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Before signature, the standard contract may be subject to changes due to the modifications of the Financial Regulation and its Rules of application applicable as from 1 January 2013. A modified version will be made available to tenderers as soon as possible.

DIRECTORATE-GENERAL FOR PERSONNEL

Directorate C

SPECIFICATIONS

INVITATION TO TENDER

Reference PE PERS 2012 056

Open procedure Title:

Supply of

medicinal and pharmaceutical products

medical products, equipment and consumables

hygiene and disinfectant products

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CONTENTS

1. INTRODUCTION ................................................................................................................ 3

2. SUBJECT OF THE CONTRACT............................................................................................ 3

3. DESCRIPTION, PURPOSE AND ESTIMATED VALUE OF THE CONTRACT .................................. 4

4. CONSORTIUMS ................................................................................................................ 5

5. SUBCONTRACTING........................................................................................................... 6

6. VARIANTS ....................................................................................................................... 6

7. PRICES ........................................................................................................................... 6

8. FINANCIAL GUARANTEES ................................................................................................. 7

9. ENVIRONMENTAL ASPECTS .............................................................................................. 7

10. POLICY ON THE PROMOTION OF EQUAL OPPORTUNITIES .................................................... 7

11. PERFORMANCE OF FRAMEWORK CONTRACTS................................................................... 7

12. EXCLUSION CRITERIA....................................................................................................... 8 12.1 Evaluation of the exclusion criteria ..................................................................................................................8

13. SELECTION CRITERIA ....................................................................................................... 9 13.1 Proof of status and legal capacity....................................................................................................................9 13.2 Financial and economic capacity.....................................................................................................................9 13.3 Technical and professional capacity .............................................................................................................. 10

14. AWARD CRITERIA .......................................................................................................... 12 14.1 Contract award methodology ........................................................................................................................ 12 14.2 Conformity of the products offered ................................................................................................................ 12 14.3 Elements to be provided to submit a financial tender ....................................................................................... 13 14.4 Information on price declaration when opening tenders ................................................................................... 13

15. ANNEXES ...................................................................................................................... 13 Annex I – Information document .................................................................................................................................14 Annex II – Supplier’s financial data sheet to be completed (only for the main representative in the case of a consortium) ......15 Annex III – Declaration on the tenderer’s honour concerning the exclusion criteria and absence of conflicts of interest ........ 16 Annex IV – Information sheet concerning consortiums of economic operators (if applicable) ............................................. 17 Annex V - Declaration concerning subcontractors (if applicable)..................................................................................... 18 Annex VI – Financial data sheet...................................................................................................................................19 Annex VII – List of the main supplies provided over the last three years........................................................................... 20 Annex VIII – The European Parliament’s Environmental Policy (EMAS) ............................................................................ 21 Annex IX – Declaration on the tenderer’s honour relating to the conformity of the products ............................................... 24 Annex X – Price Schedules (see Excel files attached hereto) .......................................................................................... 25 Annex XI – Label to be affixed to the outer and inner envelopes when a tender is sent....................................................... 26

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1. INTRODUCTION

These specifications are an integral part of the documents drawn up for the invitation to tender for the contract referred to. The documents relating to the invitation to tender comprise:

- a letter of invitation to tender; - conditions for submitting a tender; - specifications and the annexes thereto; - and a model contract and the annexes thereto.

These specifications are supplemented by the following annexes, which are an integral part thereof: - Annex I − Information sheet - Annex II – Supplier’s financial data sheet to be completed (only for the main representative in the case of a

consortium) - Annex III – Declaration on the tenderer’s honour concerning the exclusion criteria and absence of conflicts

of interest - Annex IV – Information sheet concerning consortiums of economic operators (if applicable) - Annex V – Financial data sheet - Annex VI – List of the main supplies provided over the last three years - Annex VII – The European Parliament’s Environmental Policy (EMAS) - Annex VIII – Declaration on the tenderer’s honour relating to the conformity of the products - Annex IX – Description of requirements/Price schedule - Annex X – Label to be affixed to the outer and inner envelopes when a tender is sent

PART I – GENERAL INFORMATION

2. SUBJECT OF THE CONTRACT

In accordance with the provisions of Council Regulation (EC, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the Financial Regulation applicable to the general budget of the Union, the European Parliament has decided to issue this invitation to tender for the acquisition of the products described below.

Definition of lots For the medical practice and the crèches of the European Parliament in Luxembourg

- Lot 1: medicinal and parapharmaceutical products - Lot 2: medical products, equipment and consumables

For the medical practice and the crèche of the European Parliament in Brussels - Lot 3: medicinal and parapharmaceutical products - Lot 4: medical products, equipment and consumables

For the medical practice and the family room of the European Parliament in Strasbourg - Lot 5: medicinal and parapharmaceutical products - Lot 6: medical products, equipment and consumables

For the medical practices in Luxembourg/Brussels/Strasbourg, the crèches of the European Parliament in Luxembourg and the family room in Strasbourg

- Lot 7: hygiene and disinfectant products This invitation to tender was the subject of contract notice No 2013/S 032-049549

published in Official Journal of the European Union on 02/14/2013.

