Delegation of the European Union to Namibia

Invitation to Tender: Supply of newspapers

Open
Supplies
< €15.000

Annex 1 – technical tender

Statement of compliance with the tender documents

 No EEAS-01/19-DELBWAG-SUP-DIR

 

 

I, .................... , the undersigned, being the authorised legal representative of [to be completed with the name of the tenderer; for joint tenders, this must include all members], hereby declare that we have examined and accept without reserve or restriction all the terms and conditions set out in the invitation to tender, in the tender specifications and in the draft purchase order for the tender procedure referred to above and, where appropriate, waive the tenderer's own general or specific terms and conditions. We offer to provide the services on the basis of our technical tender and our financial tender which do not diverge in any way from the requirements described in the tender documents as drafted by the contracting authority. Our tender complies with all the technical requirements indicated in the tender specifications.

We also undertake to respect these requirements scrupulously during the performance of the contract in case we become the awardee of the contract.

 

 

 

 

 

Name of the legal representative of the tenderer:

 

 

 

 

Signature:                                                                     Date:]

 

 

Annex A – Financial tender

Price schedule over the duration of the contract in BWP

 

Item

Description

Type of unit

Number of units over the duration of the contract

Unit price in BWP 

 

Total price in BWP   

 

1

2

3

4

5

6 = 4 x 5

A

Mmegi Monitor

MON001

90

 

 

B

The Botswana Gazette

GAZ001

90

 

 

C

The Botswana Guardian

GUA001

90

 

 

D

The Telegraph

TEL001

90

 

 

   E.

The Voice

VOI001

90

 

 

F

Business Weekly

BUW001

90

 

 

G

The Patriot on Sunday

PAT001

90

 

 

H

Weekly Post

WEP001

90

 

 

I

Sunday Standard

SUN001

90

 

 

J

Mmegi Friday

MME001

90

 

 

K

The Midweek Sun

MID001

90

 

 

L

The Echo

 

90

 

 

TOTAL

 

 

When filling in this table, tenderers shall fill in in column 5 the unit prices. Tenderers will carefully calculate the total in column 6. They will do so for each item, they will not add, suppress or modify any item. Failing this, their tender will be eliminated.

Name of tenderer:

Name of the legal representative of the tenderer:

Date:                                                               Signature:

Name of tenderer (to be filled in case of a joint tender):

Name of the legal representative of the tenderer:

Date:                                                               Signature:

 

Declaration on honour on
exclusion criteria and selection criteria

The undersigned [insert name of the signatory of this form], representing:

(only if the candidate is a natural person) himself or herself

(only if the candidate is a legal person) the following legal person:

 

ID or passport number:

 

(‘the person’)

Full official name:

Official legal form:

Statutory registration number:

Full official address:

VAT registration number:

 

(‘the person’)

 

The person is not required to submit the declaration on exclusion criteria if the same declaration has already been submitted for the purposes of another award procedure of the same contracting authority[1], provided the situation has not changed, and that the time that has elapsed since the issuing date of the declaration does not exceed one year.

In this case, the signatory declares that the person has already provided the same declaration on exclusion criteria for a previous procedure and confirms that there has been no change in its situation:

Date of the declaration

Full reference to previous procedure

 

 

I – Situation of exclusion concerning the person

 

  1.  declares that the above-mentioned person is in one of the following situations:

YES

NO

  1. it is bankrupt, subject to insolvency or winding-up procedures, its assets are being administered by a liquidator or by a court, it is in an arrangement with creditors, its business activities are suspended or it is in any analogous situation arising from a similar procedure provided for under Union or national law;

 

 

  1. it has been established by a final judgement or a final administrative decision that the person is in breach of its obligations relating to the payment of taxes or social security contributions in accordance with the applicable law;

 

  1. it has been established by a final judgement or a final administrative decision that the person is guilty of grave professional misconduct by having violated applicable laws or regulations or ethical standards of the profession to which the person belongs, or by having engaged in any wrongful conduct which has an impact on its professional credibity where such conduct denotes wrongful intent or gross negligence, including, in particular, any of the following:

 

(i) fraudulently or negligently misrepresenting information required for the verification of the absence of grounds for exclusion or the fulfilment of eligibility selection criteria or in the performance of a contract or an agreement;

 

 

(ii) entering into agreement with other persons with the aim of distorting competition;

 

 

(iii) violating intellectual property rights;

