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Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11. Commission européenne, L-2920 Luxembourg. Telephone: (352) 43 01-1. 1 EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR JUSTICE, FREEDOM AND SECURITY Directorate A: General affairs The Director Brussels, 31/10/2007 JLS-A5/NCM-NG ml D(2007) 15254 FOR THE ATTENTION OF PROSPECTIVE TENDERERS Subject: Open procedure – Invitation to tender JLS/2007/A5/002 Framework contract – Helping to devise, plan and formulate European Union policies, particularly but not exclusively in the field of justice, freedom and security, and helping to organise and implement information, publicity and communication activities relating to these policies and aimed at the general public Dear Sir/Madam, 1. The European Commission is launching an invitation to tender for services comprising three lots, with a view to concluding framework contracts for the following services: "Writing and graphic art", "Websites, web content management systems and other computer services" and "Audiovisual material, events and communication campaigns" in the field of Community policies in general and justice, freedom and security in particular. A contract notice relating to this invitation to tender was published in OJ No S 210 of 31/10/2007. 2. If you are interested in this contract, you should submit a tender to the Commission. Tenders must be dated and signed by the tenderer or his duly authorised representative and must be: a) sent either by registered post or by courier no later than 18 December 2007, in which case the evidence of the date of dispatch will be constituted by the postmark or the date of the deposit slip, to the following address: European Commission Directorate-General for Justice, Freedom and Security Unit JLS.A5 "Information, Communication" (Mr Nicolas Genevay) LX 46 07/74 B-1049 Brussels Belgium

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Page 1: apdo JLS A5 - VERSION PR PUBLICATION EN - 31.10.07 · PDF fileJLS-A5/NCM-NG ml D(2007) ... The questions and the ... Annex III.2: Profile and roles 107 Annex III.3: Questionnaire 120

Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11. Commission européenne, L-2920 Luxembourg. Telephone: (352) 43 01-1.

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EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR JUSTICE, FREEDOM AND SECURITY Directorate A: General affairs The Director

Brussels, 31/10/2007 JLS-A5/NCM-NG ml D(2007) 15254

FOR THE ATTENTION OF PROSPECTIVE TENDERERS

Subject: Open procedure – Invitation to tender JLS/2007/A5/002

Framework contract – Helping to devise, plan and formulate European Union policies, particularly but not exclusively in the field of justice, freedom and security, and helping to organise and implement information, publicity and communication activities relating to these policies and aimed at the general public

Dear Sir/Madam, 1. The European Commission is launching an invitation to tender for services

comprising three lots, with a view to concluding framework contracts for the following services: "Writing and graphic art", "Websites, web content management systems and other computer services" and "Audiovisual material, events and communication campaigns" in the field of Community policies in general and justice, freedom and security in particular.

A contract notice relating to this invitation to tender was published in OJ No S 210

of 31/10/2007. 2. If you are interested in this contract, you should submit a tender to the

Commission. Tenders must be dated and signed by the tenderer or his duly authorised representative and must be: a) sent either by registered post or by courier no later than 18 December 2007, in which case the evidence of the date of dispatch will be constituted by the postmark or the date of the deposit slip, to the following address: European Commission Directorate-General for Justice, Freedom and Security Unit JLS.A5 "Information, Communication" (Mr Nicolas Genevay) LX 46 07/74 B-1049 Brussels Belgium

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b) or delivered in person or through an intermediary to the following address no later than 18 December 2007 before 16h00 (Brussels time):

European Commission Directorate-General for Justice, Freedom and Security Unit JLS.A5 "Information, Communication" (Mr Nicolas Genevay) Building DAV 1 Avenue du Bourget, 1 B-1140 Brussels Belgium A receipt must be obtained as proof of submission, signed and dated by the official in the central mail department who took delivery. The tenderer must ask for this receipt when the tender is delivered. The Commission's central mail department is open from 08.00 to 17.00 from Monday to Thursday and from 08.00 to 16.00 on Fridays (Commission working days only).

3. The tender must be submitted in triplicate (one original and two copies). An

electronic copy of the tender must also be provided on CD-Rom (MS Office Word).