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3. DESCRIPTION, PURPOSE AND ESTIMATED VALUE OF THE CONTRACT

The total duration of the contract shall be four years. Performance of the contract shall not begin until the framework contract has been signed. Any renewal of the contract shall take place in accordance with the terms laid down in the contract. The contract is divided into seven lots. Tenderers may submit a tender for one or more lots. The lots are independent of each other and may be awarded to different tenderers. The European Parliament reserves the right to award only one lot or some of the total number of lots envisaged. The functioning of framework contracts is described in chapter 11. For each lot, the list of products is included in Annex X – Description of requirements/Price schedule. This list reiterates the main supplies. The Contractor shall deliver the supplies with postage and packaging paid within a maximum time limit of 72 hours (not including Saturday and Sunday) to be counted from receipt of the order, in the following countries – towns – addresses, depending on the lot for which he tenders:

Contact details for the services covered by the lots 1/2/7: Delivery to the Grand Duchy of Luxembourg – Luxembourg

European Parliament Directorate-General for Personnel Directorate C Luxembourg Medical Service KAD Building / Office 00E831 L-2929 Luxembourg Head of Unit – Medical officer: Sandro COLANTONIO Tel: 00352 4300 22590 Fax: 00352 4300 24719 LMedical@ep.europa.eu

************************** European Parliament Directorate-General for Personnel Directorate C CPE II Crèche 3, rue Albert BORSCHETTE L-2929 Luxembourg Tel: 00352 4300 25410 Fax: 00352 4300 25428 christine.carlsson-aubry@ep.europa.eu

Contact details for the services covered by the lots 3/4/7 : Delivery to Belgium – Brussels

European Parliament Directorate-General for Personnel Directorate C Brussels Medical Service ASP Building, Office ASP 02F252 Rue Wiertz, 60 B-1047 Brussels Head of Unit – Medical officer: Giampiero DI PAOLANTONIO Tel: 0032 4300 42123 Fax: 0032 4300 49000

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BMedical@ep.europa.eu Contact details for the services covered by the lots

5/6/7: Delivery to France – Strasbourg European Parliament Directorate-General for Personnel Directorate C Strasbourg Medical Service LOW Building, Tower Office – 1/1145 F-67000 Strasbourg Head of unit – Doctor Giampiero DI PAOLANTONIO Tel: 0032 4300 42123 Fax: 0032 4300 49000 BMedical@ep.europa.eu

4. CONSORTIUMS

Consortiums of economic operators may submit a tender. The European Parliament reserves the right to require the consortium selected to have a given legal form if this is necessary for the proper performance of the contract. This requirement may be communicated by the European Parliament at any time during the contract award procedure, but at all events before the contract is signed. The consortium of economic operators shall provide proof of its legal form by the time the contract – if awarded to it – is signed. This may take one of the following forms: - an entity with legal personality recognised by a Member State; - an entity without legal personality but offering sufficient protection of the European Parliament's contractual

interests (depending on the Member State concerned, this may be, for example, a consortium or a temporary partnership);

- the signature by all the partners of a type of ‘power of attorney’ or equivalent document confirming a form of cooperation.

The consortium’s actual status shall be established by any document or agreement signed by the members of the consortium, which shall be appended to the tender. Those documents or agreements may exceptionally be modified and/or submitted after the time limit for submission of a tender, but under no circumstances after the outcome of the invitation to tender has been communicated to the tenderers concerned. The European Parliament reserves the right to reject a tender if the terms of agreements between the members of a consortium are modified during the procedure, if those terms make no provision for the joint and several liability of the consortium's members or if no agreement with legal force has been submitted with the tender. The European Parliament may accept other legal forms not referred to above, provided that they ensure the parties’ joint and several liability and are compatible with performance of the contract. At all events, it should be noted that, in the contract to be signed with the consortium, the European Parliament will refer expressly to the existence of such joint and several liability. In addition, it reserves the right to require, contractually, the appointment of an authorised representative who may represent the members and who is empowered, inter alia, to issue invoices on behalf of the other members. Tenders from consortiums of economic operators must specify the role, qualifications and experience of each of the members of the consortium. The tender shall be submitted jointly by the economic operators, who shall also assume joint and several liability for the tender submission. In the case of a consortium of economic operators, each member shall furnish proof of right of access to the contract (eligibility), as well as proof concerning compliance with the exclusion and selection criteria. With regard to the selection criteria, the European Parliament may rely on the capacity of the other members of the consortium in order to establish whether the tenderer will have the resources needed to perform the contract. In this case an undertaking shall be required from those members stating that they will make available to the other members the resources needed to perform the contract.

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5. SUBCONTRACTING

Subcontracting is permitted. The tender shall give details, as far as possible, of that part of the contract which the tenderer proposes to subcontract and the identity of the subcontractors. During the contract award procedure or performance of the contract the European Parliament reserves the right to require tenderers to supply information about the financial, economic, technical and professional resources of the proposed subcontractor(s). Similarly, the European Parliament will demand the requisite proof to establish whether the subcontractors comply with the requisite exclusion criteria. Tenderers are hereby informed that proposed subcontractors may not be in one of the situations described in Articles 106, 107 and 108 of the Financial Regulation, which entail exclusion from participation in a contract issued by the European Communities. The European Parliament is entitled to reject any subcontractor who does not comply with the exclusion and/or selection criteria (see points 12 and 13 respectively). Furthermore, the European Parliament must be informed by the Contractor of any subsequent use of subcontracting not provided for in the tender. The authorising officer responsible reserves the right to accept or reject the proposed subcontractor. In order to do so he will demand the requisite proof to establish whether the subcontractor(s) complies/comply with the requisite criteria. The European Parliament’s authorisation will always be granted in writing. If the contract is awarded to a tenderer who proposes a subcontractor in his tender, this equates to giving consent for the subcontracting.

6. VARIANTS

Variants are not permitted.

7. PRICES

The prices shall be established on the basis of: - the official unit price in force for the packaging proposed, relating to the lot(s) concerned; - the rate of VAT to be subtracted, where applicable; - discounts granted under the contract, applicable to the range of products concerned.

