2011/ej/73 provision of translation …...translation services need to be purchased. whenever...

EUROJUST

P.O. Box: 16183 2500 BD The Hague

THE NETHERLANDS

2011/EJ/73 1

TENDER SPECIFICATIONS

2011/EJ/73

PROVISION OF TRANSLATION SERVICES TO EUROJUST

Issued by Eurojust

The Hague The Netherlands

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TABLE OF CONTENTS

SECTION A - INTRODUCTION TABLE OF CONTENTS ....................................................................... 2 SECTION A - INTRODUCTION ........................................................... 4 A.1. WHAT IS EUROJUST? ..................................................................... 4 A.2. WHAT IS PROCUREMENT? .............................................................. 4 A.3. IMPORTANT NOTE ......................................................................... 5 SECTION B - SPECIFIC INFORMATION ON THIS PROCUREMENT PROCEDURE ..................................................................................... 6 B.1. SCOPE OF WORK .......................................................................... 6

B.1.1. BACKGROUND INFORMATION .................................................6 B.1.2. REQUIREMENTS ...................................................................6 B.1.2.1. Translation services – General Description ........................6 B.1.2.2 Requirements related to the provision of translation services ....8 B.1.3. VARIANTS TO THE REQUIREMENTS ....................................... 11 B.1.4. DIVISION INTO LOTS .......................................................... 11

B.2. CONTRACT ................................................................................. 11 B.2.1. TYPE OF CONTRACT AND DURATION ..................................... 11 B.2.2. CONTRACT IMPLEMENTATION .............................................. 12 B.2.3. CONTRACT PRICES ............................................................. 12 B.2.4. OTHER REQUIREMENTS – INFORMATION ON THE CONTRACT .. 12 B.2.5. IMPORTANT NOTE ............................................................... 12

B.3. YOUR TECHNICAL PROPOSAL ....................................................... 13 B.3.1. TECHNICAL PROPOSAL FORM (ANNEX A) ............................... 13 B.3.2. HOW TO PREPARE YOUR TECHNICAL PROPOSAL? ................... 13

B.4. YOUR FINANCIAL PROPOSAL ........................................................ 13 B.4.1. PRICING FORM (ANNEX B) ................................................... 13 B.4.2. HOW TO PREPARE YOUR FINANCIAL PROPOSAL? .................... 14 B.4.3. IMPORTANT NOTES ............................................................. 14

B.5. TENDERER’S ELIGIBILITY AND CAPACITY: EXCLUSION AND SELECTION CRITERIA......................................................................... 14

B.5.1. ELIGIBILITY TO TENDER: EXCLUSION CRITERIA ..................... 14 B.5.2. CAPACITY: SELECTION CRITERIA ......................................... 15 B.5.3. IMPORTANT NOTE ............................................................... 17

B.6. AWARD CRITERIA ....................................................................... 17 B.7. TIMETABLE ................................................................................. 20 SECTION C – INSTRUCTIONS ON HOW TO TENDER ........................ 22 C.1. CONTENTS OF YOUR TENDER ....................................................... 22

C.1.1. IMPORTANT NOTE ............................................................... 22 C.2. LANGUAGE OF YOUR TENDER ....................................................... 22 C.3. HOW TO PACKAGE YOUR TENDER?................................................ 23 C.4. HOW TO DISPATCH YOUR TENDER? .............................................. 23

C.4.1. IMPORTANT NOTE: PROOF OF DISPATCH............................... 24 C.5. CONTACTS BETWEEN EUROJUST AND TENDERERS ......................... 25

C.5.1. BEFORE THE DEADLINE FOR DISPATCHING TENDERS ............. 25 C.5.2. AFTER THE DEADLINE FOR DISPATCHING TENDERS ............... 25

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C.6. CAN A CONSORTIUM SUBMIT A TENDER? IS SUBCONTRACTING ALLOWED? ........................................................................................ 26 SECTION D – HOW WILL TENDERS BE EVALUATED? ...................... 26 D.1. PUBLIC OPENING SESSION .......................................................... 26

D.1.1. FORMAL OPENING REQUIREMENTS ....................................... 26 D.1.2. MODALITIES TO ATTEND THE PUBLIC OPENING SESSION ....... 26

D.2. TENDER EVALUATION SESSION .................................................... 27 SECTION E – JOINT OFFERS SUBMITTED BY CONSORTIA AND SUBCONTRACTING: TERMS AND CONDITIONS ............................... 27 E.1. JOINT OFFERS SUBMITTED BY CONSORTIA .................................... 27

E.1.1. INTRODUCTION .................................................................. 27 E.1.2. DOCUMENTATION / INFORMATION TO BE PROVIDED .............. 27 E.1.3. EVALUATION ...................................................................... 28 E.1.4. CONTRACT IMPLEMENTATION .............................................. 29

E.2. SUBCONTRACTING ...................................................................... 29 E.2.1. INTRODUCTION .................................................................. 29 E.2.2. DOCUMENTATION / INFORMATION TO BE PROVIDED .............. 29 E.2.3. EVALUATION ...................................................................... 29 E.2.4. CONTRACT IMPLEMENTATION .............................................. 29

SECTION F – SIGNATURE OF THE CONTRACT WITH THE SUCCESSFUL TENDERER: PROVISION OF DOCUMENTATION .......... 30 ANNEXES: Annex A - Technical Proposal Form Annex B - Pricing Form Annex C - Model Contract Annex D - Declaration on Honour Template Annex E - Financial Capacity Form Annex F - Administrative Data Form Annex G - Check list [to be checked BEFORE dispatching your tender] Annex H - Statement on the Acceptance on Eurojust’s Model Contract Annex I - Model Letter of Intent for Subcontractor(s) Annex J – Qualifications and skills of translators based on European Commission standards Annex K - Samples to be translated Annex L – Receipts for hand delivery of tenders

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SECTION A - INTRODUCTION A.1. WHAT IS EUROJUST?

Eurojust is the permanent judicial co-operation unit of the European Union, established in February 2002 by Decision of the Council of the European Union (Decision 2002/187/JHA) as amended by Council Decision (2009/426/JHA) of 16 December 2008.

Eurojust’s goal is to reinforce the fight against crime, by enhancing the effectiveness of the competent authorities within the Member States when dealing with serious cross-border and organised crime. Eurojust stimulates and improves the coordination of investigations and prosecutions, and it supports the co-operation between the competent national authorities of the Member States by facilitating – inter alia – the execution of international mutual legal assistance and the implementation of extradition requests.

Further information on Eurojust’s activities is available on its website, at the address http://www.eurojust.europa.eu.

ORGANISATION AND STRUCTURE

Eurojust consists of a College and an Administration.

The College of Eurojust is composed of 27 national members, who are nominated by each EU Member State among senior experienced prosecutors or judges, and are supported by deputy members, assistants, and secretarial staff. Each National Desk may, at any given time, have one or more interns as well.

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 Casa Analysis Unit, the Legal Service, 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.

As a relatively new organization, Eurojust will continue to grow in terms of volume of activities, administrative functions and number of employees. The expected number of postholders in Eurojust for 2011 would be in the vicinity of 250.

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 participation of 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 a “tenderer”.

http://www.eurojust.europa.eu/�

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Eurojust complies with the Financial Regulations applicable to the general budget of the European Communities (Council Regulation 1605/2002) and their Implementing 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 http://www.eurojust.europa.eu).

• 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.

http://www.eurojust.europa.eu/�

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SECTION B - SPECIFIC INFORMATION ON THIS PROCUREMENT PROCEDURE

B.1. SCOPE OF WORK

The scope of this procurement procedure is the provision of translation services for Eurojust by concluding a multiple framework contract with cascade with three (3) economic operators (provided there is a sufficient number of economic operators who satisfy the selection criteria or a sufficient number of admissible tenders which meet the award criteria).

For this purpose Eurojust will rank the tenders received in descending order according to the evaluation criteria stipulated in Section B.6 below with a view to establishing a list of three (3) contractors and the sequence in which they will be invited when translation services need to be purchased.

Whenever Eurojust needs to purchase translation services it will draw up a Request for Quotation and send it in writing to the contractor at the top of the list. Within the deadline indicated in the Request for Quotation the contractor shall provide Eurojust with a proposal in compliance with the requirements specified in the Request for Quotation. Should the Contractor fail to observe the deadline or fail to submit an admissible proposal, the Contractor shall be considered unavailable. If the contractor is unavailable, Eurojust will send the same Request for Quotation to the next Contractor on the list and so on.

B.1.1. BACKGROUND INFORMATION

In the performance of its activities, Eurojust handles a variety of documents drafted in all EU official languages, and occasionally also documents drafted in non-EU languages.

In the first half of 2011 Eurojust requested the translation of 141 documents for a total of 1500 pages:

80% of the documents were classified as urgent translation requests with deadlines of 2 to 5 days.

Document sizes varied, the smallest being a 1-page request and the largest containing 70 pages (27,750 words).

Eurojust requested translation services from both EU and non-EU languages translated into one of the EU and/or non-EU language. However, the vast majority of requests were for EU languages only.

In 2010 Eurojust spent approximately € 120.000 for the provision of translation services.

At present Eurojust makes no precise representation of its future needs, neither an exact estimation of the related contract amount.

