GENERAL INVITATION TO TENDER
10106
European Court Reports
SPECIFICATIONS
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/ 104Invitation to Tender No 10106 "European Court Reports"
Table of contents
TABLE OF CONTENTS
1.Preliminary information concerning the Invitation to Tender
1.1.Presentation of the Office for Official Publications and of the Court of Justice of the European Communities
1.2.Nature of the Contract......
1.3.Subject and background of the Contract......
1.4.Starting date of the contract and duration of the work/contract......
1.5.Price......
1.6.Methods of payment......
1.7.Financial guarantees......
1.8.Place of performance......
1.9.General terms and conditions for the submission of tenders......
1.10.Period of validity of the tender......
1.11.Site visit......
1.12.Date and place of opening of the tenders......
2.Presentation and content of tenders
2.1.Assessment of the tender and award of the Contract......
2.2.Form and content of tenders......
2.3.Section One: Administrative information......
2.4.Section Two: Exclusion criteria......
2.4.1.Documents to be provided concerning the exclusion criteria......
2.4.2.Grounds for disqualification......
2.4.3.Administrative and financial penalties......
2.5.Section Three: Selection criteria......
2.5.1.Financial and economic capacity of the tenderer......
2.5.1.1.Documents to be provided concerning financial and economic capacity......
2.5.1.2.Assessment of financial and economic capacity......
2.5.2.Technical and professional capacity of the tenderer......
2.5.2.1.Documents to be provided concerning technical and professional capacity......
2.5.2.2.Assessment of technical and professional capacity......
2.6.Section Four: Award criteria - technical bid......
2.6.1.Documents to be provided with regard to the technical award criteria......
2.6.2.Evaluation of the technical award criteria......
2.7.Section Five: Award criteria – Financial bid......
2.7.1.Documents relating to the award criteria......
2.7.2.Evaluation of the financial award criteria......
2.8.Final assessment......
2.9.Information for tenderers......
2.10.Award of the contract......
3.Joint bids and subcontracting
3.1.Tenders submitted in association with other companies......
3.1.1.Joint bid......
3.1.2.Subcontracting......
3.2.Documents to be submitted - Joint bid......
3.3.Documents to be submitted - Subcontracting......
3.4.Evaluation of joint bids or bids including subcontracting......
3.4.1.Exclusion criteria......
3.4.2.Selection criteria......
3.4.3.Award criteria......
4.Technical specifications
4.1.Subject of the contract......
4.2.Characteristics of publications......
4.2.1.General presentation of publication......
4.2.2.Frequency......
4.2.3.Number of pages......
4.2.4.Language versions......
4.2.5.Paper version......
4.2.5.1.Format......
4.2.5.2.Printing......
4.2.6.Electronic versions......
4.2.7.Presentation (see model brochure in Annex 9)......
4.2.7.1.Printed area......
4.2.7.2.Type......
4.3.Work to be carried out......
4.3.1.General......
4.3.2.Source manuscripts......
4.3.3.Reprinting (lot 2)......
4.3.4.Production management......
4.3.5.Contingency plan......
4.3.6.Pre-press......
4.3.6.1.Reception of the file (PC11401, PC11402, PC11403)......
4.3.6.2.Prior reading and concordance (finalisation of the manuscript) (lot 1)......
4.3.6.3.Input of manuscript (lot 1) (PC11151, PC11152, PC11153)......
4.3.6.4.XML preparation and structuring (lot 1) (PC95006)......
4.3.6.5.Composition and page layout (lot 1) (PC11151, PC11152, PC11153)......
4.3.6.6.Identical layout (lot 1) (PC 11151, PC11152, PC11153)......
4.3.6.7.Production and proofreading (lot 1) (PC30013, PC30014)......
4.3.6.8.Author’s corrections (lot 1) (PC22503)......
4.3.6.9.“Passed for press” check......
4.3.7.Printing, finishing and packaging......
4.3.7.1.Inside pages (PL90001, PL90010)......
4.3.7.2.Cover (PL90002)......
4.3.7.3.Binder (PL90003)......
4.3.7.4.Interleaves (PL90004)......
4.3.7.5.Paper (PR34201, PR33104, PR33105, PR33106, PR33107)
4.3.7.6.Finishing and packaging (PH00003, PH00004, PN63001, PN63002, PN63003, PN 63004, PN63005)......
4.3.8.Packaging (PQ10001, PQ10002)......
4.4.List of deliverables......
4.4.1.Intermediate deliverables (lot 1)......
4.4.1.1.Deliverables on paper......
4.4.1.2.Deliverables in electronic format......
4.4.2.Final deliverables......
4.4.2.1.Deliverables on paper (PX10002)......
4.4.2.2.Deliverables in electronic format (PC95004, PC95005, PC95006, PC95007)......
4.5.Delivery periods......
4.6.Planned and foreseeable developments for the duration of the contract......