The prices shall follow changes in the official prices quoted by the Contractor. Any change in the Contractor’s prices may be applicable insofar as supporting documentation relating to this official change shall be notified to the European Parliament at least 15 days before the end of the current month. This notification shall indicate the product(s) or the family or families of products affected by the change. The change in prices shall apply only to orders made from the beginning of the month following receipt of a notification transmitted within the time limits. The European Parliament reserves the right to postpone for one month/to reject the application of the new prices if the supporting documentation: - has not been submitted on time; - is not relevant to the issue.

Pursuant to Article 3 of the Protocol on the privileges and immunities of the European Union, the price quotation shall be submitted excluding VAT and other equivalent indirect taxes. The price quoted must be all-inclusive and expressed in euros, including for countries which are not part of the euro area. For tenderers in those countries, the amount of the tender may not be revised in line with exchange rate movements. It is for the tenderer to select an exchange rate and accept the risks or the benefits deriving from any variation. Tenderers shall submit a separate price for each of the lots in respect of which they submit a tender. For the submission of a tender covering several lots, a reduced overall price may be quoted if all the lots are awarded to the tenderer concerned. However, that overall price will not be taken into consideration for the assessment of the tenders submitted. The assessment will take account only of the separate prices for each of the lots for which the tenderer submits a bid.

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8. FINANCIAL GUARANTEES

Not applicable

9. ENVIRONMENTAL ASPECTS

The European Parliament’s environmental policy

Tenderers shall undertake to comply with the environmental legislation in force in the field of the contract, should it be awarded to them. It should be noted in this connection that the European Parliament applies the EMAS environmental management system in accordance with Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009. Information about EMAS is provided by the authorising department in Annex VIII of these specifications. The successful tenderer will be required to ensure that the information provided by the European Parliament on the EMAS programme in general, and more specifically on the implementation of environmental measures in practice, is known by all his staff working for the European Parliament. At the European Parliament's request the successful tenderer may be required to certify that anyone assigned to work under the contract has received the appropriate professional training required (technical, safety and environmental training) concerning compliance with safety rules and correct handling of the equipment and products to be used, including action to be taken in the event of incorrect handling or any other incidents.

10. POLICY ON THE PROMOTION OF EQUAL OPPORTUNITIES

Tenderers shall undertake to observe a policy on the promotion of equality and diversity in the performance of the contract, should it be awarded to them, by applying the principles of non-discrimination and equality set out in the Community Treaties in full and in their entirety. More particularly, the tenderer awarded the contract shall undertake to establish, maintain and promote an open and inclusive working environment which respects human dignity and the principles of equal opportunities, based on three main elements: - equality between men and women; - employment and integration of disabled persons; - the removal of all obstacles to recruitment and all potential discrimination based on sex, race or ethnic origin,

religion or convictions, disability, age or sexual orientation.

11. PERFORMANCE OF FRAMEWORK CONTRACTS

Framework contracts will be performed on the basis of order forms, to be signed following the application of a system whereby orders are placed without competition being reopened.

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PART II – EXCLUSION, SELECTION AND AWARD CRITERIA

12. EXCLUSION CRITERIA

Article 106 of the Financial Regulation

1. Tenderers shall be excluded from participation in procurement procedures if:

a) they 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;

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

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

d) they have not fulfilled 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;

e) they 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;

f) they are currently subject to an administrative penalty referred to in Article 109(1)1. Points a) to d) shall not apply in the case of the purchase of supplies on particularly advantageous terms from a supplier who is definitively winding up his business activities, or from the receivers or liquidators of a bankruptcy, through an arrangement with creditors, or through a similar procedure under national law.

Article 107 of the Financial Regulation

2. A contract shall not be awarded to tenderers who, during the procurement procedure for that contract: a) are subject to a conflict of interest2; b) 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; c) find themselves in one of the exclusion situations for this procurement procedure, referred to in paragraph 1,

points a) to f) above.

12.1 Evaluation of the exclusion criteria

1. Tenderers shall furnish the following documentary evidence:

- a recent extract from the judicial record or, failing that, a recent equivalent document issued by a judicial or administrative authority in the country of origin or provenance showing that the tenderer to whom the contract is to be awarded is not in one of the situations referred to in Article 106(1)(a), (b) or (e) of the Financial Regulation;

- a recent certificate issued by the competent authority of the State concerned proving that the tenderer is not in the situation referred to in Article 106(1)(d) of the Financial Regulation;

1 Article 109(1):

The contracting authority may impose administrative or financial penalties on the following: (a) candidates or tenderers in the cases referred to in point (b) of Article 107(1); b) contractors who have been declared to be in serious breach of their obligations under contracts covered by the budget. In all cases, however, the contracting authority must first give the person concerned an opportunity to present his observations.

2 Tenderers must declare that they do not have any conflict of interest in connection with the contract (economic interests, political or national affinities, family or emotional ties, or any other relevant connection or shared interest).

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- where the documents or certificates referred to above are not issued in the country concerned, and in respect of the other exclusion situations referred to in Article 106 of the Financial Regulation, they may be replaced by a sworn or, failing that, a solemn statement made by the interested party before a judicial or administrative authority, a notary or a qualified professional body in his country of origin or provenance;

- an attestation on the tenderer’s honour, duly dated and signed, in which he declares that he is not in one of the situations referred to in Articles 106 and 107 of the Financial Regulation; the requisite model declaration on the tenderer’s honour is appended to these specifications in Annex III.