B.1.2. REQUIREMENTS

B.1.2.1. Translation services – General Description

B.1.2.1.1. Coverage

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The tenderer will be requested to translate documents related to Eurojust’s core activities and to its day-to-day administration, including:

- European Arrest Warrants (EAW), European Evidence Warrants (EEW) and supporting documents,

- Rogatory letters,

- Requests for Mutual Legal Assistance (MLA),

- Minutes to co-ordination meetings,

- Case-related documents

- official letters and faxes addressed to / sent by Eurojust, - tender documentation (e.g. tender specifications, tenders submitted by

tenderers, etc.), - contracts, - co-operation agreements, - web pages, - press releases, - speeches and presentations, - documents related to meetings and seminars (minutes, reports, etc.), - documents related to Eurojust Planning Event, - Eurojust Establishment Plan, - Eurojust Financial Regulation, - Administrative Director’s decisions, - College decisions, - College briefing notes, - College agendas, - any other document Eurojust may request.

The above list is not exhaustive and has been provided by way of example only.

B.1.2.1.2. Language coverage The tenderer will be requested to provide translation services in all the 23 official languages1

In addition, Eurojust may request translations also from/to non-EU languages such as

of the European Union. The provision of translation services in all 23 official languages of the European Union is a minimum requirement; therefore tenderers who do not cover all the EU official languages will be excluded.

• Albanian

• Bosnian

• Croatian

• Macedonian (fYROM language)

• Montenegrin

• Norwegian

• Russian

• Serbian

• Turkish

1 Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Romanian, Slovene, Spanish, Swedish.

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• Ukrainian

The provision of such translations will be considered as an asset.

Occasionally, Eurojust may require translations to languages other than those mentioned above. Whenever needed, Eurojust will ask the Contractor for a separate quotation.

B.1.2.1.3. Terminology coverage The tenderer shall have knowledge of legal terminology in all target languages. Many documents will require knowledge of specialist legal terminology relating to European public law, international public law, criminal law and contract law.

In addition, the tenderer shall have knowledge of technical terminology in the fields covered by Eurojust in its day-to-day administration, as described in Section A.1 (e.g. budget & finance, human resources, information and communications technology, security, facility management, general services, events organisation, press & PR, etc.).

B.1.2.1.4 Quality and promptness Whenever requested by Eurojust, the tenderer shall provide high-quality translation services even within tight deadlines.

Translations shall be carried out with accuracy and promptness. Depending on the number of words to be translated and the priority the following implementation deadlines shall apply:

Number of words Priority Completed within

Less or equal to 500 words Standard 24 hours

More than 500 but less or equal to 1,500 words Urgent 24 hours

More than 500 but less or equal to 2,000 words Standard 48 hours

More than 1,500 words Urgent As per the offered maximum

translation rate (words per day)

More than 2,000 words Standard As per the offered maximum

translation rate (words per day)

The implementation deadlines stated above shall commence after placement of the respective Order according to Section B.1.2.2.1. b).

For quality reasons Eurojust prefers direct translations, meaning that translations should be done directly from one language to another, without going through a bridge/intermediate language (Spanish-Lithuanian, not Spanish-English-Lithuanian).

B.1.2.2 Requirements related to the provision of translation services

B.1.2.2.1. Ordering Process a) Before an order is placed

Whenever there is a document to be translated, Eurojust will issue a Request for Quotation prior to placing an order. Eurojust will specify its needs by submitting an email indicating at least all of the following basic requirements

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Basic Requirements

a) Language of Source b) Language of Destination c) Subject/content of the document d) Length of the document (number or

words or pages) e) Deadline for implementation of the

service (standard or urgent)

and if necessary, one or more of the additional requirements as listed below

Additional Requirements

a) Certified Translation b) Specific Requirements related to the

selection of the translator(s). c) Security requirements

i) Security cleared translator ii) Security clearance

documentations for the proposed translator

iii) Translation services to be performed at Eurojust premises.

d) Direct translation e) Deadline for providing a proposal to

the Request for Quotation (if different from maximum response times)

to the designated contact point of the contractor ranked at the top of the list (Section B.1).

Upon submission of aforesaid message by Eurojust that contractor must return a written proposal (by email) within the maximum response time of

• two (2) hours for Requests for Quotations involving basic requirements only, and

• four (4) hours for Requests for Quotations requiring one or more additional requirements on top of the basic requirements.

unless otherwise stated in the Request for Quotation.

The above periods are to be considered as maximum response times.

Proposals shall have by default a period of validity of seven (7) calendar days.

Only proposals taking all basic and additional requirements (if any) into account are considered admissible.

Requests for Quotations are neither to be considered as an order nor as a commitment to order (see below).

On the basis of the proposal received, an Order may be drawn up (see placing orders process in Section B 1.2.2.1 b below). The price of the order shall at all times be the same as the one specified in the proposal.

If after the lapse of the respective maximum response time from the top ranked contractor

• no response at all, or

• no admissible proposal, or

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• a separate quotation as per Section B.1.2.1.2. last paragraph, stating an unreasonably high translation fee

was received, it shall be considered unavailable. The same applies when the contractor declines to answer a Request for Quotation. In these cases Eurojust may, according to the principles of the multiple framework contract in cascade laid down in Section B.1 above, address its request to the contractor ranked second, then, if necessary and under the same conditions, to the one ranked third.

Eurojust is not obliged to consider proposals received after the lapse of the respective maximum response time.

b) Placing Orders

If an admissible proposal was received within the applicable maximum response time, Eurojust may at its own discretion decide whether or not to place an order for the respective translation service.

Eurojust will place its orders with the contractor and the contractor then has responsibility to have the document translated within the required deadline.

The implementation deadline indicated in the Request for Quotation/proposal shall commence only after the Order has been received by the contractor.

Confirmation of receipt and processing of the Eurojust Order must be confirmed by email, quoting the order number, and should include the date and time of its completion.

The Eurojust reference number must be stated on documents related to the order.

By placing an order Eurojust agrees to purchase the service(s) for the price(s) quoted. However, Eurojust must be notified in advance, in writing, of any subsequent changes and no services shall be rendered until the contractor has received a written confirmation by Eurojust.

B.1.2.2.2. Certified translations Where required by Eurojust, the tenderer shall provide certified translations of the requested documents. Certified means that the person translating a given document from a source language to a destination language signs a declaration that his/her translation is a true and faithful rendering of the original text.

B.1.2.2.3. Security requirements The tenderer shall provide translation services in accordance with Eurojust security rules. As a consequence, the translation of some documents may be subject to specific security procedures.

Eurojust classifies its documents as follows:

a) EUROJUST TOP SECRET: this classification shall be applied only to information and material the unauthorised disclosure of which could cause exceptionally grave prejudice to the essential interests of Eurojust, of the European Union, or of one or more of its Member States,

b) EUROJUST SECRET: this classification shall be applied only to information and material the unauthorised disclosure of which could seriously harm the essential interests of Eurojust, of the European Union, or of one or more of its Member States,

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c) EUROJUST CONFIDENTIAL: this classification shall be applied to information and material the unauthorised disclosure of which could harm the essential interests of Eurojust, of the European Union, or of one or more of its Member States,

d) EUROJUST RESTRICTED: this classification shall be applied to information and material the unauthorised disclosure of which could be disadvantageous to the interests of Eurojust, of the European Union, or of one or more of its Member States.

In such case, where requested by Eurojust, the translation services shall be carried out by translators who are in possession of a security clearance certificate issued by the competent national authorities of their home countries, and who will be required to sign the Eurojust confidentiality agreement.

Tenderers will need to arrange for appropriate means of transmission to and from the tenderer through a secure Internet uploading/downloading mechanism.

Depending on the level of security required by Eurojust, the translators proposed by the tenderer shall carry out the translation services at Eurojust’s premises in The Hague on Eurojust’s request.

The tenderer shall be responsible for checking and ensuring the security clearance of the proposed translators. Nevertheless, where requested by Eurojust, the tenderer shall provide Eurojust with the security clearance documentation concerning any of the proposed translators. The tenderer should note that Eurojust may request further information in respect of the security clearance documentation provided.

B.1.2.2.4. Follow-up service Upon request the tenderer shall provide Eurojust with monthly statistics concerning the translation services carried out on Eurojust’s request.

B.1.2.2.5. Place of performance Only when requested by Eurojust, translation services shall be carried out at Eurojust’s premises, as described in Section B.1.2.2.3. above [Security requirements].

B.1.3. VARIANTS TO THE REQUIREMENTS

Variations on the requirements as contained in Section B.1.2 are not allowed.

B.1.4. DIVISION INTO LOTS

This procurement procedure is not divided into lots.

B.2. CONTRACT

B.2.1. TYPE OF CONTRACT AND DURATION

Eurojust proposes to award a multiple framework contract with cascade with three economic operators for duration of two (2) years.

The contract may be automatically extended up to a maximum of twice, each time for a maximum period of twelve (12) months, unless written notification to the contrary is sent by one of the contracting parties at least three (3) months before expiry of the contract.

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The contract shall be extended under the same terms and conditions. In any case, extension does not imply any modification or deferment of existing obligations.

B.2.2. CONTRACT IMPLEMENTATION

This multiple framework contract in cascade with three (3) economic operators (provided that there is a sufficient number of economic operators who satisfy the selection criteria or a sufficient number of admissible tenders which meet the award criteria) will be implemented through orders.

The ordering process and the functioning of the cascade are described in their entirety in Section B.1.2.2.1.

Although the intention is to request services from successful tenderers, the framework contract does not confer on successful tenderers any exclusive right to provide the supplies specified in these Tender Specifications, and it does not impose any obligation on Eurojust to request such supplies, if there are not enough admissible tenders the implementation will be modified accordingly.