5ANNEXES
2AFinancial identification form
2BLegal entity form
2CAgreement /power of attorney
2DSpecimen financial guarantee
3Form for Identification of the tenderer
4Questionnaire for joint bids and subcontracting
5List of documents to be provided
6Declaration on the grounds for exclusion
7Technical questionnaire (to be completed)
8Questionnaire on the technical award criteria (to be completed)
9. Specimen brochure
10Technical specifications for the supply of PDF files optimised for pre-press
11Technical specifications of the XML schema
12Naming convention and descriptive data
13Structure of XML files for the production of web files
14Structure of XML pre-notices for the production of PDF web files
15Technical specifications for the supply of Formex type XML files
16Cover page Photographs
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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 Office for Official Publications and of the Court of Justice of the European Communities
Publishing house of the European Institutions
The Office for Official Publications of the European Communities (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 way the Publications Office (hereinafter referred to as "the Office") is organised and operates is laid down by Decision 2000/459/EC, ECSC, Euratom (Official Journal of the European Communities, L 183, 22.7.2000, p. 12). It is managed by a Management Committee in which each institution is represented by its Secretary-General. The Office is administratively attached to the European Commission. More information can be found on the Publications Office website:
As a publisher, the Publications Office has a duty to offer the highest-quality service to its customers – the originating departments of the institutions and other bodies of the European Union – and to its public – the people of the European Union and those throughout the world who are interested in European affairs. In the field of new technologies, the Publications Office must place itself in the forefront of the publishing profession.
In this context, the Office is managing this invitation to tender, aimed at drawing up contracts for signature by the European Court of Justice for the production of publications relating to its case law.
The Court of Justice of the European Communities
The task of the Court of Justice is to ensure respect for the law in the interpretation and application of the Treaties establishing the European Communities and of the provisions laid down by the competent Community institutions. To enable it to carry out that task, the Court has wide jurisdiction to hear various types of action and to give preliminary rulings.
Attached to a Community institution, namely the Court of Justice, the Court of First Instance is an independent court.
The Court is the judicial body at first instance of the European Communities. Since 1994 it has dealt, irrespective of the matter concerned, with all actions brought by individuals and undertakings against measures by the Community institutions which are addressed to them or which are of direct and individual concern to them.
The Civil Service Tribunal consists of seven judges, appointed for a renewable period of six years by the Council following a call for applications and the opinion of a committee consisting of seven persons chosen from among former members of the Court of Justice and the Court of First Instance and lawyers of recognised competence.
When appointing judges, the Council ensures a balanced composition of the Civil Service Tribunal on as wide a geographical basis as possible from among nationals of the Member States and with regard to the national legal systems represented.
The Civil Service Tribunal has its own registry, but relies on the departments of the Court of Justice for its other administrative and linguistic needs.
The Civil Service Tribunal specialises, within the judicial institution of the Community, in disputes concerning the European Union public service; this competence was previously exercised by the Court of Justice and then, following its creation in 1989, by the Court of First Instance.
Useful addresses:
Publications Office website /EU Bookshop: the Union’s online bookshop /
EUROVOC: Multilingual thesaurus /
CORDIS: Community Research and Development Information Service /
Eur-Lex: Portal for accessing EU law /
IDEA: Directory of the European Institutions /
TED: Supplement to the Official Journal of the European Union /
SIMAP: Information portal on European public contracts /
DG MARKT: Site of the Internal Market DG /
The Court's website /
Other useful links /
1.2. Nature of the Contract
The contract is a “cascade” framework service contract to be signed by the Court of Justice, entitled: Court Reports of the Court of Justice and of the Court of First Instance and European Court Reports – Staff Cases.
As exact implementing conditions, quantities and/or delivery times cannot be indicated in advance, the Court of Justice intends to conclude a “cascade” framework contract with, if possible, three service providers, which will establish the basic terms for a series of specific contracts to be concluded over its duration. Framework contracts do not place the Court of Justice under any direct obligation; only their implementation through a specific contract and/or order is binding on the Court.
The maximum duration of the contract is 49 months, with a start-up phase of up to one month. Please see point 1.3 with regard to the duration of the contract relating to lot 2.
The estimated amount of the contract over its maximum duration (4 years) is € 3 000 000 for lot 1 and € 400 000 for lot 2.
1.3. Subject and background of the Contract
The subject of the invitation to tender is the production of publications entitled "Court Reports of the Court of Justice and of the Court of First Instance" and "European Court Reports – Staff Cases".
The invitation to tender comprises two lots:
Lot 1: Production and printing of
Court Reports of the Court of Justice and of the Court of First Instance
European Court Reports – Staff Cases
from structured electronic files (XML).
Lot 2: Production and printing of
European Court Reports – Staff Cases and reprinting of the Court Reports of the Court of Justice and of the Court of First Instance
from "camera-ready" files or PDF files.