2. Tenderers shall be exempt from the requirement to submit the documentary evidence referred to in paragraph 1 if that evidence has already been submitted for the purposes of another European Parliament procurement procedure and provided that the documents in question were not issued more than one year previously and are still valid. In such cases, tenderers shall attest on their honour that the supporting documents have already been provided in a previous procurement procedure, which they shall identify, and that no changes in their situation have occurred.

13. SELECTION CRITERIA

13.1 Proof of status and legal capacity

As proof of their status and legal capacity, tenderers must append to their tenders a copy of their articles of association or equivalent document enabling the European Parliament to determine their form and legal capacity to perform the contract. Should the proof submitted not be sufficient for that purpose, the European Parliament may demand other proof during the tender assessment process. Where no such proof is submitted, the European Parliament reserves the right to deem the tender inadmissible. Where tenders are submitted by natural persons, the proof required must include a copy of an identity document and any other document allowing assessment of the persons’ legal capacity to perform the contract (registration in the VAT registry, in the business or professional registry, etc.).

13.2 Financial and economic capacity

Tenderers shall have sufficient economic and financial resources to enable them to perform the contract in compliance with the contractual provisions, given the value and scope thereof. If, on the basis of the information supplied by the tenderer, the European Parliament has doubts about a tenderer’s financial resources, or if these are insufficient for performance of the contract, the tender may be rejected without the tenderer being entitled to claim any financial compensation. In respect of the contract which is the subject of this invitation to tender, the European Parliament furthermore requires tenderers to have the following minimum financial and economic capacity:

- The minimum overall annual turnover must be: Lot 1: EUR 750 000.00 Lot 2: EUR 200 000.00 Lot 3: EUR 1 000 000.00 Lot 4: EUR 250 000.00 Lot 5: EUR 250 000.00 Lot 6: EUR 75 000.00 Lot 7: EUR 200 000.00

Financial and economic capacity will be assessed on the basis of the information included in the following documents, to be supplied by tenderers: - a statement of overall turnover and turnover relating to the supplies associated with the field covered by the

contract during a period which may be no more than the last three financial years (complete Annex VI in full).

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- balance sheets, profit and loss accounts and any other related financial information for at least the last two years for which accounts have been closed, where publication of the balance sheet is required under the company law of the country in which the economic operator is established;

- appropriate statements from banks or evidence of professional risk indemnity insurance; - income declaration for at least the two most recent financial years; for tenderers who are natural persons, gross

income will be deemed to represent turnover. If the tenderer is unable to provide the references requested, he may prove his economic and financial capacity by any other means which the European Parliament considers appropriate. The tenderer may also rely on the capacity of other entities, irrespective of the legal nature of the links between him and those entities. In that case, he must prove to the European Parliament that he will have the resources needed to perform the contract, for instance by providing an assurance of the undertaking by those entities to make them available to him. In that case the European Parliament is entitled to refuse the application or the tender submitted if it has doubts about the undertaking by the third party or about that party’s financial capacity. On the same basis, a consortium of economic operators may rely on the capacity of members of the consortium or of other entities. Tenderers may also rely on the economic capacities of one or more subcontractors in so far as they undertake to take part in the process of performing the contract. In such instances, the European Parliament will assess the capacities of the subcontractor(s) in the light of the extent to which the latter is/are involved in performing the contract. A tenderer which has been unable to provide the requisite proof during the period laid down by these specifications, because it has only recently been set up, and has been unable to rely on other entities' capacities may, exceptionally, be accepted by the European Parliament, provided that it submits a performance bond for an amount which may represent up to 10 % of the value of the contract. The arrangements for establishing and releasing the bond must be contractually laid down in accordance with the rules applicable to contracts funded by the European Union budget.

13.3 Technical and professional capacity

The tenderer must have sufficient technical and professional capacity to enable it to perform the contract in accordance with the contractual provisions and taking into account its value and scale. If, in light of the information provided by the tenderer, the European Parliament has any doubts about its technical and professional capacity or if these prove insufficient for the performance of the contract, the tender may be rejected without the tenderer having the right to any financial compensation. Furthermore, in respect of the contract which is the subject of this invitation to tender the European Parliament requires tenderers to have the following technical and professional capacity:

- for all lots, at least three years’ experience in supplies similar to those required by the contract concerned; - for lots 1/3/5:

to offer only products which have been granted a marketing authorisation by the competent authority of the State concerned or by the European Medicines Agency;

to be able to provide an official website which shows the most exhaustive list of the public prices relating to the lot in question. An indication of the VAT rate applicable to the product must be provided.

- for lots 2/4/6/7: to offer only products which comply with the standards in force issued by the competent authority of the

State concerned; to have an exhaustive catalogue of supplies and an official tariff and to be able to provide an active website

which shows all of the current products and prices relating to the lot in question. An indication of the VAT rate applicable to the product must be provided.