B.2.3. CONTRACT PRICES

Prices for the provision of the services listed in the technical proposal of the successful tenderer shall be as indicated in its financial proposal, drawn up according to the Pricing Form (Annex B) and the instructions provided in Section B.4.

Once the contract has entered into force, the prices indicated in the financial proposal of the successful tenderer may be revised under the conditions laid down in the contract (Annex C).

Tenderers shall note that Eurojust will pay for requests for amendment(s) of the original text to be translated.

Where foreseen in the Assignment, Eurojust will reimburse or bear accommodation and travel expenses for services to be carried out at Eurojust’s premises for security reasons, in accordance with the relevant provisions of the Model Contract (Annex C).

B.2.4. OTHER REQUIREMENTS – INFORMATION ON THE CONTRACT

The framework contractor shall identify a single contact point within its organisation for all communication with Eurojust. Similarly Eurojust will identify a single contact point on its side.

B.2.5. IMPORTANT NOTE

The very fact of submitting a tender in response to this call for tenders implies that you:

- Accept all terms and conditions as stipulated in these Tender Specifications and their annexes (including the Model Contract – Annex C);

- Waive your own terms of business.

The tenderers are requested to insert in their tenders a written statement of acceptance of the model contract (Annex H).

Eurojust reserves the right to decline without further comment any tender that does not accept its model contract.

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In case the (potential) tenderers would like to raise objections or ask questions about the Tender Specifications and their annexes they should comply with the procedure indicated in Section C.5.1.1. below.

B.3. YOUR TECHNICAL PROPOSAL

Your technical proposal should consist of a clear and comprehensive response to ALL requirements, as specified in Section B.1 [Scope of Work].

Your technical proposal shall be based on the Technical Proposal Form, which can be found in Annex A.

B.3.1. TECHNICAL PROPOSAL FORM (ANNEX A)

The technical proposal shall be based on Technical Proposal Form (Annex A) and shall consist of a clear and comprehensive response to ALL the requirements specified therein and in Section B.1 [Scope of Work] of the Tender Specifications.

While preparing your technical proposal, you shall bear in mind the award criteria against which it your tender will be evaluated (see Section B.6 of the Tender Specifications).

The front page of the technical proposal must be signed by a legal representative of the tenderer.

B.3.2. HOW TO PREPARE YOUR TECHNICAL PROPOSAL?

The Technical Proposal Form must be filled in according to the instructions contained in Annex A of the Tender Specifications.

While preparing your technical proposal, you shall bear in mind: the requirements specified in Section B.1.2; the award criteria indicated in Section B.6.

The front page of the technical proposal shall be signed by a legal representative of the tenderer.

B.4. YOUR FINANCIAL PROPOSAL

Your financial proposal shall be based on the Pricing Form, which can be found in Annex B.

B.4.1. PRICING FORM (ANNEX B)

Your financial proposal shall be based on the Pricing Form, which can be found in Annex B.

The Pricing Form is composed of four parts:

In Part B.I the tenderer shall propose its translation fees applicable to standard requests as per Section 1.2.1.4.

In Part B.II the tenderer shall propose its translation fees applicable to urgent requests as per Section 1.2.1.4.

In Part B.III the tenderer shall propose any additional fees such as certified translations as per Section 1.2.2.2.

Part B.IV is a pricing scenario based on estimated needs to which the rates offered in B.I to B.III will be applied.

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The Pricing Form must be filled in according to the instructions contained in Annex B of the Tender Specifications.

While preparing your financial proposal, you shall bear in mind the award criteria against which your tender will be evaluated (see Section B.6.).

Each page of the Pricing Form shall be signed by a legal representative of the tenderer.

B.4.2. HOW TO PREPARE YOUR FINANCIAL PROPOSAL?

The Pricing Form must be filled in according to the instructions contained in Annex B.

While preparing your financial proposal, you shall bear in mind: the award criteria indicated in Section B.6; the important notes specified in Section B.4.3 below.


B.4.3. IMPORTANT NOTES

You shall note that:

• The financial proposals will be compared on the basis of the pricing scenario in Annex B.IV Therefore the translation fees applicable to standard and urgent requests, as proposed in Annexes B.I and B.II of the Pricing Form as well as the Certification fees in Annex B.III will be multiplied with estimated numbers of words to be translated.

• All prices must be quoted as fee per word in Euro, rounded off to two (2) decimals and where necessary, using the conversion rates published in the C series of the Official Journal of the European Union on the day when the offer was issued. This information is also available on the Website of the European Central Bank.

• Charges not already included in your financial proposal will not be allowed in future quotations: therefore, you must be as complete in describing your price structure as possible.

• All prices must be quoted in Euro, and where necessary, using the conversion rates published in the C series of the Official Journal of the European Union on the day when the offer is issued. This information is also available on the website of the European Central Bank at the following URL: http://www.ecb.int/stats/eurofxref/.

• Your financial proposal shall exclude all duties, taxes and other charges (including VAT), as Eurojust is exempt from such charges. For tenderers to which the exemption does not apply under their national law, the financial proposal shall clearly state the prices exclusive of taxes, together with the corresponding tax.

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

B.5.1. ELIGIBILITY TO TENDER: EXCLUSION CRITERIA

Tenderers shall be excluded from this procurement procedure 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

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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 judgement 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 judgement 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 96(1) of the Financial Regulation (Council Regulation no 1605/2002).

In addition, a contract shall not be awarded to tenderers who, during the procurement procedure for this contract: are subject to a conflict of interest; are guilty of misrepresentation in supplying the information required by Eurojust as

a condition of participation in the procurement procedure or fail to supply this information;

find themselves in one of the situations of exclusion referred to in Article 93(1) of the Financial Regulation (Council Regulation no 1605/2002) for this procurement procedure.

Any attempt by a tenderer to obtain confidential information, enter into unlawful agreements with competitors or influence the evaluation committee or Eurojust during the process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of its tender and may result in administrative penalties.

Document to be provided: You shall provide - in original - a declaration on honour drawn up according to the template found in Annex D, dated and duly signed by the legal representative of the tenderer.

B.5.2. CAPACITY: SELECTION CRITERIA

You - as the tenderer - must have the overall capabilities (technical / professional, economic / financial, legal) to perform the contract. If one of the selection criteria listed below is not positive, your tender may not be further evaluated.

B.5.2.a. TECHNICAL AND PROFESSIONAL CAPACITY

Selection criteria: You – as the tenderer - must

• prove that you have a minimum experience of at least three (3) years in providing the services as stated in these Tender Specifications and your professional capacity should be appropriate to the required services.

• have proven experience in the provision of translation services in all 23 EU official languages in any combinations of source / destination language and in the language terminologies (legal and technical) mentioned in Section B.1.2.1.4. above [Terminology coverage]. Annex I to these Tender

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Specifications contains a detailed description of the standards applied by Eurojust, based on the European Commission’s standards for translators. Tenderers who do not meet the standards contained in Annex J will be excluded.

• Measures and procedures applied by the tenderer aiming to ensure the quality of translation products and services (i.e. quality assurance measures).

Documents to be provided: Brief history of the company, including length of time in business, overall size

and description of activities relating to the supplies of the type required in these Tender Specifications;

a detailed list of the main service contracts achieved in the past three years - specifying values, dates and recipients - covering the same type of services as requested in this invitation to tender, with special regard to translation services in all 23 EU official languages and the terminology required (legal and technical) in Section B.1.2.1.4. [Terminology coverage];

a description of the measures and procedures applied by the tenderer aiming to ensure the quality of translation products and services (i.e. quality assurance measures).

a description of the number and the profile of the tenderer’s translators, with special attention to their qualifications and skills; in particular, the tenderer shall demonstrate it meets the standards applied by Eurojust, based on the European Commission’s standards for translators, as contained in Annex J to these Tender Specifications;

copies of any certification awarded by official organisations, which may be relevant to the provision of translation services of the type required in this Tender Specifications.

B.5.2.b. ECONOMIC AND FINANCIAL CAPACITY

Selection criteria: You – as the tenderer - must prove that you are in a stable financial position and you have the financial capacity to provide the required services.

Documents to be provided: Copies of the balance sheets and economic outturn (profit & loss) statements

covering at least the last two years for which accounts have been closed where publication of them is required under the company law of the country in which the economic operator is established. These documents must be produced and/or certified by certified auditors or similar operators or as required by the law of the country where the economic operator is established;

The Financial Capacity Form (Annex E) duly filled in and signed by a legal representative of the tenderer or its auditors.

In case the tenderer is not able to provide the foregoing documents at the tender stage, e.g. if publication of these is not required under the company law of the country in which the economic operator is established etc., other documentation, proving the stable financial position may be acceptable. Such other proof may be a letter/statement by certified auditors confirming the required financial data or the financial stability of the respective economic operator.

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B.5.2.c. LEGAL CAPACITY

Selection criteria: You – as the tenderer - must prove that you are authorised to perform the contract under national law.

Documents to be provided: a certificate of registration in the relevant trade or professional registers in the

country of establishment/incorporation. If the tenderer is not required or allowed to register in such a register for reasons related to its statute or legal status, Eurojust shall accept, as satisfactory evidence, a sworn declaration or certificate, membership of a specific organisation, express authorisation, or entry in the VAT register.

