractor:

Official legal form:

Country of registration:

Statutory registration number:

(Internet address, if applicable):

Official address in full:

Contact person:

Telephone number:

Reasons for subcontracting:

Role, activities and responsibilities of the subcontractor:

The volume or the proportion of the subcontracting:

Annex 6.5. List of documents to be provided


ANNEX 6.5. LIST OF DOCUMENTS TO BE PROVIDED

DOCUMENTS SUMMARY Annex Place in the tender

Section One: Administrative information and evidence for access to Contract Duly signed cover letter (to be provided) --- This list of documents (to be completed) 6.5 Financial identification form (to be completed) 6.2A Legal entity form (to be completed) with supporting documents as described in point 2.4 of the Specifications − Articles of association − Proof of registration number and of VAT number − Documents showing that the person(s) signing the tender and designated to sign the

Contract are entitled to do so

6.2B

Form for identification of the tenderer (to be completed) 6.3 Questionnaire for joint bids and subcontracting (if applicable, to be completed) 6.4 If it is a joint bid, a declaration (if applicable, to be complete) signed by legal representatives of all the partners of the joint bid:

• recognising joint and several liability for all the partners of the joint bid for the performance of the Contract,

• giving one of the partners of the joint bid (co-ordinator) power of attorney to represent the other parties to sign and administrate the Contract,

6.2C

If subcontracting is involved in the bid, a letter of intent by each subcontractor stating its intention to collaborate with the tenderer if the Contract is awarded to him (if applicable, to be provide)

---

Section Two: Documents relating to the exclusion criteria Declaration on grounds for exclusion (to be completed) and the following related certificates or documents (to be provided):

• a recent extract from the ‘judicial record’ or equivalent • a recent certificate of having fulfilled obligations relating to the payment of social

security contributions or equivalent • a recent certificate of having fulfilled obligations relating to the payment of taxes

or equivalent

6.6

Section Three: Documents relating to the selection criteria a) financial and economic capacity

Balance sheets and profit or loss accounts for the years 2005-2007 (to be provided) --- Overall turnover and the turnover relating to the services involved in this call for tenders carried out by the tenderer over the years 2005-2007 (to be provided)

---

Evidence of professional risk indemnity insurance (to be provided) --- b) technical and professional capacity

Technical company form (to be completed) 6.7 CV-summary (to be completed) 6.9 CV forms (to be completed) 6.8 List of similar activities / services (to be provided) --- Description of the technical facilities (to be provided) ---

Section Four: Documents relating to the technical award criteria Document presenting approach to the quality and continuity of the requested services (to be provided)

---

Document presenting quality of monitoring mechanism (to be provided) --- Section Five: Documents relating to the financial award criteria

Price schedule (to be completed) 6.1 Specimen quotation (to be completed) 6.1.



ANNEX 6.6. DECLARATION ON THE GROUNDS FOR EXCLUSION

DECLARATION

1. Pursuant to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial

Regulation applicable to the general budget of the European Communities (OJ L 248/1 of 16 September 2002), I, the undersigned, declare on my honour that the following grounds for disqualification do not apply to the company or organisation which I represent, or to me (if the tenderer/subcontractor is a natural person):

(a) being bankrupt or being wound up, having one's affairs administered by the court, having entered into an arrangement with creditors, having suspended business activities, being the subject of proceedings concerning those matters, or being in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

(b) having been convicted of an offence concerning professional conduct by a judgement which has the force of res judicata;

(c) being guilty of grave professional misconduct proven by any means which the contracting authority can justify;

(d) not having fulfilled my obligations relating to the payment of social security contributions or my obligations relating to the payment of taxes in accordance with the legal provisions of the country of establishment or with those of the country of the contracting authority or those of the country where the Contract is to be performed;

(e) having been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;

(f) following another procurement procedure or grant award procedure financed by the Community budget, having been declared to be in serious breach of Contract for failure to comply with their contractual obligations.

For (d), the applicant must also submit, together with this declaration, recent certificates issued by the competent authority of the Member State concerned showing that his or her situation is in order. Failure to supply such certificates may result in the automatic disqualification of the applicant.

The Commission will accept as sufficient evidence that none of the cases quoted in (a), (b) or (e) applies to the tenderer, the production of a recent extract from the "judicial record" or, failing this, of an equivalent recent document issued by a competent judicial or administrative authority in the country of origin or residence, showing that these requirements have been met. Where the country concerned does not issue documents or certificates of the kind required above, they may be replaced by a sworn, or failing this, a solemn statement, made by the interested party before a judicial or administrative authority, a notary or a qualified professional body in the country of origin or providence.



By returning this form duly signed, tenderers undertake to send to the Publications Office as swiftly as possible after receiving a request by the Publications Office to do so, any additional document the Publications Office considers necessary to perform its check.

2. Pursuant to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities, published in Official Journal No L 248 of 16 September 2002 , I declare on my honour that:

- neither the company or organisation that I represent nor any member of its staff or of its board or any of its directors is placed in a situation of conflict of interests for the purposes of this tendering procedure;

- I will inform the Commission, without delay, if any situation of conflict of interests or that may lead to a conflict of interests arises;

- I have not been guilty of misrepresentation in supplying the information required by the awarding authority as a condition of participation in the Contract procedure or failed to supply this information;

- the information given to the Commission for the purposes of this tendering procedure are accurate, honest and complete.