- for all lots: to be able to respond to any request for a quote made by the European Parliament within a maximum time limit of 24 hours;

- for lots 1 to 7: to be able to ensure the delivery of supplies within a maximum time limit of 5 working days to be counted from receipt of the order, in the following countries – towns – addresses, depending on the lot for which they tender: France – Strasbourg/Belgium – Brussels/Grand Duchy of Luxembourg – Luxembourg;

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- to apply environmental management measures. Depending on the nature, quantity or scale and purpose of the supplies to be provided, the technical and professional capacity of economic operators will be substantiated by one or more of the following documents: - for all lots: the list of the principal supplies delivered in the past three years, with the sums, dates and recipients,

public or private. If the recipient of those services and supplies was a department of a Community institution, economic operators shall furnish proof in the form of certificates issued or countersigned by the competent authority (see Annex VII);

- for lots 1/3/5: the name of the official tariff (government directory or the economic operator’s price list) on which the

economic operator bases his financial tender; provision of an official website which shows the most exhaustive list of the public prices relating to the lot in

question: the economic operator must describe the access procedure for the sheet concerned, including provision of a password, if applicable, to allow the contracting authority to verify the proper functioning of the website. An indication of the VAT rate applicable to the product must be provided.

for example, an economic operator based in the Grand Duchy of Luxembourg may provide for the name of the official tariff: the ‘List of marketed drugs valid on (indicate last update)’

the following Internet address: http://www.cns.lu/files/listepos/(month/year of the last update)_Liste_comm.pdf/

for example, an economic operator based in Belgium may provide for the name of the official tariff: The ‘Commented directory of medicines’ the following Internet address: http://www.cbip.be/

- for lots 2/4/6/7: the catalogue and the official tariff of the economic operator’s products or one or more valid websites which show all of the current products and prices relating to the lot(s) in question. The official address must clearly state that it is the address of the economic operator submitting the tender. An indication of the VAT rate applicable to the product must be provided. In the case of economic consortiums, all of the relevant addresses should be provided.

- for all lots: a document describing your organisation showing an organisation chart of its functioning, the management structure, commercial and financial administration

(purchases/sales/invoicing) as well as staff; the range of stock/the delivery system/the procedure for managing returns; the average time limit for the products in the lot in question; the average degree of completeness of orders delivered;

- for all lots: a document describing the procedures put in place to ensure: the quality of the processing of the establishment of quotes, the management of orders and deliveries

carried out with postage and packaging paid (correct quantity, references ordered); the capacity to provide equivalent replacement products should manufacturing cease or should the product

normally used be withdrawn; the correction of any possible delivery errors; specifically for lots 1/3/5: the return of products which have passed their expiry date.

- a declaration on the tenderer’s honour attesting that the products supplied under the lots tendered for: for lots 1/3/5, have been granted a marketing authorisation by the competent authority of the Member State

concerned or by the European Medicines Agency; for lots 2/4/6/7, comply with the standards in force issued by the competent authority of the Member State

concerned; - for all lots: a document describing the environmental management measures applied in your organisation.

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The tenderer or candidate may also rely on the capacity of other entities, irrespective of the legal nature of the links between himself and those entities. In that case, he must prove to the European Parliament that he will have the resources needed to perform the contract, for instance by providing an assurance of the undertaking by those entities to make them available to him. In that case the European Parliament is entitled to refuse the application or the tender submitted if it has doubts about the undertaking by the third party or about that party’s professional and/or technical capacity. At all events, tenderers may always rely on the economic capacities of one or more subcontractors in so far as they undertake to take part in the process of performing the contract. In such instances, the European Parliament will assess the capacities of the subcontractor(s) in the light of the extent to which the latter is/are involved in performing the contract.

14. AWARD CRITERIA

14.1 Contract award methodology

For each lot, the contract will be awarded to the tender offering the lowest price among those which are admissible and comply with the conditions. For lots 1 to 7, Annex X of the Specifications represents a non-exhaustive pool which includes the list of products normally consumed and those likely to be consumed over the course of the contract. The representatives of the lots shall be determined on the basis of the following criteria.

a) The tenderer must complete columns G to M of the price schedule in Annex X of the Specifications. The tenderer’s financial tender may only be considered if: The products supplied comply with the requirements of chapter 14.2; The tender covers a minimum of 80 % of the total number of items in the lot, on pain of exclusion from the

tender; b) The price of the tender shall be determined on the basis of:

The sum of the multiplications of the final unit prices excluding VAT with discount deducted (which must be in direct relation with the packaging proposed) from column L by the estimated annual quantities in column F (which are provided for information purposes only and are not binding on the European Parliament);

A common perimeter for all of the tenders received which is satisfactory at least with regard to the degree of completeness of the price schedule included in the previous paragraph. If the packaging proposed are different from one tender to another, each unit price concerned shall be brought down to the smallest possible unit of measurement (pill, dose, ml, etc.). This calculation shall be rounded to four decimal places and multiplied by the quantity, relating to the largest packaging, provided by one of the tenderers, so as to respect equality of treatment. The final price obtained in this way shall be rounded and considered with two decimal places and added to the other prices for each of the tenders received.

14.2 Conformity of the products offered

For columns G and H, the products offered must: Lots 1/3/5: - Have marketing authorisation; - Respect the International Non-proprietary Name (INN) of the active substance/the units of measure/the dosages

stated in Annex X; - comply with the finality of the product and these technical specifications.

Lots 2/4/6/7: - conform to the standards in force

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- comply with the finality of the product and the technical specifications in Annex X. The tenderer must complete and sign the declaration on the tenderer’s honour in Annex IX The tenderer must indicate whether the product offered in column G: - Is the same as the product in columns B, C, D: the tenderer shall then state ‘Idem’ - Is different from the product in columns B, C, D: The tenderer shall state in column G the brand and the trading

name of the product. The tenderer must indicate whether the product offered in column H: The unit of measurement used, the unit container, the dosage.

14.3 Elements to be provided to submit a financial tender

For columns I, J, K, L and M of Annex X of the Specifications, the tenderer must include the following financial elements:. the official unit price including VAT for the proposed packaging the VAT rate which applies to the product the discount granted by the economic operator (in %) the final price excluding VAT and the discount deducted the amount of the item concerned the grand total in column M

The prices stated must be expressed in euros, to a maximum of two decimal places.