B.5.3. IMPORTANT NOTE

The abovementioned documentation concerning exclusion and selection criteria (Sections B.5.1 and B.5.2) must specifically relate to the tenderer, i.e. to the company submitting a tender in the framework of this procurement procedure.

In case of a joint offer submitted by a consortium, the tenderer shall provide the information and documentation listed in Section E.1.2, in compliance with the terms and conditions specified in Section E.1.

In case of subcontracting, the tenderer shall provide the information and documentation listed in Section E.2.2, in compliance with the terms and conditions specified in Section E.2.

B.6. AWARD CRITERIA

Once you have proved your eligibility to tender on the grounds of the exclusion criteria and have demonstrated the appropriate capacity to perform the contract on grounds of selection criteria, your tender will be assessed on the basis of the award criteria, which serve to identify the most economically advantageous tender. The following award criteria will be applied:

A B C D

Criterion no Technical Award Criteria

Max score available

Minimum Score

1 Management and Quality of translation services 30 15

1.1

• Translation capacities at disposal in-house and when recourse to external (freelance) translators is to be made.

• Identification and selection of translators for Eurojust in the languages and terminologies which fall within the scope of this tender.

Subject of evaluation will be the content, comprehensibility and feasibility of the descriptions provided.

10 5

1.2

Intended administrative workflow, including estimated time frames, from the receipt of a request for quotation to the delivery of a completed translated text and the invoicing process. The tenderer is reminded to pay particular attention to

10 5

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Ordering Process in Section B.1.2.2.1 Tender Specification.

Subject of evaluation will be the content, comprehensibility and feasibility of the descriptions provided as well as their compliance with Eurojust’s requirements.

1.3

Quality of the translations from English into French and Polish of the two sample texts annexed to these Tender Specifications in Annex K. The translations shall be provided free of charge.

Subject of evaluation will be the quality of the translations provided by the tenderer.

10 5

2

Incident Management

10 5

Procedures for handling cases where Eurojust is not satisfied with the text translated, and the proposed follow-up service by indicating time-frames for corrections, possible rebates and corrections of invoices etc.

Subject of evaluation will be the content, comprehensibility and feasibility of the measures and procedures proposed.

3 Response times for translating large documents (Section B.1.2.1.4. Tender Specifications)

20 --

3.1

Maximum translation capacity in words per day2

This criterion will be assessed according to the formula set out below.

applicable to standard translation requests above 2,000 words.

10 --

3.2

Maximum translation capacity in words per day2 applicable to urgent translation requests above 1,500 words.


10 --

4 Security requirements (Section B.1.2.2.3. Tender Specifications)

30 15

4.1

Which staff will handle Eurojust’s requests for translation of classified documents as per Section B.1.2.2.3, in particular • who will have access to these documents, • what security clearances are in place, • if and what confidentiality agreements have been signed

with translators and/or staff, • if and what security clearance documentation the tenderer

may provide Eurojust upon request, • if and what kind of screening procedure will be carried out

in order to identify security cleared translators.

Subject of evaluation will be the content, comprehensibility and feasibility of the description provided.

15 7.5

4.2 Planned handling of Eurojust’s classified documents within its organisation. What measures will be in place to ensure their

15 7.5

2 Tenderers shall state one single maximum translation capacity applicable to all language combinations. Tenderers failing provide such single maximum translation capacity will be scored 0 points in this criterion.

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confidentiality (i.e. secure upload facility, encryption systems etc.).

Subject of evaluation will be the content, comprehensibility and feasibility of the measures proposed.

5 Coverage of non-EU official languages 10 --

5.1

Coverage of optional Languages as stated in Section B.1.2.1.2. Tender Specifications: • Croatian • Macedonian (fYROM language) • Montenegrin • Turkish • Albanian • Serbian • Bosnian • Russian • Norwegian • Ukrainian


5 --

5.2

Coverage of languages other than the 23 official EU-languages and optional languages as listed in Section B.1.2.1.2. Tender Specifications.

Subject of evaluation will be the content, comprehensiveness of the tenderer’s translation capabilities.

5 --

100 35

a) Criteria 1.1, 1.2, 1.3, 2, 4.1, 4.2, 4.3, 5.2 will be evaluated as

follows: Above mentioned criteria will be evaluated by an evaluation committee in order to establish a general appreciation of their strengths and weaknesses. b) Criteria 3.1, 3.2, 5.1 will be evaluated as follows:

i.) Criteria 3.1 and 3.2

The tender offering the highest translation capacity (in number of words per day) is automatically awarded the maximum score of 10 points. The others are awarded points by means of the following formula: maximum number of words of the offer in question Score translation capacity = ------------------------------------------------------- x 10 highest number of words

ii.) Criterion 5.1 The tender offering the highest number of translation combinations is automatically awarded the maximum score of 5 points. The others are awarded points by means of the following formula:

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number of translation combinations of the offer in question Score translation combinations = ------------------------------------------------------- x 5 highest number of translation combinations

c) Final technical Evaluation Tenderers scoring less than the required minimum score in the respective criteria (see column D in the table above) will be excluded from the rest of the evaluation procedure.

Price award criterion

The total price will be calculated on the basis of the total price indicated in the Financial Proposal.

The Final Score will be then multiplied by 100 000 for better visualisation of the results.

The contract will be awarded to the tender which is the most cost-effective (offers the best value for money) on the basis of the ratio between the total points scored for quality and the total price.

Final evaluation

Quality points/ Price = Final score

The contract will be awarded to the tender offering the highest ratio.

B.7. TIMETABLE

Milestone Deadline (*) Notes

Deadline for sending requests for additional clarifications

24/01/2012

at 12.00 CET

The modalities for sending requests for additional clarifications are specified in Section C.5.

Deadline for dispatching tenders 08/02/2012

at 14.00 CET

The modalities for preparing and dispatching tenders are specified in Sections C.1, C.2, C.3. and C.4.

Deadline for registering at the public opening session

14/02/2012

at 12.00 CET

The modalities for attending and registering for the public opening session are specified in Section D.1.

Public opening session 17/02/2012

at 11.00 CET

The public opening session will take place at Eurojust’s premises, Saturnustraat 9, 2516 AD, The Hague (NL).

First meeting of the evaluation committee

Within 4 weeks following the public

opening session

Estimated

Notification of the outcome of the procurement procedure to the successful and unsuccessful tenderers

Within 1 week after the award

decision is signed

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Milestone Deadline (*) Notes

Signature of the contract for the required services [and/or supplies]

2nd quarter of 2012 Estimated

(*) Deadline: All times are expressed in the local time in The Netherlands

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SECTION C – INSTRUCTIONS ON HOW TO TENDER

C.1. CONTENTS OF YOUR TENDER

Tenders shall comprise the following three elements:

(i) Information and documentation about the tenderer’s eligibility and capacity (Envelope A), including:

• Declaration on the tenderer’s eligibility to tender as specified in Section B.5.1, using the template found in Annex D, in original;

• All documentation on the tenderer’s capacity as specified in Section B.5.2 including the form found in Annex E. Copies of original certificates/documents issued by an official authority in the country of origin or provenance may be accepted.

• Written statement on the tenderer’s acceptance of the Eurojust’s model contract without any reservations;

• The tenderer’s administrative data form found in Annex F to be filled in. • If applicable, information and documentation on members of consortia

and subcontractors as specified in Section E.

(ii) Technical proposal (Envelope B), prepared following the indications found in Section B.3 and based on the form found in Annex A.

(iii) Financial proposal (Envelope C), prepared following the indications found in Section B.4 and based on the form found in Annex B.

To ensure that all documentation required for this procurement procedure is provided, a checklist is annexed to these Tender Specifications as Annex G.

C.1.1. IMPORTANT NOTE

• Tenders shall be submitted strictly in accordance with the conditions set out in these Tender Specifications (including the annexes). If any other conditions are attached to or referred to in the tenderer’s tender, the tenderer should declare that such conditions are entirely withdrawn.

• The period of validity of the tender, during which the tenderer may not modify the terms of the tender in any respect, must be at least five months following the deadline for dispatching tenders. The successful tenderer must maintain its offer for a further four months from the date of the written notification of Eurojust’s intention to award it the contract.

• Eurojust reserves the right to decline without further comment any proposal that does not accept its model contract.

C.2. LANGUAGE OF YOUR TENDER

Tenders must be submitted in one of the official languages of the European Union. Since Eurojust’s working language is English, Eurojust would highly appreciate to receive tenders written in English.

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C.3. HOW TO PACKAGE YOUR TENDER?

Tenders must be submitted using the double envelope3

The outer envelope shall be sealed with adhesive tape, signed across the seal and carry the following information:

system – i.e. one outer envelope and three inner envelopes - in order to guarantee the confidentiality and integrity of data.

TENDER FOR EUROJUST Tender Ref. No. 2011/EJ/73

Tender Title: Provision of Translation Services for Eurojust

TENDER – NOT TO BE OPENED BY THE INTERNAL MAIL DEPARTMENT

Name of the Tenderer: ------------------------------------------------------------

Address of the Tenderer: ------------------------------------------------------------

------------------------------------------------------------

------------------------------------------------------------

The three innermost envelopes shall be composed of:

• Envelope A. Eligibility and capacity, containing one original (clearly marked as Òriginal’) and three copies (each marked as `Copy’) of the supporting information and documentation related to the tenderer’s eligibility and capacity, as described in Section C.1.