"European Court Reports – Staff Cases" is currently produced from "camera-ready" files. At a later stage it is intended that publication will also be based on XML electronic files. Work on this publication will then come under lot 1 and the contracts relating to lot 2 will cease.
It is currently intended that "European Court Reports – Staff Cases" will be produced on the basis of XML files by the beginning of 2011 at the latest.
The work to be carried out is set out in point 4 (technical specifications).
Tenderers may bid for one or both lots.
1.4. Starting date of the contract and duration of the work/contract
The contract is expected to be signed in November 2008.
Performance of the work may not be started before the contract has been signed. The period for completing the work may be extended only with the written agreement of the contracting parties, before the end of the period originally stated in the contract.
The Contract shall enter into force on the date on which it is signed by the Court of Justice. The initial duration of the contract will be one (1) year.
The contract may be renewed automatically no more than three (3) times under the same conditions, for a maximum of one (1) year, unless written notification to the contrary is sent by one of the contracting parties and received by the other at least three (3) months before expiry of the contract. Renewal does not imply any modification or deferment of existing obligations.
The contract for lot 2 may be terminated by the Court of Justice with 6 months' prior notice when changing the procedure for producing "European Court Reports – Staff Cases" (see point 1.3.)
1.5. Price
Prices must be all-inclusive and expressed in euros. 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 can only be revised in accordance with Article I.3 of the contract. Please note that the price revision is conditional on a request which must be submitted at the latest three months before the anniversary date of the entry into force of the contract. If the request is justified and timely, the revised prices will enter into force on the anniversary of the entry into force of the Contract. The revision of prices will be calculated to the same number of decimal places as stipulated in the initial price schedule, and the revised prices are also to have the same number of decimal places (see point 2.7.1).
For details of how to submit the financial bid in the price schedule and the specimen quotation, see point 2.7.1 and Annex 1.
1.6. Methods of payment
Payments will be made in accordance with Article 1.5 of the draft contract.
1.7. Financial guarantees
The first Contractor will be required to provide a performance guarantee in accordance with Article I.5.3 of the draft contract before the Contract is signed by the Publications Office. The other contractors will be required to provide a performance guarantee only before they receive an order. The guarantee must comply with the model in Annex 2D.
1.8. Place of performance
The place of performance of the tasks will be the Contractor’s premises or any other place indicated in the tender, with the exception of the premises of the Publications Office. However, meetings between the successful tenderer and the Publications Office may be held on the premises either of the latter or of the Court of Justice.
1.9. General terms and conditions for the submission of tenders
Participation in this invitation to tender 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 Communities in the field of public procurement on the conditions laid down in that agreement.
Submission of a tender implies acceptance of the terms specified in this invitation to tender, in the tender specifications (including the various annexes) and in the draft contract; if necessary the tenderer waives his own standard or specific terms and conditions. It is binding on the tenderer to whom the contract is awarded for the duration of the contract.
Once the Publications Office has accepted the tender it will become the property of the Publications Office, which will treat it confidentially.
The Publications Office will 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 tender must remain valid for a period of nine (9) months following the final date for submission of tenders (see invitation letter). During this period, tenderers must maintain all the conditions of their bids.
1.11. Site visit
Not applicable.
1.12. Date and place of opening of the tenders
Tenders will be opened at 10.00 a.m. on 22/09/2008 at the following location:
Address of the Publications Office:
Publications Office
2, rue Mercier
L-2985 Luxembourg
One 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 tenders on the tenderer’s behalf.
Fax: (352) 2929-42672
E-mail:
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2. Presentation and content of tenders
2. Presentation and content of tenders
2.1. Assessment of the tender and award of the Contract
Tenderers and bids will be assessed in three stages:
The aim of each respective stage is:
to check, in the first stage (exclusion criteria), whether tenderers can take part in the tendering procedure and, potentially, 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 result in the award of the Contract.
The assessment will be based on each tenderer’s bid. With regard to the exclusion and selection criteria, 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.
Please be aware that, with regard to the award criteria, the Publications Office can enter into contact with a tenderer only where a tender gives rise to a request for clarification or in order to correct an obvious clerical error. Such contact may only serve to clarify points already present in the tender and may not lead to any modification of the terms of the tender.
Only tenders meeting the requirements of each stage will pass on to the next stage of the assessment.
2.2. Form and content of tenders
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 completed list indicating where to find the required documents (Annex 5). If the tender is divided into different files, it is advisable to prepare a table of contents for 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.
The letter of invitation includes the information on the conditions which must be fulfilled, and the rules for submitting tenders.
Please note that the tender must 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 or persons with 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 described in point 2.4.
The same rule applies to the person(s) designated to sign the Contract.
Structure of the tender
All tenders must be presented in the following five sections:
Section One: Administrative information
Section Two: Exclusion criteria
Section Three: Selection criteria
Section Four: Award criteria - technical bid
Section Five: Award criteria – financial bid
Sections one to four, on the one hand, and section five, on the other, 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 bid” and “financial bid”).