/ EUROJUST
P.O. Box: 16183
2500 BD The Hague
THE NETHERLANDS

TENDER SPECIFICATIONS

2012/EJ/75

PROVISION OFOCCUPATIONAL HEALTH AND SAFETY SERVICES TO EUROJUST

Issued by

Eurojust

The Hague

The Netherlands

1

2012/EJ/75

/ EUROJUST
P.O. Box: 16183
2500 BD The Hague
THE NETHERLANDS

TABLE OF CONTENTS

TABLE OF CONTENTS

SECTION A - INTRODUCTION

A.1. WHAT IS EUROJUST?

A.2. WHAT IS PROCUREMENT?

A.3. IMPORTANT NOTE

SECTION B - SPECIFIC INFORMATION ON THIS PROCUREMENT PROCEDURE

B.1. SCOPE OF WORK

B.1.1. BACKGROUND INFORMATION......

B.1.2. REQUIREMENTS - LOT 1 Occupational health services

B.1.3. REQUIREMENTS - LOT 2 Occupational Health and Safety Risk Assessment

B.1.4. VARIANTS TO THE REQUIREMENTS......

B.1.5. DIVISION INTO LOTS......

B.2. CONTRACT

B.2.1. TYPE OF CONTRACT AND DURATION......

B.2.2. CONTRACT IMPLEMENTATION......

B.2.3. CONTRACT PRICES......

B.2.4 IMPORTANT NOTE......

B.3. YOUR TECHNICAL PROPOSAL

B.3.1. TECHNICAL PROPOSAL FORM (ANNEX C)......

B.3.2. HOW TO PREPARE YOUR TECHNICAL PROPOSAL?......

B.4. YOUR FINANCIAL PROPOSAL

B.4.1. PRICING FORM......

B.4.2. HOW TO PREPARE YOUR PRICING FORM?......

B.4.3. IMPORTANT NOTES......

B.5. TENDERER’S ELIGIBILITY AND CAPACITY: EXCLUSION AND SELECTION CRITERIA

B.5.1. ELIGIBILITY TO TENDER: EXCLUSION CRITERIA (for both lots)......

B.5.2. CAPACITY: SELECTION CRITERIA - LOT 1 Occupational health services

B.5.3. CAPACITY: SELECTION CRITERIA - LOT 2 Occupational Health and Safety Risk Assessment

B.5.4. IMPORTANT NOTE......

B.6. AWARD CRITERIA Lot 1 - Occupational health services

B.6.1. QUALITATIVE AWARD CRITERIA EVALUATION......

B.6.2. PRICE AWARD CRITERIA EVALUATION......

B.6.3. FINAL EVALUATION......

B.7. AWARD CRITERIA Lot 2 – Occupational Health and Safety Risk Assessment

B.7.1. QUALITATIVE AWARD CRITERIA EVALUATION......

B.7.2. PRICE AWARD CRITERIA EVALUATION......

B.7.3. FINAL EVALUATION......

B.8. TIMETABLE

SECTION C – INSTRUCTIONS ON HOW TO TENDER

C.1. CONTENTS OF YOUR TENDER

C.1.1. IMPORTANT NOTE......

C.2. LANGUAGE OF YOUR TENDER

C.3. HOW TO PACKAGE YOUR TENDER?

C.4. HOW TO DISPATCH YOUR TENDER?

C.4.1. IMPORTANT NOTE: PROOF OF DISPATCH......

C.5. CONTACTS BETWEEN EUROJUST AND TENDERERS

C.5.1. BEFORE THE DEADLINE FOR DISPATCHING TENDERS......

C.5.2. AFTER THE DEADLINE FOR DISPATCHING TENDERS......

C.5.3. SITE VISIT......

C.6. CAN A CONSORTIUM SUBMIT A TENDER? IS SUBCONTRACTING ALLOWED?

SECTION D – HOW WILL TENDERS BE EVALUATED?