• Envelope B. Technical Proposal, containing one original (signed as indicated in Section B.3.2 and clearly marked as Òriginal`) and three copies (each marked as `Copy`) of the technical proposal, prepared following the indications found in Section B.3 and based on the Technical Proposal Form found in Annex A.

• Envelope C. Financial Proposal, containing one original (signed as indicated in Section B.4.2 and clearly marked as Òriginal’) and three copies (each marked as `Copy’) of the financial proposal, prepared following the indications found in Section B.4 and based on the Pricing Form found in Annex B.

C.4. HOW TO DISPATCH YOUR TENDER?

The tenderer shall dispatch its tender not later than the date and time indicated in Section B.7.

The tenderer may choose to dispatch its tender by registered mail, courier service or hand delivery, to the following addresses:

• By registered mail to: Eurojust - Procurement Office

3 Appropriate packages may be used (e.g. boxes) if necessary

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PO Box 16183 2500 BD The Hague, The Netherlands

• By hand delivery or courier service to: Eurojust - Procurement Office Maanweg 174 (Mail reception at Regulusweg – Post 6)4

2516 AB The Hague

The Netherlands

Tenders sent by other means (e.g. by e-mail or fax) or dispatched later than the deadline indicated in Section B.7 will be rejected.

N.B. The tenderer shall note that in case of tenders dispatched through registered mail or courier service, if the proof of dispatch is duly provided to Eurojust as explained in Section C.4.1.a below, tenders will be accepted even if – due to unexpected delays – they arrive after the date of the opening session.

If no proof of dispatch is provided to Eurojust AND the tenders arrive after the opening session takes place, tenders will be rejected.

C.4.1. IMPORTANT NOTE: PROOF OF DISPATCH

C.4.1.a. REGISTERED MAIL AND COURIER SERVICE

The tenderer shall dispatch its tender to the postal or courier service by the deadline indicated in Section B.7 at the latest.

As a proof of dispatch, date and time of dispatch shall be clearly indicated in the outer envelope of the tender.

In addition, the tenderer shall obtain a receipt of delivery issued by the postal or courier service clearly indicating the date and time of dispatch. By the deadline indicated in Section B.7, the tenderer must send a copy of this receipt to Eurojust by e-mail ([email protected]) or by fax (+31 70 412 5585), specifying the title and reference number of this procurement procedure, together with the name, e-mail address and telephone number of the tenderer.

C.4.1.b. HAND DELIVERY

The tenderer shall hand in its tender to the Eurojust official taking delivery by the deadline indicated in Section B.7 at the latest.

As a proof of dispatch, the tenderer shall request a receipt, signed and dated by the Eurojust official taking delivery, clearly indicating the date and time when the Eurojust official took delivery of the tender. Please refer to Annex L.

In order to ensure punctual hand delivery, the tenderer is strongly advised to take into account the time needed for security checks when entering the Eurojust building and for the actual handover of its tender to the Eurojust official in charge of taking delivery. Eurojust may not be held liable for any delays incurred by the tenderer when in Eurojust’s premises; the tenderer alone is responsible for ensuring that its tender is delivered on time.

4 Opening hours: from Monday to Friday from 09.00 to 15.00, except on Eurojust official holidays 23-31 December 2011; 2 January; 5, 6, 9, 30 April; 1, 9, 17, 18, 28 May; 15 August; 1, 2 November 2012

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C.5. CONTACTS BETWEEN EUROJUST AND TENDERERS

Contacts between Eurojust and the tenderer may only take place in exceptional circumstances, under the following conditions:

C.5.1. BEFORE THE DEADLINE FOR DISPATCHING TENDERS

C.5.1.1. REQUESTS FOR CLARIFICATIONS

Should the tenderer discover any discrepancies in the Tender Specifications or be in any doubt as to their meaning, the tenderer should notify Eurojust.

The tenderer may also request additional information and/or clarifications on the procurement procedure, the Tender Specifications or the nature of the contract.

Such requests shall be made in writing only; no telephone queries will be accepted.

The requests shall indicate the tender reference number and title, and shall be sent by e-mail, fax or mail to:

Eurojust - Procurement Office PO Box 16183 2500 BD The Hague, The Netherlands Fax: +31 70 412 5585 E-mail: [email protected]

All queries shall be sent to Eurojust no later than the deadline indicated in Section B.7. Tenderers shall note that Eurojust is not bound to reply to requests for additional clarifications made less than 5 working days before the deadline for dispatching tenders.

C.5.1.2. AMENDMENT OF THE TENDER SPECIFICATIONS

At any time prior to the deadline for dispatching tenders, Eurojust may modify the Tender Specifications by amendment.

In order to allow tenderers reasonable time in which to take the amendment into account in preparing their tenders, Eurojust, at its discretion, may extend the deadline for dispatching tenders.

N.B. The information concerning requests for clarifications and/or amendments of the Tender Specifications will be made available electronically on the Eurojust web site (http://www.eurojust.europa.eu/ten_ongoing.htm) no later than 6 days before the deadline for dispatching tenders.

Eurojust web site will be updated regularly. It is the tenderer’s responsibility to check for updates and modifications during the tendering period.

Clarifications and/or amendments will be regarded as an integral part of the Tender Specifications.

C.5.2. AFTER THE DEADLINE FOR DISPATCHING TENDERS

If, after the deadline for dispatching tenders, a clarification is needed by Eurojust or if obvious clerical errors in the tender need to be corrected, Eurojust may contact the tenderer, although such contacts may not lead to any alterations of the terms of the submitted tender.

mailto:[email protected]�

http://www.eurojust.europa.eu/ten_ongoing.htm�

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

Consortia of economic operators are authorised to submit tenders (joint offers) in compliance with the terms and conditions specified in Section E.1.

The tenderer may subcontract the tasks specified in Section B.1 [Scope of Work] to other economic operators in compliance with the terms and conditions for subcontracting specified in Section E.2.

SECTION D – HOW WILL TENDERS BE EVALUATED?

D.1. PUBLIC OPENING SESSION

Tenders are opened by an opening board, whose members are appointed by Eurojust on a personal basis under guarantee of impartiality and confidentiality.

D.1.1. FORMAL OPENING REQUIREMENTS

The main aim of the opening session is to check whether the tenders received are compliant with the following formal requirements:

1. the tender was not dispatched later than the dispatch deadline indicated in Section B.7,

2. the package containing the tender is sealed, in order to guarantee the confidentiality and integrity of data,

3. the tender contains information and documentation on the tenderer’s eligibility and capacity (Envelope A), a technical proposal (Envelope B) and a financial proposal (Envelope C), as indicated in Section C.3,

4. the technical proposal and the financial proposal are signed as indicated in Section C.3,

5. the tender is submitted in the number of copies required in Section C.3.

If tenders are not compliant with requirements no. 1 and 2, they will be rejected.

D.1.2. MODALITIES TO ATTEND THE PUBLIC OPENING SESSION

The public opening session will take place at Eurojust’s premises on the date and time indicated Section B.7.

One representative per tenderer is allowed to attend the opening session as an observer.

Should a tenderer wish to be present, it shall inform Eurojust of the name of its representative by email ([email protected]) or by fax (+31 70 412 5585), not later than the date and time indicated in Section B.7.

For security reasons, tenderers who do not register within the given deadline, will not be allowed to attend the opening session.

mailto:[email protected]�

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D.2. TENDER EVALUATION SESSION

Tenders complying with the formal opening requirements checked during the opening session are evaluated in three stages by an evaluation committee, whose members are appointed by Eurojust on a personal basis under guarantee of impartiality and confidentiality.

(i) The evaluation committee first discusses the eligibility of the tenderer to participate in the procurement procedure as defined in Section B.5.1.

(ii) The evaluation committee then checks the capacity of the tenderer to perform the contract against the selection criteria as defined in Section B.5.2. If one of the relevant criteria is not positive, its tender may not be further evaluated.

(iii) Afterwards, each member of the evaluation committee evaluates the technical and financial proposals and awards a score against the award criteria as defined in Section B.6. The most economically advantageous tender is established.

In case of joint offers submitted by consortia and in case of subcontracting, the exclusion, selection and award criteria are assessed in compliance with the terms and conditions specified in Section E.

N.B. The evaluation procedure is confidential. The deliberations of the evaluation committee are held in closed session and its recommendations are collective. The members of the evaluation committee are bound to secrecy.

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

E.1. JOINT OFFERS SUBMITTED BY CONSORTIA

E.1.1. INTRODUCTION

Groups of economic operators (consortia) are authorised to submit tenders (joint offers). In this case, each member of the consortium shall fulfil the requirements and accept the terms and conditions set out in the Invitation to Tender, the Tender Specifications, the Model Contract as well as all the relevant annexes.

The members of the consortium shall designate one member as Consortium Leader with full authority to bind the consortium and each of its members. The Consortium Leader shall act as a single point of contact with Eurojust in connection with the present procurement procedure.

Eurojust may not demand that consortia must have a given legal form in order to be allowed to submit a tender. However, the consortium selected may be required to adopt a given legal form after it has been awarded the contract and before the contract is signed, if this change is necessary to the proper performance of the contract.

E.1.2. DOCUMENTATION / INFORMATION TO BE PROVIDED

In the section of the tender related to the tenderer’s eligibility and corporate capability (Envelope A), the consortium shall clearly specify the role and tasks of each member of the consortium.