14.4 Information on price declaration when opening tenders

For each lot, the committee opening the tenders shall declare the grand totals of column M from Annex X: this declaration shall include reserves related to the verification of the conformity of products offered and aspects relating to packaging.

15. Annexes

Please find below Annexes I to XI.

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Annex I – Information document

Please tick box beneath the number of the lot(s) for which you are tendering.

1 2 3 4 5 6 7

� � � � � � �

Please tick the appropriate box and complete the required headings for each of the tenderer’s constituent elements

Copy as many times as necessary to provide information on a single enterprise / all members of a consortium / and each named subcontractor

Legal form � Natural person

� Legal Entity

� Body governed by public law

Status in consortium (where applicable)

� Lead tenderer of consortium

� Member of consortium

� Named subcontractor

Trade name3:

Occupation:

Represented by:

Registered office address:

Post code:

PO Box:

Town/City:

Country:

VAT number: in the form PPxxxxxxxx… where PP is the code for the country of registration (LU, BE, FR, DE, etc).

Registration number in trade or professional register:

Place of registration:

Date of registration:

Telephone number:

Email:

Contact person:

3 If applicable.

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Annex II – Supplier’s financial data sheet to be completed (only for the main representative in the case of a consortium)

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Annex III – Declaration on the tenderer’s honour concerning the exclusion criteria and absence of conflicts of interest

Official name of tenderer: .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Official address: .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Official legal form (only for legal person): .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... I, the undersigned Mr /Ms.............................................., being the representative authorised to sign on behalf of the tenderer, hereby declare on my honour that: (a) the tenderer is not bankrupt or being wound up, having his affairs administered by the courts, has not entered into an arrangement with

creditors, suspended business activities, is not the subject of proceedings concerning those matters or in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

(b) the tenderer has not been convicted of an offence concerning his/her professional conduct by a judgment which has the force of res judicata; (c) the tenderer has not been guilty of grave professional misconduct proven by any means which the contracting authority can justify; (d) the tenderer has fulfilled obligations relating to the payment of social security contributions and the payment of taxes in accordance with the

legal provisions of the country in which he/she is established or with those of the country of the contracting authority or those of the country where the contract is to be performed;

(e) the tenderer has not 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 financial interests of the Communities/the European Union;

(f) the tenderer is not currently the subject of an administrative penalty imposed by the contracting authority under Article 109(1) of the Financial Regulation.

Comments: ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ I hereby undertake to supply any documents specifically requested from me. The undersigned is aware of the fact that contracts may not be awarded to tenderers who, during the procurement procedure: (1) are subject to a conflict of interest in connection with the contract; a conflict of interest could arise in particular as a result of economic

interests, political or national affinities, family or emotional ties or any other relevant connection or shared interest; (2) are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the

procurement procedure or fail to supply this information; (3) find themselves in one of the situations of exclusion ((a) to (f) above), referred to in Article 106(1) of the Financial Regulation, for the

procurement procedure. In addition, I, the undersigned, declare on my honour that: - the tenderer will inform the contracting authority, without delay, of any situation considered a conflict of interest or which could give rise to a

conflict of interest; - the tenderer has not granted and will not grant, has not sought and will not seek, has not attempted and will not attempt to obtain, and has not

accepted and will not accept any advantage, financial or in kind, to or from any party whatsoever, constituting an illegal practice or involving corruption, either directly or indirectly, as an incentive or reward relating to the award or the execution of the contract;

- the information provided to the European Parliament within the context of this invitation to tender is accurate, sincere and complete. Date: ............................ Signature(s): ...............................................

D(2009)31817 17/2618/06/2009

Annex IV – Information sheet concerning consortiums of economic operators (if applicable)

Official name of member appointed by the consortium4: ...................................................................................................................................................................................................... Official address: ...................................................................................................................................................................................................... ...................................................................................................................................................................................................... Legal form of the consortium5: ...................................................................................................................................................................................................... ...................................................................................................................................................................................................... I, the undersigned, Mr(s)/Ms ………………………………, representing the authorised representative of the consortium of operators submitting this tender, hereby declare that I have noted the conditions laid down by the European Parliament for submission of a tender by a consortium and that the submission of a tender and the signing of this declaration imply acceptance of those conditions: ‘The consortium of economic operators shall furnish proof of its legal form in the tender. This may take one of the following forms:

- an entity with legal personality recognised by a Member State; - an entity without legal personality but offering sufficient protection of the European Parliament’s contractual

interests (depending on the Member State concerned, this may be, for example, a consortium or a temporary association);

- the signature by all the partners of a type of 'power of attorney' or equivalent document confirming a form of cooperation.

The document supplied must prove the consortium's actual status. In that document or in an annex thereto, the economic operators making up the consortium shall undertake, as tenderers, to bear joint and several liability during performance of the contract, should it be awarded to them. The European Parliament may accept other legal forms not referred to above, provided that they ensure the parties’ joint and several liability and are compatible with performance of the contract. However, in the contract to be signed with the consortium the European Parliament will refer expressly to the existence of such joint and several liability. In addition, it reserves the right to require, contractually, the appointment of an authorised representative who may represent the members and who is empowered, inter alia, to issue invoices on behalf of the other members.’

Information on members of consortium

Name of member of consortium

Address of member of consortium

Name of member’s representative

Description of technical, professional and economic

capacities6

Date: ............................ Signature: ............................................... Economic operator’s stamp 4 State the name and address of the member authorised by the other members of the consortium to represent it. If no authorisation has been given, all

consortium members should sign this declaration. 5 To be indicated if a precise form has been chosen by the consortium members. If that is not the case, leave blank. 6 Should such a description already have been provided in the tender, reference may be made to precisely where that description appears.