D.1. PUBLIC OPENING SESSION

D.1.1. FORMAL OPENING REQUIREMENTS......

D.1.2. MODALITIES TO ATTEND THE PUBLIC OPENING SESSION......

D.2. TENDER EVALUATION SESSION

SECTION E – JOINT OFFERS SUBMITTED BY CONSORTIA AND SUBCONTRACTING: TERMS AND CONDITIONS

E.1. JOINT OFFERS SUBMITTED BY CONSORTIA

E.1.1. INTRODUCTION......

E.1.2. DOCUMENTATION / INFORMATION TO BE PROVIDED......

E.1.3. EVALUATION......

E.1.4. CONTRACT IMPLEMENTATION......

E.2. SUBCONTRACTING

E.2.1. INTRODUCTION......

E.2.2. DOCUMENTATION / INFORMATION TO BE PROVIDED......

E.2.3. EVALUATION......

E.2.4. CONTRACT IMPLEMENTATION......

SECTION F – SIGNATURE OF THE CONTRACT WITH THE SUCCESSFUL TENDERER: PROVISION OF DOCUMENTATION

F.1. Eligibility documentation (exclusion criteria)

F.1.1.IMPORTANT NOTICE: Eligibility documentation......

F.2. Capacity documentation (selection criteria)

F.3. Additional administrative documentation

Annexes:

Annex A - Declaration on Honour Template

Annex B.1 – Exclusion and selection criteria form Lot 1 - Occupational health services

Annex B.2 – Exclusion and selection criteria form Lot 2 - Occupational Health and Safety Risk Assessment

Annex C.1 - Technical Proposal Form - Lot 1 - Occupational health services

Annex C.2 - Technical Proposal Form - Lot 2 - Occupational Health and Safety Risk Assessment

Annex D.1 - Pricing Form Lot 1 - Occupational health services

Annex D.2 - Pricing Form Lot 2 - Occupational Health and Safety Risk Assessment

Annex E – Standard package of medical tests and exams for Pre-employment medical examination and Annual medical check-up

Annex F – Non-exclusive list of risk factors regarding Health and Safety risk assessment

Annex G – Tenderers’ Administrative Data Form

Annex H - Financial Capacity Form

Annex I –Financial Identification Form

Annex J – Legal Entities Form

Annex K - Statement on the Acceptance on Eurojust Model Contract

Annex L - Model Contract

Annex M - Model Letter of Intent for Subcontractor/s

Annex N 1 - Check list for tenderer Lot 1 - Occupational health services

Annex N 2 - Check list for tenderer Lot 2 - Occupational Health and Safety Risk Assessment

SECTION A - INTRODUCTION

A.1.WHAT IS EUROJUST?

Eurojust was established in 2002. Its mission is to support and strengthen coordination and cooperation between national authorities in fighting serious cross-border crime that affects the European Union.

Each of the 27 Member States seconds a senior representative to work at Eurojust in The Hague. These representatives are experienced prosecutors, judges or police officers of equivalent competence.

Between them, they carry out Eurojust’s mandate to coordinate national authorities at every stage of criminal investigation and prosecution. They also resolve the challenges and practical problems arising from the differences between the legal systems of the Member States.

National Members are supported by Deputies, Assistants and Seconded National Experts. Where Eurojust has a cooperation agreement with a third State, Liaison Magistrates from that third State may work at Eurojust. Currently, liaison Magistrates from Croatia, Norway and the USA are attached to Eurojust. Recent EU legislation also provides that Eurojust may post Liaison Magistrates to third States.

Eurojust is also home to the secretariats of the European Judicial Network, the Network of contact points for genocide, crimes against humanity and war crimes, and the Network for Joint Investigation Teams.

Eurojust deals with roughly 1400 cases per year. It also holds approximately 140 coordination meetings per year. These meetings bring together national judicial, investigatory and prosecuting authorities from Member States and, where appropriate, third States. At these meetings, casework issues are resolved and plans for operational actions such simultaneous arrests and searches are developed.