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In addition, each member of the consortium must provide the following documentation:

Documentation related to its eligibility to tender, as specified in Section B.5.1;

Documentation related to its legal capacity, as specified in Section B.5.2; Documentation related to its economic and financial capacity, as specified in

Section B.5.2; Documentation related to its technical and professional capacity

(documentation to be provided by each member of the consortium to the extent of its respective share of tasks), as specified in Section B.5.2.

A letter of intent, designating the Consortium Leader and ensuring the proper execution of the respective share of tasks if the Consortium is awarded the contract.

E.1.3. EVALUATION

Joint offers submitted by consortia will be assessed as follows:

The exclusion criteria (Section B.5.1) and the selection criteria for the legal capacity (Section B.5.2) will be assessed in relation to each member of the consortium individually;

The selection criteria for the economic and financial capacity (Section B.5.2) will be assessed as follows: - For criteria set as minimum viability standards on financial and economic

standing (e.g. by means of appropriate statements from banks or balance sheets), an individual evaluation will be made;

- For criteria that are deemed to be achieved above a certain level (e.g. overall turnover or turnover with respect to the specific tender), a consolidated assessment – all members of the consortium together – will be made;

The selection criteria for the technical and professional capacity (Section B.5.2) will be assessed in relation to the combined capacities of all members of the consortium, as a whole;

The award criteria (Section B.6) will be assessed in relation to the tender.

Since all members of the consortium are jointly and severally liable towards Eurojust for the performance of the contract, statements included in the joint offer saying, for instance: - that each member of the consortium will be responsible only for a specific part of

the contract, or - that a separate contract should be signed with each member of the consortium if

the joint offer is successful, are incompatible with the principle of joint and several liability.

Eurojust will disregard any such statement contained in a joint offer, and it reserves the right to reject such offers without further evaluation, on the grounds that they do no comply with the Tender Specifications.

N.B. If a member of the consortium does not fulfil one of the exclusion or selection criteria, the whole consortium shall be excluded.

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E.1.4. CONTRACT IMPLEMENTATION

Once the Contract has entered into force, all members of the consortium shall be jointly and severally liable towards Eurojust for the performance of the Contract, they shall comply with the terms and conditions of the Contract and ensure the proper execution of their respective share of the services.

The Consortium Leader – duly authorised by the other members of the consortium – will be entitled to sign any contractual documents; it shall act as a single point of contact with Eurojust in connection with the services to be provided under the Contract; it shall co-ordinate the provision of the services by the consortium members to Eurojust; it shall guarantee a proper administration of the Contract.

The composition of the consortium and the allocation of tasks among the members of the consortium shall not be altered without prior written information to Eurojust.

E.2. SUBCONTRACTING

E.2.1. INTRODUCTION

The tenderer may subcontract the tasks specified in Section B.1 [Scope of Work] to other economic operators, as long as the supplies and/or services are provided in accordance with the Tender Specifications and have no impact on the prices proposed in its financial proposal.

E.2.2. DOCUMENTATION / INFORMATION TO BE PROVIDED

In the section of the tender related to the tenderer’s eligibility and capacity (Envelope A), the tenderer shall:

(i) state which tasks it intends to subcontract and clearly indicate the roles, activities and responsibilities of the subcontractor(s),

(ii) specify the volume or proportion of the activities likely to be subcontracted.

E.2.3. EVALUATION

In case of subcontracting, the tender will be assessed as follows:

The award criteria (Section B.6) will be assessed in relation to the tender.

E.2.4. CONTRACT IMPLEMENTATION

Once the contract has entered into force, the successful tenderer shall retain full liability towards Eurojust for the performance of the contract as a whole. Eurojust will not have any direct legal commitment with the subcontractor(s). During the execution of the contract, the contractor will need Eurojust’s express authorisation to replace a subcontractor with another subcontractor and/or to subcontract tasks for which subcontracting was not envisaged in the original tender, in compliance with the provisions on subcontracting foreseen in the contract.

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SECTION F – SIGNATURE OF THE CONTRACT WITH THE SUCCESSFUL TENDERER: PROVISION OF DOCUMENTATION Eligibility documentation (exclusion criteria) The successful tenderer to whom Eurojust intends to award the contract will have to provide – within a short time limit defined by Eurojust and preceding the signature of the contract – the following documentation (original documents) related to the exclusion criteria listed in Section B.5.1 of the Tender Specifications:

1. For the situations described in point (a), (b) or (e) of Section B.5.1 of the Tender Specifications, Eurojust shall accept, as satisfactory 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 those requirements are satisfied (eligibility documents 1).

2. For the situation described in point (d) of Section B.5.1 of the Tender Specifications, Eurojust shall accept, as satisfactory evidence, a recent certificate issued by the competent authority of the State concerned (eligibility documents 2).

However, where the eligibility documents 1 and 2 are not issued in the country concerned, Eurojust shall accept, as satisfactory evidence for the situations described in points a) to e) of Section B.5.1 of the Tender Specifications, a sworn or, failing that, a solemn statement made by the successful tenderer before a judicial or administrative authority, a notary or a qualified professional body in its country of origin or provenance, clearly stating that the requested eligibility documents are not issued in the country concerned and that the successful tenderer is not in one of the above-described situations. Depending on the national legislation of the country in which the successful tenderer is established, these documents must relate to legal persons and/or natural persons.

Please note that the signature of the contract between Eurojust and the successful tenderer will be conditional upon provision of the documentary evidence from the successful tenderer.

IMPORTANT NOTICE: AS THE TIME LIMIT FOR SUBMITTING THE ABOVE-MENTIONED DOCUMENTATION IS RATHER SHORT (GENERALLY NOT MORE THAN 15 CALENDAR DAYS FROM THE NOTIFICATION OF THE CONTRACT AWARD), WE STRONGLY RECOMMEND THAT THE TENDERER STARTS GATHERING THE REQUESTED DOCUMENTS (especially in case of joint venture/subcontracting, including the relevant documents for consortium partners/subcontractors as laid down in section E) AS SOON AS POSSIBLE, IN ORDER TO HAVE THE DOCUMENTS READY TO BE SENT TO EUROJUST IN CASE IT IS AWARDED THE CONTRACT. This will allow reducing the time line to sign the awarded contract with Eurojust. However, Eurojust shall not sign the Contract with the successful tenderer until a standstill period of 14 calendar days has elapsed, running from the day after the simultaneous dispatch of the notification to tenderers (those rejected and the successful tenderer).

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Capacity documentation (selection criteria)

On Eurojust’s request, the successful tenderer shall submit the original certificates / documents to Eurojust for conformity check prior to the signature of the contract.

In such case, please note that the signature of the contract between Eurojust and the successful tenderer will be conditional upon provision of the original certificates / documents from the successful tenderer. Additional administrative documentation

On Eurojust’s request and within the time limit defined by Eurojust, the successful tenderer shall provide additional administrative documentation (e.g. legal entity form, financial identification form, VAT registration, etc.). Please note that the provision of the additional administrative documentation is necessary in order to prepare the contract and to authorise payments.

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Annex A Technical Proposal

To be completed by the tenderer and constituting an integral part of the technical offer. References for the requirements for the services subject to this tender can be found in Tender Specifications Section B.1.2 "Requirements". Tenderers are reminded that their answers given in this Annex A will be considered in the evaluation of their offer. Moreover, in case of being awarded the framework contract, the successful tenderers are bound to provide the services in accordance with its answers given in this Annex, as this will become an Annex to the Framework Contract and hence form part thereof.

Criterion no Technical Award Criteria

Max score

available

1 Management and Quality of translation services 30

1.1

The tenderer shall describe • the translation capacities it has at its disposal in-house and when

recourse to external (freelance) translators is to be made. • how translators will be identified and selected for Eurojust in the

languages and terminologies which fall within the scope of this tender.

10

Please describe

1.2

The tenderer shall describe the intended administrative workflow, including estimated time frames, from the receipt of a request for quotation to the delivery of a completed translated text and the invoicing process. The tenderer is reminded to pay particular to Ordering Process in Section B.1.2.2.1 Tender Specification.

10

Please describe

1.3

Translations from English into French and Polish of the two sample texts annexed to these Tender Specifications in Annex K. The translations shall be provided free of charge.

10

Please translate

2 Incident Management 10

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The tenderer shall describe below its procedures for handling cases where Eurojust is not satisfied with the text translated, and its proposed follow-up service by indicating time-frames for corrections, possible rebates and corrections of invoices etc.) Please describe

3 Response times for translating large documents (Section B.1.2.1.4. Tender Specifications)

20

3.1

The tenderer shall state below the maximum translation capacity in words per day applicable to standard translation requests above 2,000 words. 10

.......... words per day

3.2

The tenderer shall state below the maximum translation capacity in words per day applicable to urgent translation requests above 1,500 words.

10

.......... words per day

4 Security requirements (Section B.1.2.2.3. Tender Specifications) 30

4.1

The tenderer shall describe which staff will handle Eurojust’s requests for translation of classified documents, in particular • who will have access to these documents, • what security clearances are in place, • if and what confidentiality agreements have been signed with

translators and/or staff, • if and what security clearance documentation the tenderer may

provide Eurojust upon request, • if and what kind of screening procedure will be carried out in order to

identify security cleared translators.

15

Please describe

4.2

The tenderer shall describe the planned handling of Eurojust’s classified documents within its organisation. What measures will be in place to ensure their confidentiality (i.e. secure upload facility, encryption systems etc.).

15

Please describe

5 Coverage of non-EU official languages: 10

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5.1

Tenderer’s are required to mark in the white cells in the table below all language combinations with “X” that can be covered by them.