 

 

(iv) attempting to influence the decision-making process of the contracting authority during the award procedure;

 

 

(v) attempting to obtain confidential information that may confer upon it undue advantages in the award procedure;

 

 

  1. it has been established by a final judgement that the person is guilty of the following:

 

(i) fraud, within the meaning of Article 3 of Directive (EU) 2017/1371 and Article 1 of the Convention on the protection of the European Communities' financial interests, drawn up by the Council Act of 26 July 1995;

 

 

(ii) corruption, as defined in Article 4(2) of Directive (EU) 2017/1371 or active corruption within the meaning of Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, drawn up by the Council Act of 26 May 1997, or conduct referred to in Article 2(1) of Council Framework Decision 2003/568/JHA, as well as corruption as defined in the other applicable laws;

 

 

(iii) conduct related to a criminal organisation, as referred to in Article 2 of Council Framework Decision 2008/841/JHA;

 

 

(iv) money laundering or terrorist financing, within the meaning of Article 1(3), (4) and (5) of Directive (EU) 2015/849 of the European Parliament and of the Council;

 

 

(v) terrorist offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA, respectively, or inciting, aiding, abetting or attempting to commit such offences, as referred to in Article 4 of that Decision;

 

 

(vi) child labour or other offences concerning trafficking in human beings as referred to in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council;

 

 

  1. it has shown significant deficiencies in complying with the main obligations in the performance of a contract or an agreement financed by the Union’s budget, which has led to its early termination or to the application of liquidated damages or other contractual penalties, or which has been discovered following checks, audits or investigations by a contracting authority, the European Anti-Fraud Office (OLAF) or the Court of Auditors;

 

 

  1. it has been established by a final judgment or final administrative decision that the person has committed an irregularity within the meaning of Article 1(2) of Council Regulation (EC, Euratom) No 2988/95;

 

 

  1. it has been established by a final judgment or final administrative decision that the person has created an entity under a different jurisdiction with the intent to circumvent fiscal, social or any other legal obligations in the jurisdiction of its registered office, central administration or principal place of business.

 

 

  1. (only for legal persons) it has been established by a final judgment or final administrative decision that the person has been created with the intent provided for in point (g).

 

 

  1. for the situations referred to in points (c) to (h) above the person is subject to:
  1. facts established in the context of audits or investigations carried out by the European Public Prosecutor's Office after its establishment, the Court of Auditors, the European Anti-Fraud Office (OLAF) or the internal auditor, or any other check, audit or control performed under the responsibility of an authorising officer of an EU institution, of a European office or of an EU agency or body;
  2. non-final judgements or non-final administrative decisions which may include disciplinary measures taken by the competent supervisory body responsible for the verification of the application of standards of professional ethics;
  3.  facts referred to in decisions of entities or persons being entrusted with EU budget implementation tasks;
  4. information transmitted by Member States implementing Union funds;
  5. decisions of the Commission relating to the infringement of Union competition law or of a national competent authority relating to the infringement of Union or national competition law; or
  6. decisions of exclusion by an authorising officer of an EU institution, of a European office or of an EU agency or body.

 

 

II – Situations of exclusion concerning natural or legal persons with power of representation, decision-making or control over the legal person and beneficial owners

Not applicable to natural persons, Member States and local authorities

  1. declares that a natural or legal person who is a member of the administrative, management or supervisory body of the above-mentioned legal person, or who has powers of representation, decision or control with regard to the above-mentioned legal person (this covers e.g. company directors, members of management or supervisory bodies, and cases where one natural or legal person holds a majority of shares), or a beneficial owner of the person (as referred to in point 6 of article 3 of Directive (EU) No 2015/849) is in one of the following situations:

YES

NO

N/A

Situation (c) above (grave professional misconduct)

 

 

 

Situation (d) above (fraud, corruption or other criminal offence)

 

 

 

Situation (e) above (significant deficiencies in performance of a contract )

 

 

 

Situation (f) above (irregularity)

 

 

 

Situation (g) above (creation of an entity with the intent to circumvent legal obligations)

 

 

 

Situation (h) above (person created with the intent to circumvent legal obligations)

 

 

 

Situation (i) above

 

 

 

III – Situations of exclusion concerning natural or legal persons assuming unlimited liability for the debts of the legal person

  1.  declares that a natural or legal person that assumes unlimited liability for the debts of the above-mentioned legal person is in one of the following situations:

YES

NO

N/A

Situation (a) above (bankruptcy)

 

 

 

Situation (b) above (breach in payment of taxes or social security contributions)

 

 

 

IV – Grounds for rejection from this procedure

(4) declares that the above-mentioned person:

YES

NO

Was previously involved in the preparation of the procurement documents used in this award procedure, where this entailed a breach of the principle of equality of treatment including distortion of competition that cannot be remedied otherwise.