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Annex V - Declaration concerning subcontractors (if applicable)

Tenderer’s name:........................................................................ I, the undersigned, Mr(s)/Ms …........................................, in my capacity as representative of the above-mentioned tenderer, hereby declare that, in the event that the contract, or one or more lots thereof, is awarded to the tenderer, the following economic operators will act as subcontractors:

Details of subcontracting

Name & address of subcontractor

Description of the subcontracted part of the contract

Value of subcontracted part of contract (in EUR and as a

percentage of estimated total amount of contract)

I acknowledge that the European Parliament reserves the right to request information on the financial, economic, technical and professional resources of the proposed subcontractor(s) and that the European Parliament may demand the requisite proof to establish whether the subcontractors comply with the exclusion criteria applying to tenderers. In this context, the European Parliament reserves the right to reject any proposed subcontractor not complying with the exclusion and/or selection criteria. Furthermore, the European Parliament must be informed by the Contractor of any subsequent use of subcontracting not provided for in the tender. The European Parliament therefore reserves the right to accept or reject any subcontractor proposed during the performance of the contract. Accordingly, it may demand the requisite proof to establish whether a subcontractor complies with the requisite criteria. The European Parliament’s authorisation will always be granted in writing.

If the contract is awarded to a tenderer who proposes a subcontractor in his tender, this equates to giving consent for the subcontracting.

Date: ............................ Signature: ............................................... Economic operator’s stamp

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Annex VI – Financial data sheet

To be completed by the tenderer or by each company in the case of a consortium with a joint representative, on the basis of the financial statements for the last three financial years, which must be attached. Turnover Total turnover for the last three financial years Year no - 1 ..................................................................................... EUR Year no - 2 ..................................................................................... EUR Year no - 3 ..................................................................................... EUR Turnover Turnover for the last three financial years in respect of the supplies of the lot tendered for (to be duplicated for each lot concerned) Year no - 1 ..................................................................................... EUR Year no - 2 ..................................................................................... EUR Year no - 3 ..................................................................................... EUR Profit Total net profit after tax for the last three financial years Year no - 1 ..................................................................................... EUR Year no - 2 ..................................................................................... EUR Year no - 3 ..................................................................................... EUR Assets available in the short term Total assets 7 available within one year Year no - 1 ..................................................................................... EUR Year no - 2 ..................................................................................... EUR Year no - 3 ..................................................................................... EUR Short-term debt Total debt due 8 within one year Year no - 1 ..................................................................................... EUR Year no - 2 ..................................................................................... EUR Year no - 3 ..................................................................................... EUR Certified true and accurate.

Date: ............................ Signature: ............................................... Economic operator’s stamp

7 Debts receivable within not more than one year, orders in progress, cash investments, available securities and adjustment accounts. 8 All debt of any kind due within not more than one year, and adjustment accounts.

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Annex VII – List of the main supplies provided over the last three years

Please include the list of the principal supplies delivered in the past three years, with the sums, dates and recipients, public or private; If the recipient of those services and supplies was a department of a Community institution, economic operators shall furnish proof in the form of certificates issued or countersigned by the competent authority;

The tenderer shall complete the table below.

(Table to be reproduced for each of the lots concerned)

Lot 1 � Lot 2 � Lot 3 � Lot 4 � Lot 5 � Lot 6 � Lot 7 �

Dates/period Customs authority to which reference is made

Name and telephone number of contact person Amount of supplies

Certified true and accurate.

Date: ............................ Signature: ............................................... Economic operator’s stamp

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Annex VIII – The European Parliament’s Environmental Policy (EMAS)

THE EUROPEAN PARLIAMENT’S ENVIRONMENTAL POLICY

The European Parliament recognises that it has a duty to make a positive contribution to sustainable development as a long-term goal, not only through its political role and its role in legislative procedures, but also in the context of how it operates and the decisions that it has to take on a day-to-day basis. The European Parliament has therefore decided that its Administration will embark on the path of applying the EMAS (Eco-Management and Audit Scheme) standard, with the aim of continually improving its environmental results with regard to activities, products and services. In doing so the European Parliament hereby undertakes to: reduce carbon dioxide emissions;

promote the efficient use of energy, water and paper;

introduce best practices with regard to waste management;

incorporate environmental guidelines into procurement procedures;

encourage responsible and appropriate behaviour by training, providing information and increasing the awareness of all its staff, Members and their assistants about those aspects of their activities relating to the environment;

take preventive measures to counter pollution;

ensure compliance with requirements laid down by environmental legislation and regulations;

ensure that everyone within Parliament is committed to EMAS and to the measures to improve the environment which it entails;

provide sufficient resources for its environmental management system and activities relating thereto;

promote transparent communication and dialogue with interested parties, both internally and externally.

The European Parliament undertakes to describe, implement and pursue its environmental policy, to communicate it to its Members, its staff, its contractors and any other interested parties and also to make it accessible to the public. The European Parliament’s environmental policy is implemented through its environmental management system. The environmental policy and the environmental management system cover the main environmental aspects, both directly and indirectly, as well as their impact on the sites concerned, and make it possible to establish corresponding objectives. Jerzy BUZEK, President Klaus WELLE, Secretary-General Brussels, 28 September 2010 Brussels, 28 September 2010

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Environmental protection (EMAS) in the European Parliament buildings

For staff of companies working for the European Parliament

What is EMAS?