ORGANISATION AND STRUCTURE

The College is supported in its day-to-day activities by an administrative organisation composed of several units: Budget, Finance & Procurement, Corporate Services, Human Resources, Information Management, the Legal Service, the Case Analysis Unit, and the Secretariat of the European Judicial Network (EJN), the Joint Investigation Teams Network Secretariat (JITS) and the Genocide Network Secretariat. In addition, three dedicated services support the College: Data Protection, Press & PR, and the College Secretariat.

In the near future, Eurojust will continue to grow in terms of volume of activities, administrative functions and number of employees. The expected number of post-holders in Eurojust for 2012 will be approximately 250.

Further information on Eurojust’s activities is available on its website at the address

A.2. WHAT IS PROCUREMENT?

Procurement covers public contracts as well as procurement procedures. Public contracts are defined as purchases by a public authority of a service, goods or works. A procurement procedure is the structured way that leads to the conclusion of a public contract.

The purpose is:

(i)to guarantee the widest possible participationof economic operators (referred to as“tenderers”),

(ii)to ensure the transparency of operations, and

(iii)to obtain the desired quality of services, supplies and works at the best possible price.

Offers submitted in the context of a procurement procedure are designated “tenders”. An economic operator who has submitted a tender is designated as “tenderer”.

Eurojust complies with the Financial Regulations applicable to the general budget of the European Communities (Council Regulation 1605/2002) andtheirImplementing Rules (Commission Regulation 2342/2002). Please note that the Financial Regulations and their Implementing Rules took over the provisions of the Directive 2004/18/EC.

A.3. IMPORTANT NOTE

  • Confidentiality

The tenderer - whether or not its tender is accepted - and all other recipients of the documents composing these Tender Specifications - whether or not they submit a tender - shall treat the details of these documents as private and confidential and shall not disclose the details to any party.

All documents submitted by the tenderer shall automatically become the property of Eurojust and are deemed confidential.

  • Protection of personal data

Personal data are processed in accordance with the requirements of the rules of procedure on the processing and protection of personal data at Eurojust, as published in OJ No C 68 of 19.3.2005, p. 1. (available on Eurojust website, at the address

  • Central Exclusion Database(CED):

The tenderers should be aware that the Central Exclusion Database will be consulted. The tenderers and, if they are legal entities, persons who have powers of representation, decision making or control over them, are informed that, should they be in one of the situations mentioned in:

- the Commission Regulation of 17.12.2008 on the Central Exclusion Database- CED (OJ L, 344, 20.12.2008, p. 12),

their personal details (name, given name if natural person, address, legal form and name and given name of the persons with powers of representation, decision-making or control, if legal person) may be registered in the CED, and communicated to the persons and entities listed in the above-mentioned Regulation, in relation to the award or execution of a procurement contract or grant agreement or decision.

  • Disclaimer

Eurojust reserves the right to accept or reject any tender and to annul the process and reject all tenders at any time prior to the contract signature, without thereby incurring any liability to the affected economic operators.

Eurojust will not be responsible for, or pay for, expenses or losses that may be incurred by the tenderer in the preparation of its tender and/or during the tender evaluation period.

Where these Tender Specifications refer to ‘tenderer’ it shall be considered as ‘contractor’ after signature of the contracts.

1

2012/EJ/75

/ EUROJUST
P.O. Box: 16183
2500 BD The Hague
THE NETHERLANDS

SECTION B - SPECIFIC INFORMATION ON THIS PROCUREMENT PROCEDURE

B.1. SCOPE OF WORK

The scope of this procurement procedure is the Provision of occupational health and safety services to Eurojust, as described in theseTender Specifications.