The Commission reserves the right to check this information. Done at ....................................................., on .................................................. Signature: Name of the signatory(ies) of this form (representative(s) legally authorised to represent the tenderer vis-à-vis third parties and acting on behalf of the aforementioned company or organisation) ……………………………………………………………………………………. Name of the company/organisation represented (if applicable): ………………………………………

Legal address: …………………………………………………………………………………………

Annex 6.7. Technical company form


ANNEX 6.7. TECHNICAL COMPANY FORM

3 In case of subcontracting or consortium, please specify company name. 4 As of 1st of January.

Tenderer3 : in his/her capacity as:

member of consortium (specify role ……………………………)

main Contractor

subcontractor Legal form of tenderer : Date of registration: Country of registration: Registration number: VAT number: Registered address of tenderer: Usual administrative address of tenderer: Contact person for this invitation to tender: Surname, forename, title (e.g. Mr, Mrs, Ms), function (e.g. manager), telephone number, fax number, address, e-mail. Structure of the company:4 Total permanent staff: 2006 2007 2008 Total permanent staff with legal training 2006 2007 2008 Staff turnover (in %) 2005 2006 2007

Annex 6.8. CV Form


ANNEX 6.8. CV

o Legal services providers and supervisory staff shall have a proven track record in the fields covered by the invitation to tender.

o As regards linguistic capabilities, each of the official languages of the European Union must be covered by at least two legal services providers. The legal services provider may cover more than one language and have excellent communication and drafting skills in English and/or French.

o The proposed persons shall start working for the tenderer on 01/01/2009 at the latest. If the proposed persons are to be employed in case of the Contract award, their written declaration shall be attached.

o The profile of legal services providers shall be as follows, and that of supervisory staff shall be the same mutatis mutandis.

Profile title: Legal Services Provider

Education Legal training (university level, evidenced by a degree).

Technical knowledge Familiarity with the problems involved in the consolidation, legislative consolidation and recasting of legislative texts. Thorough knowledge of Community law and policies, and of the problems associated with the transposition of that law in Member States. Knowledge of languages: EN and FR and at least one other official language of the European Union.

Abilities: To assess and comment on dossiers prepared for consolidation, legislative consolidation and recasting work. Verification of consistency/concordance of legal texts between at least two language versions. To put forward solutions to problems encountered. To use standard computer tools.

Experience At least one year’s professional experience. Experience of working with documentary systems in the legal field.

o Using the CV form below is mandatory only the CVs submitted on this form will be evaluated.

o Each CV shall consist of:

o one CV cover page;

o at least one CV education/knowledge/ability page;

o and at least one CV experience page.

o The CV should be a summary rather than a biography of an individual and must be in a format enabling a quick and accurate comparison with other CVs submitted. There should be no unaccounted chronological breaks.

o Each CV experience page contains data about the projects/activities the employee has participated in and about the hardware and/or software that he used in the context of these projects/activities.

Annex 6.8. CV Form


CV front page

CV No: Tenderer : Full name: Address/Tel.: Date of birth: Nationality: Type of contract: Tick the appropriate box:

Permanent

Temporary

Comments:

Number of months working for the tenderer:

…………………months

Highest relevant educational qualification:

Date legal career began (dd/mm/yy):

Working languages

Languages:

(indicate level of skill:

mother tongue,

fair,

good,

very good)

English: French: Language 3: Language 4: etc.

Spoken Written

Date available (dd/mm/yy):

Summary (use this area to briefly indicate the major facts the Publications Office should know about this employee):

Annex 6.8. CV Form


Education/knowledge/ability page

CV No: Tenderer : Full name:

QUALIFICATIONS

Degree / Diploma / Certificate:

Institution: Period (from/to - mm/yy):

1.

2.

3.

4.

5.

KNOWLEDGE/ABILITY

Level (basic/standard/expert)

1. Familiarity with the problems involved in the consolidation, legislative consolidation and recasting of legislative texts.

2. Proven track record in the management of a consultancy or legal services bureau.

3. Ability to lead a team

4. Ability to verify consistency / concordance between languages.

5. Ability to frame legislative texts.

6. Ability to use standard computer tools (Office 97).

7. Ability with other IT applications.

Annex 6.8. CV Form


Experience page (CV experience page number for this CV: ) CV No: Tenderer : Full name:

PROJECTS/ACTIVITIES EXPERIENCE

Form number: Project Name Period (from/to - mm/yy):

Short project description Employee’s Roles & Responsibilities in the project: Hardware, software, tools, methodologies used by the employee in the project:

Annex 6.9. CV Summary


ANNEX 6.9. CV SUMMARY

Ref no Name Working

language(s) Accepted / Refused

(reserved for the Publications Office)

Company: Date:

Name: Signature:

Annexes 6.10. – 6.14


Annex 6.10. LegisWrite guidelines Available only in electronic version - http://publications.europa.eu/tenders/our/index_en.htm

Annex 6.11. 1995L0012 Available only in electronic version- http://publications.europa.eu/tenders/our/index_en.htm

Annex 6.12. Workflow Available only in electronic version- http://publications.europa.eu/tenders/our/index_en.htm