EMAS is the system used by the European Parliament (EP) to reduce the impact of its activities on the environment. EMAS is an environmental management system (EMS) based on ISO standard 14001:2004 and EMAS Regulation 1221/2009. The Parliament began to apply EMAS following a Bureau decision in 2004. The President and the Secretary-General of the EP signed the EMAS policy. Through this document, the Parliament displays its commitment to continually reducing its impact on the environment in fields such as the production of office and kitchen waste, the handling of dangerous substances, CO2 emissions to combat global warming, energy, water and paper consumption, respecting environmental legislation and staff training. How can my company contribute to improving the environment at the European Parliament? You contribute by respecting current environmental legislation, as well as all environmental instructions and procedures. Your company should ensure that all staff who perform tasks which have a significant environmental impact have received the necessary training. Your company therefore plays an essential part in improving environmental quality at the EP. Our environmental commitment is also set out in the obligations that appear in our new contracts: ‘The contractor undertakes to respect (…) the environmental characteristics of the contract and any other similar condition imposed by the specification and explained, where necessary, in the contractor’s tender. The European Parliament reserves the right to carry out any checks and inspections direct with the contractor, necessary to ensure that the environmental requirements imposed are being respected (…) Any failure on the part of the contractor to comply with the environmental obligations imposed or any refusal to be checked by the European Parliament or a duly authorised body shall allow the European Parliament to terminate the contract’.

If you use substances that are dangerous for the environment, you are obliged to respect the legislation in force and to know the EP’s environmental procedures. For more information, please consult your contact at the European Parliament.

If you are in one of our buildings and you discover an accident with significant environmental consequences (such as a fire, explosion, leak of water, fuel oil, gas, oil or any other dangerous substances), please inform the Security Service ( 85112). The same number can be used for medical emergencies.

We are grateful to the European Parliament’s contractors and subcontractors for their valuable contribution to the sorting, storage and recycling of waste. We would remind you of the importance of sorting waste properly and kindly request that you make your colleagues aware of the importance of your role for the environment.

And what can my company do if it causes other types of environmental damage? If your company’s activities for the European Parliament cause other types of environmental damage (consumption of paper, fuel, electricity, water, production of other types of waste, etc.) you can consult your contact at the European Parliament in order to try and improve your environmental performance (the EMAS coordination team shall also be happy to help you).

Some tips for every day:

Has the European Parliament already made real progress for the environment? The EP has long been working to improve the environment. Here are some of its achievements:

- The EP has undertaken to reduce its CO2 emissions by 30 % before 2020. - The Parliament sorts and recycles waste taking special care with hazardous products. - The Parliament obtains 100 % of its electricity from renewable sources, in three different

workplaces.

Save energy. Turn off the light when it isn't needed and save electricity.

Save water. Turn the tap off completely and alert the appropriate department if you discover a leak.

Take the stairs instead. It's better for your health and better for the environment!

Use public transport for your journeys. Transport is one of the major sources of CO2 emissions.

Signing of the EMAS policy on

28 September 2010

Recycle waste. Please collect your waste and use the appropriate bins. Waste which isn't sorted cannot be recycled!

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We look forward to your proposals and suggestions at emas@europarl.europa.eu ; (+352.4300) 22500

The EP incorporates environmental clauses into its public contracts.

Did you know that the Parliament has obtained EMAS and ISO 14001:2004 certification? So external environmental audits shall be carried out each year and your involvement in the environmental management system shall also be evaluated.

EMAS is you!

EMAS-214

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Annex IX – Declaration on the tenderer’s honour relating to the conformity of the products

Official name of tenderer: ............................................................................................................................................................................................................................................................................................................ Official address: ............................................................................................................................................................................................................................................................................................................ Official legal form (only for legal person): ............................................................................................................................................................................................................................................................................................................ I, the undersigned Mr /Ms ….........................................., being the representative authorised to sign on behalf of the tenderer hereby declare on my honour, in the case of being awarded one or several lots of the contract PE PERS 2012 056, to:

only provide products which comply with their technical description, to the legislative and legal provisions in force and enjoying all the guarantees with regard to safety;

provide for free, by way of sample, ranges of products at the request of the European Parliament; inform the European Parliament of any cessation in the marketing of a product as soon as I become aware of this

information, by submitting all documentation; offer a replacement product with identical characteristics and price as those defined in the price schedule, in the

requirements by adapting the price of the new packaging which shall be submitted for the approval of the European Parliament;

return to the European Parliament any product which has passed its expiry date for recycling purposes at no additional cost.

Certified true and accurate.

Date: ............................ Signature: ............................................... Economic operator’s stamp:

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Annex X – Price Schedules (see Excel files attached hereto)

Lots 1 and 2 Lots 3 and 4 Lots 5 and 6 Lot 7:

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Annex XI – Label to be affixed to the outer and inner envelopes when a tender is sent

In the case of several packages or envelopes: make copies of the label and repeat the operation

European Parliament Directorate-General for Personnel

Directorate C Social Services Unit

President Building / Office 04B027 37B, Avenue J.F. Kennedy

L-2929 Luxembourg

INVITATION TO TENDER No 2012-056

NOT TO BE OPENED BY THE MAIL SERVICE OR ANY UNAUTHORISED PERSON

European Parliament Directorate-General for Personnel

Directorate C Social Services Unit

President Building / Office 04B027 37B, Avenue J.F. Kennedy

L-2929 Luxembourg

INVITATION TO TENDER No 2012-056

NOT TO BE OPENED BY THE MAIL SERVICE OR ANY UNAUTHORISED PERSON