Tenders must be placed inside two sealed envelopes. The outer envelope should be addressed to the department indicated above at point 2a); the inner envelope, addressed to the same department, should also be marked: "Invitation to tender JLS/2007/A5/002 – Lot n° … Tender submitted by …..… (name of the tenderer) Not to be opened by the internal mail department".

If self-adhesive envelopes are used, they must be sealed with adhesive tape and the sender must sign across the tape.

4. The tenders will be opened on 07/01/2008 at 10h00 in the offices of the Directorate-General for Justice, Freedom and Security at 46 rue du Luxembourg, B-1040 Brussels.

Any tenderer who wishes to attend the opening must register at least two days in advance by sending an e-mail to [email protected]. The Chairman of the opening board will announce the names of the tenderers and the decision on the admissibility of each bid received. The prices quoted in the tenders received will not be disclosed.

5. The specification, listing all the documents that must be produced in order to tender, including documentary evidence of economic, financial, technical and professional capacity, and the draft framework contract are attached.

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6. Tenders must be signed by the tenderer or his duly authorised representative and must be perfectly legible so that there can be no doubt as to words and figures.

7. Tenders must be kept open for nine months from the final date for receipt of tenders. 8. Submission of a tender implies acceptance of the terms and conditions set out in

this invitation to tender, in the specification and in the draft framework contract and, where appropriate, waiver of the tenderer's own general or specific terms and conditions. It is binding on the tenderer to whom the contract is awarded for the duration of the contract.

9. Contacts between the contracting authority and tenderers are prohibited throughout

the procedure save in exceptional circumstances and under the following conditions only:

Before the final date for submission of tenders • At the request of the tenderer, the contracting authority may provide additional

information solely for the purpose of clarifying the nature of the contract. Any requests for additional information must be sent by e-mail not later than six working days before the closing date for submission of tenders to the following address: [email protected].

• The Commission may, on its own initiative, inform interested parties of any

error, inaccuracy, omission or other clerical error in the text of the call for tenders.

• Any additional information, including that referred to above, will be supplied

strictly according to the principle of equal treatment. The questions and the replies to them will be posted on the Justice, Freedom and Security DG's Internet site.

After the opening of tenders If clarification is required or if obvious clerical errors in the tender need to be corrected, the Commission may contact the tenderer, provided that the terms of the tender are not modified as a result.

• This invitation to tender is in no way binding on the Commission. The latter's contractual obligation commences only upon signature of the framework contract with the successful tenderer.

Up to the point of signature, the European Commission may either abandon the procurement or cancel the award procedure, without the tenderers being entitled to claim any compensation. This decision must be substantiated and the tenderers notified.

The signature of a framework contract does not confer any exclusive right to provide this type of services to the Commission, as specified in the model

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SPECIFICATION

Open procedure – Invitation to tender JLS/2007/A5/…

FRAMEWORK CONTRACT – HELPING TO DEVISE, PLAN AND FORMULATE EUROPEAN UNION POLICIES, PARTICULARLY BUT NOT EXCLUSIVELY IN THE FIELD OF JUSTICE, FREEDOM AND SECURITY,

AND HELPING TO ORGANISE AND IMPLEMENT INFORMATION, PUBLICITY AND COMMUNICATION ACTIVITIES RELATING TO THESE

POLICIES AND AIMED AT THE GENERAL PUBLIC

TABLE OF CONTENTS

1. INTRODUCTION Page 8

2. BACKGROUND 8

3. SUBJECT OF THE CONTRACT 9

4. DESCRIPTION OF THE LOTS 9

Lot 1: "Writing and graphic art" 9

Lot 2: "Websites, web content management systems and other computer

services" 10

Lot 3: "Audiovisual material, events, communication campaigns" 13

5. AWARD PROCEDURES 15

6. ORDERS FOR WORK 15

7. GROUPS OF COMPANIES AND SUBCONTRACTING 16

8. STABILITY OF SERVICES 17

9. PLACE OF PERFORMANCE OF SERVICES 18

10. DURATION OF THE CONTRACT 18

11. INDICATIVE CONTRACT AMOUNT 18

12. PAYMENT PROCEDURE AND BUDGET 19

13. PENALTIES 22

14. SUSPENSION OF SERVICES 21

15. PRICE REVISION 21

16. INFORMATION ON BIDS 22

17. ASSESMENT AND AWARD OF CONTRACT 25

18. OPENING OF TENDERS 25

19. EXCLUSION CRITERIA 25

20. SELECTION CRITERIA 28

21. CONTRACT AWARD CRITERIA 33

22. FINAL EVALUATION 39

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ANNEXES 41

ANNEX I: ANNEXES COMMON TO THE 3 LOTS Page 43 Annex I.1: Tenderer identification form 44 Annex I.2: Financial identification form 46 Annex I.3: Exclusion criteria form 47