From English to the following languages and reverse (check as applicable):

Destination Language

So

urc

e L

an

gu

ag

e

EN AL BA HR MK MN NO RU RS TR UA

EN

AL

BA

HR

MK

MN

NO

RU

RS

TR

UA

5

5.2

Please describe you translation capabilities beyond the 23 official EU-languages and optional languages as listed in Section B.1.2.1.2. Tender Specifications. 5

Please describe

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Annex B

Please see the attached xls-file

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Annex C

See the attached file Annex C Model Contract

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Annex D

(TEMPLATE)

(To be submitted on the headed notepaper of the legal entity concerned)

DECLARATION OF HONOUR with respect to

the Exclusion Criteria and absence of conflict of interest

<Date>

Dear Sir/Madam,

In response to Your invitation to tender no. 2011/EJ/72 for the Supply of Books to Eurojust,

The undersigned [name of the signatory of this form, to be completed]:

in his/her own name (if the economic operator is a natural person or in case of own declaration of a director or person with powers of representation, decision making or control over the economic operator5

or )

representing (if the economic operator is a legal person) official name in full (only for legal person): official legal form (only for legal person): official address in full: VAT registration number: declares that the company or organisation that he/she represents / he/she: is not in any of the situations referred to in Articles 93 and 94 of the Financial Regulation (Council Regulation no 1605/2002); namely:

5 To be used depending on the national legislation of the country in which the candidate or tenderer is

established and where considered necessary by the contracting authority (see art. 134(4) of the Implementing Rules).

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a) is not bankrupt or being wound up, is not having its affairs administered by the

courts, has not entered into an arrangement with creditors, has not suspended business activities, is not the subject of proceedings concerning those matters, and is not in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

b) has not been convicted of an offence concerning professional conduct by a judgment which has the force of res judicata;

c) has not been guilty of grave professional misconduct proven by any means which the contracting authorities can justify;

d) has fulfilled all its 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 it is established, with those of the country of the contracting authority and those of the country where the contract is to be carried out;

e) has not been the subject of a judgement 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) is not a subject of the administrative penalty for being guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the procurement procedure or failing to supply an information, or being declared to be in serious breach of his obligation under contract covered by the budget.

In addition, the undersigned declares on their honour: g) they have no 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;

h) they 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;

i) they have not made and will not make any offer of any type whatsoever from which

an advantage can be derived under the contract; j) they have not granted and will not grant, have not sought and will not seek, have

not attempted and will not attempt to obtain, and have 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 award of the contract;

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k) that the information provided to Eurojust within the context of this invitation to tender is accurate, sincere and complete;

l) that in case of award of contract, they shall provide upon request the evidence that

they are not in any of the situations described in points a, b, d, e above. For situations described in (a), (b) and (e), production of a recent extract from the judicial record is required or, failing that, a recent equivalent document issued by a judicial or administrative authority in the country of origin or provenance showing that those requirements are satisfied. Where the Tenderer is a legal person and the national legislation of the country in which the Tenderer is established does not allow the provision of such documents for legal persons, the documents should be provided for natural persons, such as the company directors or any person with powers of representation, decision making or control in relation to the Tenderer. For the situation described in point (d) above, recent certificates or letters 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 Tenderer is liable, including for example, VAT, income tax (natural persons only), company tax (legal persons only) and social security contributions. For any of the situations (a), (b), (d) or (e), where any document described in two paragraphs above is not issued in the country concerned, it 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.]

By signing this form, the undersigned acknowledges that they have been acquainted with the administrative and financial penalties described under art 133 and 134 b of the Implementing Rules (Commission Regulation 2342/2002 of 23/12/02), which may be applied if any of the declarations or information provided prove to be false. Yours faithfully

<Signature of authorised representative>

Name and position of authorised representative Date

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Annex E

Financial Capacity Form Please refer to the attached xls. file.

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ANNEX F

TENDERERS’ ADMINISTRATIVE DATA

Tenderer Name

Address

Post Code

Tel.

Fax

E-mail

Web Site (if applicable)

Legal Status of the tenderer

Statutory registration number

VAT registration number

Name and contact details of the Contact Person for this tender:

Name of the person:

Function:

e-mail address:

Telephone:

Fax:

Name and contact details of the Contact Person for this Contract (in case it is awarded to you):

Name of the person:

Function:

e-mail address:

Telephone:

Fax:

Name and title of the Legal Signatory(ies) of the contract

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Name(s) and title(s)

Name of bank

Address of branch in full

Exact designation of account holder

Full account number

IBAN code

SWIFT code

Signed (authorised signature) on behalf of the TendereName

Position

Signature

Date

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Annex G: Check list

To be checked BEFORE dispatching the tender

I. The tender must be dispatched BEFORE the dispatch deadline indicated in Section B.7 of the Tender Specifications.

II. The tender must be submitted in one outer envelope, which contains three separate inner envelopes clearly marked A, B and C.

III. The outer envelope must:

Be sealed with adhesive tape and sign across the seal in order to guarantee the confidentiality and integrity of data.

Carry the following information:

TENDER FOR EUROJUST Tender Ref. No. 2011/EJ/73 Tender Title: Provision of Translation Servies for Eurojust

TENDER – NOT TO BE OPENED BY INTERNAL MAIL DEPARTMENT

Name of the Tenderer: --------------------------------------------------------- Address of the Tenderer: --------------------------------------------------------- ---------------------------------------------------------- ----------------------------------------------------------

IV. Envelope A (Eligibility and Capacity) must contain:

1 original (clearly marked as “Original”) and 3 copies (each marked as “Copy”) of the following documents:

(a) Declaration on the tenderer’s eligibility to tender as specified in Section B.5.1 of the Tender Specifications, using the template found in Annex D.

(b) The following documentation on the tenderer’s capacity:

о Brief history of the company, including length of time in business, overall size and description of activities relating to the supplies of the type required in these Tender Specifications.

о A detailed list of the main service contracts achieved in the past three (3) years specifying the value, dates and recipients - covering the same type of services as requested in this invitation to tender, with special regard to translation services in all 23 EU official languages and the terminology required (legal and technical) in Section B.1.2.1.4.

о a description of the measures and procedures applied by the tenderer aiming to ensure the quality of translation products and services (i.e. quality assurance measures).

о a description of the number and the profile of the tenderer’s translators, with special attention to their qualifications and skills; in particular, the tenderer shall demonstrate it meets the standards applied by Eurojust, based on the European Commission’s standards for translators, as contained in Annex J to these Tender Specifications;

о copies of any certification awarded by official organisations, which may be relevant to the provision of translation services of the type required in this

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invitation to tender.

о Balance sheets and economic outturn (profit & loss) statements covering at least the last two years for which accounts have been closed.

о The Financial Capacity Form (Annex E) duly filled in and signed by a legal representative of the tenderer.

о A certificate of registration in the relevant trade or professional registers in the country of establishment/incorporation. If the tenderer is not required or allowed to register in such a register for reasons related to its statute or legal status, Eurojust shall accept, as satisfactory evidence, a sworn declaration or certificate, membership of a specific organisation, express authorisation, or entry in the VAT register.

(c) A written statement on the tenderer’s acceptance of the Eurojust’s model contract in Annex H.

(d) The tenderer’s administrative data, using the form found in Annex F.

(e) If applicable, information and documentation on members of consortia and subcontractors, as required in Section E of the Tender Specifications.

V. Envelope B (Technical Proposal) must contain:

1 original (clearly marked as `Original`) and 3 copies (each marked as “Copy”) of the technical proposal, drawn up as indicated in Section B.3 of the Tender Specifications, using the Technical Proposal Form found in Annex A.

Each page / The front page of the technical proposal shall be signed by a legal representative of the tenderer.

VI. Envelope C (Financial Proposal) must contain:

1 original (clearly marked as “Original”) and 3 copies (each marked as “Copy”) of the financial proposal, drawn up as indicated in Section B.4 of the Tender Specifications, using the Pricing Form found in Annex B.


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ANNEX H

Statement on the Acceptance of Eurojust’s Model Contract

(To be duly filled–in/ completed and signed by the tenderer)

The undersigned: …………………………………………………………………………....................., representing (name of the tenderer): .........................................................

Hereby declares that the tenderer has examined and accepts in full the content of the dossier for invitation to tender No ……………. The tenderer hereby accepts the provisions set in the model contract in their entirety, without reservation or restriction.



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ANNEX I

Model of Letter of Intent for Subcontractor/s

(To be duly filled–in/ completed and signed by each respective Subcontractor

in line with Article E.2.2 of the Tender Specifications) The undersigned: …………………………………………………………………………. Name of the company/organisation: ……………………………………………………… Address: ……………………………………………………………………………………

Declares hereby the intention to collaborate in the execution of the tasks subject to the above call for tenders, in accordance with the terms of the offer to which the present form is annexed, if the contract is awarded to …....................................…. (name of the tenderer).

The undersigned company/ organization ................................................ (name of the subcontractor), acting as subcontractor to ................................................... (name of tenderer) hereby:

Declares the intention to participate in the contract for the implementation of the following activities / tasks and to have the following responsibilities: (please describe below): .............................................................................................................. ........................................................................................................

Declares the intention to be at the Tenderer / Contractor’s disposal for the performance of the contract, undertaking to contribute with (to be filled in)......................% of the work by value.

Declares hereby the acceptance of the draft contract conditions attached to the tender specifications for this call for tenders, and in particular Article II.18 in relation with checks and audits.