The tender shall be required to provide services for one or both of the following lots:

Lot 1 - Occupational health services

  1. Pre-employment medical examination of successful candidates
  2. Annual medical check-up of Eurojust staff members
  3. Medical examination of Eurojust staff members at the request of Eurojust and related medical advice
  4. Sick leave registration, medical certificates, follow-up, consultation, analysis and statistics
  5. Mental Health services
  6. Ergonomics
  7. Administrative requirements
  8. Extra services
  9. Optional services (if applicable)

Lot 2 – Occupational Health and Safety Risk Assessment

  1. Occupational Health and Safety Risk Assessment
  2. Administrative requirements
  3. Optional services (if applicable)

B.1.1. BACKGROUND INFORMATION

Like the majority of European and international organizations today, Eurojust’s tasksare primarily consultative and administrative.

The staff and national members of Eurojust are primarily administrators. Their working activity is related with an office environment and theirdaily tools are the telephone, the computer.In compliance with the Staff Regulations of Officials of the European Communities(“Staff Regulations”) and with the Conditions of Employment of other Servants of theEuropean Communities (“CEOS”), Eurojust checks that its staff is physically and mentally fit toaccomplish its tasks, and it accords to its staff working conditions complying withappropriate health and safety standards.

Eurojust is therefore launching a procurement procedure to award a contract for theprovision of occupational health and safety services, in order toachieve its health and safety purposes in this field and being compliant with the 89/391 CouncilDirective[1]. It is expected that Lot 1 - Occupational health services will be carried out in The Hague, or bordering municipalities (randgemeenten) in the Netherlands.

Eurojust Premises

Eurojust premisesare located in two different sites, at Maanweg 174 2516 AB (The Arc building) and at Saturnusstrat 9 2516 AD (the HV1 building),shared with the International Criminal Court (ICC). Eurojust covers an area of13.586 gross m² in the two premises, occupying in the Arc building 7.730 gross m², and in the HV1 building 5.856 gross m².

The Arc building is a 12 levels building and HV1 is an 8 level building.They are both hosting a wide range of activities such as offices,technical rooms and deposits.

Offices: For this tender Eurojust considers as offices:translation booths, training rooms, library, photocopy rooms, non-technical rooms, canteen, receptions, conference rooms, meeting rooms, office rooms,etc.

Warehouses and storage depots:storage facilities, warehouses, technical areas waste storage areas are located in the basement. Archive and some other storage areas are located at the ground floor.

Technical equipment:For this tender Eurojust considers technical equipment to be:lifting devices, electrical rooms, gases rooms, kitchens, laundries, technical facilities, boiler rooms, service rooms, refrigeration, generator rooms, restricted access areas, technical service rooms, transformer rooms, workshops, computer rooms, inergen bottles, diesel tanks, air conditioning stations, cooling towers, various facilities, etc.

Other areas’ premises; Accesses to technical areas, entrances, rooms, corridors, showers, wardrobes, changing rooms, entrance halls, technical halls, bathrooms, stairwells, basements, emergency exits, etc.

Open areas:For this tender Eurojust considers open areas to be pathways, roads, external spaces and areas.

Eurojust population

The total number of Eurojust work stations at the Arc building and at the HV1 building is 300-400.

Eurojust receives visitors (up to 150 per day, 7.000 annually)and external contractors(approximately 100 per day) in the fields of security, IT operations, building maintenance, cleaning, food supply etc.

Other occupants of the buildings: ICC shares with Eurojust spaces such as restaurant, entrances, basements and installations. In the Arc building, ICC employees are located in separated buildings from Eurojust (they have 800 work stations). Meanwhile in the HV1 building, ICC employees share the same building with Eurojust (they have 600 work stations). The gross square meters occupied by ICC are 26.200 in the Arc and 13.660 in the HV1 building.