ANNEX II: ANNEXES SPECIFIC TO LOT 1 49 Annex II.1: Lot 1 case studies 50 Annex II.2: Lot 1 price schedule 54 Annex II.3: Draft framework contract for Lot 1 and annexes 65 Annex II.3a: Specification 87 Annex II.3b: Contractor's tender (including completed price schedule) 88 Annex II.3c: Specific contract - model 89 Annex II.3d: Contractor's travel and subsistence expenses 93

Annex II.3e: Financial guarantee 100

Annex II.3f: Power of attorney 102

ANNEX III: SPECIFIC ANNEXES TO LOT 2 104 Annex III.1: Indicative list of products 105

Annex III.2: Profile and roles 107

Annex III.3: Questionnaire 120

Annex III.4: Lot 2 case studies and annexes 169

Annex III.4a: Vision document 182

Annex III.4b: Software Development Plan 203

Annex III.4c: Software Architecture Document 217

Annex III.5: Service Level Agreement (SLA) 230

Annex III.6: Lot 2 price schedule 236

Annex III.7:Proposed framework service contract for Lot 2 and annexes 240

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Annex III.7a: List of services covered by the contract and price schedule 268

Annex III.7b: Power of attorney 269

Annex III.7c: Identification form and legal entities 271

Annex III.7d: - Specification (Invitation to tender No [complete] of [complete]) 272 - Original archived at the Commission’s premises

Annex III.7e: - Contractor's tender (No [complete] of [complete]) 273 - Original archived at the Commission’s premises

Annex III.7f: Specific contracts and order forms – Models 274

Annex III.7g: Financial guarantee – Model 275

Annex III.7h: Performance guarantee – Model 277

Annex III.7i: Service Level Agreement 278

Annex III.7j: Daily travel and subsistence allowance for the contractor 279

Annex III.7k: III – General terms and conditions for information technologies contracts 281

ANNEXE IV: SPECIFIC ANNEXES TO LOT 3 281 Annex IV.1: Lot 3 case studies 282 Annex IV.2: Lot 3 price schedules 295 Annex IV.3: Draft framework contract for Lot 3 and annexes 318 Annex IV.3a: Specification 341

Annex IV.3b: Contractor's tender (including completed price schedule) 342

Annex IV.3c: Specific contract - model 343

Annex IV.3d: Contractor's travel and subsistence expenses 347

Annex IV.3e: Financial guarantee 348

Annex IV.3f: Power of attorney 350

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1. INTRODUCTION The Commission, and in particular the department responsible for information and communication policy in the Directorate-General for Justice, Freedom and Security, is launching an invitation to tender for services comprising three lots. It intends to select three companies for each lot and to conclude a multiple framework contract2 with each of them for a period of one year. These contracts will be valid from the date of signature and can be renewed three times, each time for a period of one year. Tenderers may bid for more than one lot and may form groups (or consortia of companies) or use subcontractors. On the basis of the framework contract the successful tenderers will be contacted as required by the Directorate-General for Justice, Freedom and Security or, if necessary, other Directorates-General. For all of the work covered by this invitation to tender, the services will consist of helping to devise, plan and formulate European Union policies, particularly but not exclusively in the field of justice, freedom and security, and helping to organise information, publicity and communication activities relating to these policies and aimed at the general public. As a general rule, these services will be provided in the 27 European Union Member States and occasionally in EFTA/EEA countries (Switzerland, Iceland, Liechtenstein and Norway), the countries that are candidates for EU membership (Croatia, the Former Yugoslav Republic of Macedonia and Turkey) and any other country where there is a Community interest.