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ANNEX J

Qualifications and skills of translators based on European Commission standards

Profile for translators Translators are required to translate texts of a political or legal nature that are frequently complex and encompass the organisation’s area of activity.

The basic profile is that of high-calibre university graduates with an appropriate qualification in any scientific or arts discipline relevant to the work of an EU judicial institution. Language skills Perfect command of all aspects and stylistic levels of the first language.

Thorough knowledge of two or more other languages, preferably English, French or German, or − if only one of those − of that language plus one of the other official EU languages. Thematic skills Familiarity with economics, financial affairs, legal matters, technical or scientific fields. Translation skills A capacity to understand texts in the source language and to render them correctly in the target language, using the register and other language conventions that correspond to their intended purpose.

A capacity to obtain rapidly and efficiently, in both source language and target language, the background knowledge (facts, terminology, language conventions) necessary to produce a translation of professional standard, even in less widely known fields. This includes the ability to use research tools and to become familiar with research strategies.

A capacity to master computer-assisted translation and terminology tools, as well as standard office-automation software.

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ANNEX K

Sample texts to be translated

Please refer in this regard to Section B.5.2.a. Tender Specifications.

Sample text #1 Drug trafficking The movement of illegal drugs worldwide has increased in recent years, with the freedom of movement principle of the EU creating more opportunities for cross-border organised crime. Worldwide, the UN Office for Drugs and Crime (UNODC) estimates that in 2009 between 172 million and 250 million people used illicit drugs. Of these it is estimated that between 18 million and 38 million people were dependent on drugs. For organised crime, the whole world is a single marketplace. As borders disappear or become unimportant, criminals are taking advantage of globalisation. The four freedoms, which form part of the substantive law of the European Union, allow goods, capital, services and people to move freely. This freedom of movement has many positive elements, but criminal networks exploit that freedom to distribute their “merchandise” and to link up with other criminal organisations. Drug trafficking is a common and unifying theme of much transnational organised crime. Both the smuggling of drugs into Europe and their production within the European Union continue to pose significant threats to its citizens. To disrupt these criminal networks, a co-ordinated, integrated and transnational response is required. Eurojust is the forum where decisions to resolve possible conflicts of jurisdiction and to prosecute efficiently can be most effectively made. Since 2003, in terms of number of cases, Eurojust has dealt with more drug trafficking than any other type of crime. The number of drug trafficking cases referred to Eurojust increased from, from 77 in 2004 to 230 in 2009, representing a three-fold increase. In 2009, of the 230 cases registered at Eurojust concerning drug trafficking, Italy requested Eurojust’s assistance most frequently, with 30 cases; Spain was the country most frequently requested by other Member States, followed by the Netherlands and again Italy. Eurojust held 40 co-ordination meetings on drug trafficking cases in 2009, where decisions on cross-border investigations and prosecutions were made. Europol was invited to 6 of these meetings; and 13 meetings involved participants from third States (Colombia, Iceland, Norway, Switzerland, Turkey, the USA, Ukraine and Serbia). Final figures for 2010 are not yet available, but preliminary figures show that drug trafficking remains the most frequent crime type at Eurojust (116 out of 681 cases registered in the first six months of 2010). In this same period, 15 of the 70 co-ordination meetings held were concerned with drug trafficking. Legal obstacles A purely national approach to combating organised crime is no longer sufficient; today we need to understand justice and the rule of law in ways that transcend borders. As with all crimes committed by criminal networks operating across borders, prosecution of drug trafficking cases frequently gives rise to jurisdictional problems (with producers and distributors usually located in

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different countries and many significant seizures and arrests being made in the transit countries).

Controlled deliveries, joint investigation teams (JITs), and interceptions of communications are co-operation tools frequently used to fight drug-trafficking. Problems can arise in using these tools because of differences in national law and practice. For example, controlled deliveries are subject in some Member States to judicial co-operation, in others to police co-operation, and yet in others to the co-operation of customs authorities. In such cases, a requested Member State, whose system for controlled deliveries implies judicial co-operation, may not be able to comply with a police request. Eurojust provides solutions to difficulties of this type. It also draws on its daily casework experience to resolve difficulties caused by delay in implementing the 2000 EU Convention on Mutual Assistance in Criminal Matters. Because drug cartels control such immense amounts of money, they have the power to influence politics and business at the highest levels, gaining control of entire regions. One of the most effective ways to weaken these criminal syndicates is to attack their finances. Eurojust works closely with its partners to strengthen existing crime control agreements and to promote stronger measures against money laundering. Co-operation at European level Eurojust works with the analyses provided by its law enforcement partner Europol to fight drug trafficking. Europol is empowered under Article 14 of its Decision to open analysis work files (AWFs). AWFs are repositories of data used for detailed analysis of specific crime areas, ac-cessed under strict data protection guidelines. Europol has invited Eurojust to participate in three of its AWFs dealing with specific drug trafficking networks, as well as an AWF dealing with organised crime networks in relation to drug trafficking. Co-ordination between Eurojust and Europol has led to excellent strategic and operational successes in 2010: one operation concluded with the arrest and trial of more than 50 people; a second operation dismantled a criminal organisation of 100 people involved in cocaine trafficking. At a more strategic level, Eurojust is involved in the AWF which deals with the phenomenon of West African drug trafficking networks. Joint Investigation Teams Eurojust plays an important role in supporting Joint Investigation Teams (JITs), providing legal advice and administering funding from the European Commission. Eurojust has run a pilot JIT Funding Project on “financial, logistical and administrative support to JITs with the establishment of a centre of expertise with a central contact point”, which ends in 2010.

This support consists of two common types of expenses incurred in fighting cross-border crime: travel and accommodation costs for the JIT members, and translation and interpretation costs. Eurojust has also loaned equipment (laptops and BlackBerrys) to ensure communication and information exchange. Eurojust considered 34 applications for financial and logistical support during the first JIT Funding Project. Applications included a request for support for a JIT to investigate drug trafficking from South America to Europe and laundering the proceeds by a criminal organisation. Eurojust approved the application and funding was made available. Another successful application related to a JIT investigating a drug-related killing.

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Because of the success of the first JIT Funding Project, the European Commission has granted Eurojust further funds to support JITs. This second grant of over 2 million euros from the European Commission runs from October 2010 until September 2013.

Sample text #2 Joint operation against VAT fraudsters active in Germany and Italy

On 26 July, judicial authorities and police officers in Germany and Italy ran a joint operation, supported and co-ordinated by Eurojust, against a criminal network committing VAT fraud and money laundering offences through vehicle trades

The operation was agreed during a co-ordination meeting held at Eurojust on 20 July with the participation of all the parties involved and under the supervision of the Italian National Desk. During the co-ordination meeting, the execution of the operation was carefully planned.

The case originated from a Letter of Request (LoR) from the Public Prosecution Office of Ansbach, Germany, to the Court of Appeal of Bologna, Italy, regarding an investigation of money laundering activities carried out by Italian nationals residing in Germany. The Italian judge asked for the assistance of Eurojust to solve some problems related to the execution of the LoR and so, in April, the Eurojust Italian Desk opened a case towards Germany.

Under article 6 of the revised Eurojust Decision, the Italian National Member at Eurojust requested the Public Prosecution Office of Ferrara, which was territorially competent for investigating the tax fraud case, to open an autonomous investigation. Following this request and a co-ordination meeting at Eurojust on 19 May, a parallel investigation was opened by the Public Prosecution Office of Ferrara for criminal association aimed at committing fraud and especially VAT fraud.

To support the simultaneous execution of the operation in the two Member States involved, a Co-ordination Centre was set up at Eurojust with dedicated telephone lines.

Starting at 6:30 in the morning and for the entire day, the Co-ordination Centre at Eurojust allowed real-time exchange of information and evidence between police and judicial authorities in the Member States involved, and immediate analysis of the data collected. The Co-ordination Centre was run by the Eurojust Italian Desk and supported by the Eurojust Case Analysis Unit.

As a result of the simultaneous operation, the main suspect was arrested in Germany and charged with money laundering. In addition, a large number of searches were conducted in both Member States (5 in Germany and 20 in Italy) at the residences of the main suspects and at the offices of the companies involved in the illicit traffic, some of which were fictitious. In addition to many pieces of documentary evidence about the investigated crimes, several computers and approximately €300,000 in assets were seized, and a German bank account was frozen.

Eurojust was the catalyst behind the outcome of the joint operation and will continue to follow the developments of the two parallel investigations to ensure the best results at judicial level.

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Annex L Please refer to Section C.4.1.b.

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RECEIPT

(to be given to the tenderer)

Procedure Title: Provision of Translation Services to Eurojust

Tender Reference: 2011/EJ/73

Name of the Company:………………………………………………………………………………………….

Received on: DATE:…………………………………………………………………………….

TIME:……………………………………………………………………………..

Name and signature of the Eurojust official taking delivery:

………………………………………………………… Name and signature of the representative of the tenderer:

…………………………………………………………

COPY OF RECEIPT (to be kept by Eurojust)

Procedure Title: Provision of Translation Services to Eurojust

Tender Reference: 2011/EJ/73

Name of the Company:………………………………………………………………………………………….

Received on: DATE:…………………………………………………………………………….

TIME:……………………………………………………………………………..

Name and signature of the Eurojust official taking delivery:

………………………………………………………… Name and signature of the representative of the tenderer:

…………………………………………………………