B.1.2. REQUIREMENTS- LOT 1 Occupational health services

B.1.2.1. CORE SERVICES LOT 1 OCCUPATIONAL HEALTH SERVICES TO BE PROVIDED AND THEIR REQUIREMENTS

The tenderer shall be required to provide the following core services:

a)Pre-employment medical examination of Successful candidates

b)Annual medical check-up of Eurojust staff members

c)Medical examination of Eurojust staff members at the request of Eurojust and related medical advice

  1. Medical examination
  2. Medical advice

d)Sick leave registration, medical certificates, follow-up, consultation, analysis and statistics

  1. Sick leave registration
  2. Questionnaire
  3. Sick leave follow-up
  4. Medical certificates
  5. Sick leave analysis and statistics

e)Mental Health services

f)Ergonomics

g)Administrative requirements

h)Extra services: Flu vaccinations

i)Optional services (if applicable)

The provision of the above listed core services is a minimum requirement.

N.B. Eurojust will, in order to make it easier for the tenderer, use the collective term “sick leave” for all different forms of absences as a result of sickness or accident.

B.1.2.1.a. Pre-employment medical examination of Successful candidates

The tenderer shall be required to organise and perform Pre-employment medical examination of Eurojust staff (Temporary Agents and Contract Agents), based on a standard package of medical tests and exams, as listed in Part I of Annex E – Standard package of medical tests and exams for Pre-employment medical examination and Annual medical check-up

Included in the cost of one Pre-employment medical examination, the tenderer shall be required to carry out the following minimum tasks:

  • carry out the necessary medical tests and exams requested by Eurojust for the successful candidate, as listed in Part I of Annex E;
  • analyse the medical results;
  • assess whether the successful candidate is physically fit to perform the duties pertaining to his/her job;
  • provide Eurojust with a certificate stating whether the candidate is physically fit for performing the envisaged duties;
  • Provide the concerned successful candidate with a copy of the above-mentioned certificate and with his/her detailed test results;
  • carry out a minimum 45 minutes individual work place visits and ergonomic session as described in B.1.2.1.f. with the Successful candidate, within 3 months after the candidate has taken up his/her duties at Eurojust.

Administrative requirements

The tenderer shall be able to arrange the pre-employment medical examination within 10 working days from the date of reception of Eurojust’s request. Maximum 10 working days from the day of the visit the tenderer shall forward the certificate to Eurojust and a copy of the certificate - together with the test results - to the concerned Successful candidate. The tenderer will include in the annual report (as mentioned in Section B.1.2.1.d.V) an overview of the total number of pre employment medical examination and related workplace visits.

Statistics of use in the past and projection for the upcoming contract period

Based on experience and statistical figures and without commitment of any kind, Eurojust estimates that natural turn-over and growth of the organisation will produce an approximate number of needed pre-employment medical examinations to about 35 per year.

N.B. Even though the pre-employment medical examination is mandatory for successful candidate he/she always has the option of having the pre-employment medical examination done with any provider of his/her choice (e.g. in his/her home country or country of residence).

B.1.2.1.b. Annual medical check-up of Eurojust staff members

The tenderer shall be required to organise and perform annual medical check-up of Eurojust staff (Temporary Agents and Contract Agents), based on a standard package of medical tests and exams, as listed in Part II of Annex E – Standard package of medical tests and exams for Pre-employment medical examination and Annual medical check-up

The tenderer is required to carry out the following minimum tasks:

  • Include minimum one meeting per year with Eurojust for discussing how to organize and carry out the annual medical check up;
  • Organize and invite all Eurojust staff annually to an annual medical check up and follow up on attendance;
  • After making the appointments, carry out the medical check-up with the Eurojust staff member at the tenderers premises;
  • carry out the medical tests and exams requested by Eurojust for the staff member, as listed in Part 2 of Annex E;
  • analyse the medical results;
  • on the basis of the medical analysis, if duly justified, prescribe complementary medical tests or exams (not included in the cost for one Annual medical check-up as all complementary actions are outside of the scope of this contract);
  • provide Eurojust with a certificate stating whether the staff member is physically fit for performing his/her duties;
  • Provide the Eurojust staff member with a copy of the above-mentioned certificate and with his/her detailed test results.

Administrative requirements