 

 

V – Remedial measures

If the person declares one of the situations of exclusion listed above, it must indicate measures it has taken to remedy the exclusion situation, thus demonstrating its reliability. This may include e.g. technical, organisational and personnel measures to prevent further occurrence, compensation of damage or payment of fines or of any taxes or social security contributions. The relevant documentary evidence which illustrates the remedial measures taken must be provided in annex to this declaration. This does not apply for situations referred in point (d) of this declaration.

VI – Evidence upon request

Upon request and within the time limit set by the contracting authority the person must provide information on natural or legal persons that are members of the administrative, management or supervisory body or that have powers of representation, decision or control, including legal and natural persons within the ownership and control structure and beneficial owners.

It must also provide the following evidence concerning the person itself and the natural or legal persons on whose capacity the person intends to rely, or a subcontractor and concerning the natural or legal persons which assume unlimited liability for the debts of the person:

For situations described in (a), (c), (d), (f), (g) and (h), production of a recent extract from the judicial record is required or, failing that, an equivalent document recently issued by a judicial or administrative authority in the country of establishment of the person showing that those requirements are satisfied.

For the situation described in point (b), production of recent certificates issued by the competent authorities of the State concerned are required. These documents must provide evidence covering all taxes and social security contributions for which the person is liable, including for example, VAT, income tax (natural persons only), company tax (legal persons only) and social security contributions. Where any document described above is not issued in the country concerned, it may be replaced by a sworn statement made before a judicial authority or notary or, failing that, a solemn statement made before an administrative authority or a qualified professional body in its country of establishment.

The person is not required to submit the evidence if it has already been submitted for another award procedure of the same contracting authority[2]. The documents must have been issued no more than one year before the date of their request by the contracting authority and must still be valid at that date.

The signatory declares that the person has already provided the documentary evidence for a previous procedure and confirms that there has been no change in its situation:

Document

Full reference to previous procedure

Insert as many lines as necessary.

 

VII – Selection criteria

  1. declares that the above-mentioned person complies with the selection criteria applicable to it individually as provided in the tender specifications:

YES

NO

N/A

  1. It has the legal and regulatory capacity to pursue the professional activity needed for performing the contract as required in section [insert] of the tender specifications;

 

 

 

  1. It fulfills the applicable economic and financial criteria indicated in section [insert] of the tender specifications;

 

 

 

  1. It fulfills the applicable technical and professional criteria indicated in section [insert] of the tender specifications.

 

 

 

 

The contracting authority must adapt the table above to the criteria indicated in the tender specifications (i.e. insert extra rows for each criterion or delete irrelevant rows).

 

  1.  if the above-mentioned person is the sole tenderer or the leader in case of joint tender, declares that:

YES

NO

N/A

  1. the tenderer, including all members of the group in case of joint tender and including subcontractors if applicable, complies with all the selection criteria for which a consolidated asseessment will be made as provided in the tender specifications.

 

 

 

     

VIII – Evidence for selection

The signatory declares that the above-mentioned person is able to provide the necessary supporting documents listed in the relevant sections of the tender specifications and which are not available electronically upon request and without delay.

The person is not required to submit the evidence if it has already been submitted for another procurement procedure of the same contracting authority[3]. The documents must have been issued no more than one year before the date of their request by the contracting authority and must still be valid at that date.

The signatory declares that the person has already provided the documentary evidence for a previous procedure and confirms that there has been no change in its situation:

Document

Full reference to previous procedure

Insert as many lines as necessary.

 

 

The above-mentioned person must immediately inform the contracting authority of any changes in the situations as declared.

 

The above-mentioned person may be subject to rejection from this procedure and to administrative sanctions (exclusion or financial penalty) if any of the declarations or information provided as a condition for participating in this procedure prove to be false.

 

Full name                                                          Date                                                 Signature

 

 

[1] The same EU institution, agency, body or office.

[2] The same institution or agency.

[3] The same institution of agency.

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