2. BACKGROUND All of the areas of activity of the Directorate-General for Justice, Freedom and Security are to be considered for the purposes of this invitation to tender: borders and visas; immigration and asylum; civil justice; criminal justice; citizenship and fundamental rights; data protection; the fight against economic and financial crime and cybercrime; counter-terrorism and the fight against human trafficking and exploitation; combating drug trafficking; judicial and police cooperation; external relations and enlargement. Further information about the areas of activity of the Directorate-General for Justice, Freedom and Security can be found at: http://ec.europa.eu/justice_home/index_en.htm. In July 2005 the Commission adopted an action plan on improving communication about Europe. This provides for 50 actions aimed at improving the Commission’s capacity and ability to communicate European policies. The action plan reflects in a very concrete and pragmatic way the political priority given to engaging in dialogue with citizens across the European Union.

2 See point 5 for the definitions of a multiple framework contract and of the cascade system.

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This new approach to communication adopted by the Commission is based on three principles. Listening: it is not enough just to inform the citizens of the European Union; the Commission must listen to their opinions and take them into account. Communication: explaining how EU policies affect citizens’ everyday life and what added value they bring. Connecting by going local: that is, by adapting messages to audiences in each Member State and conveying them through the channels those audiences prefer in the languages they understand. More information on this action plan can be found at: http://europa.eu.int/rapid/pressReleasesAction.do?reference=IP/05/995&format=HTML&aged=0&language=EN&guiLanguage=en

3. SUBJECT OF THE CONTRACT The help that the Commission is seeking should enable it, on the one hand, to devise and plan its policies and, on the other, to publicise them by means of information and communication activities. The end result should be a better perception of the European Union by its citizens and greater visibility for its information and communication activities, particularly but not exclusively in the areas of justice, freedom and security. The services required will essentially, but not exclusively, concern the tasks described in the next section, which is devoted to the individual lots.

4. DESCRIPTION OF THE LOTS The contract is divided into three lots in order to group the services requested into coherent lots which correspond to given professional sectors. The same company may tender for more than one lot, in which case it must submit a separate bid for each of the lots concerned, specifying each time the name and number of the lot.

Lot 1: "Writing and graphic art" The proposed activities concern the design, drafting and production in any medium of information products and promotional material relating to the activities of the European Union, particularly but not exclusively in the field of justice, freedom and security. For this lot, compliance with the rules of the Interinstitutional Style Guide is essential for any drafting and/or translation work in order to ensure the editorial and linguistic quality of the information products. The contractor must also be able to arrange translation from any language into the other official languages of the

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European Union and into the languages of the EFTA/EEA, the candidate countries and, if necessary, other countries. For further information, consult the Interinstitutional Style Guide at http://publications.europa.eu/code/en/en-000100.htm and the list of languages at http://publications.eu.int/code/pdf/370000en.htm. The work could include the following (this list is not exhaustive): • helping to identify target groups and their needs; • researching, collecting and analysing data and documents; • writing, translating, revising and adapting documents such as reports, magazines,

newsletters, memos, brochures, leaflets, notices, panels and other information products;

• identifying, designing, planning and drafting information products for use in communication campaigns;

• writing advertisements; • writing reports, press articles and interviews; • writing and producing promotional and presentational material; • graphic design, picture research, illustrations, layout, production of electronic

files (QuarkXpress, Adobe InDesign, pdf press optimized) and films for printing publications such as reports, brochures, leaflets, posters, newsletters, memos, magazines, etc.;

• adapting all the above products with a view to putting them on websites and/or an electronic medium (CD-Rom, DVD, etc.);

• design and graphic production of advertisements; • photo reportages; • building up and running a photo library, including dealing with copyright issues; • design and limited print run of graphic material for promotions and presentations

(posters, maps, etc.); • putting the material produced into envelopes; • dispatching and transporting the material produced.

Lot 2: "Websites, web content management systems and other computer

services" The proposed activities concern the study, design, creation, maintenance and support of information systems specific to the activities of the European Union, particularly in the field of justice, freedom and security. These services will be provided essentially on the contractor's premises. They mainly involve web content management and document management applications (portals, websites, search engines, etc.) but also cover other types of information system, such as: • data management and processing applications; • the business intelligence application; • data warehouses. Both existing applications and Open Source (OSS) developments will be involved. The contractor must:

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- demonstrate solid IT project management expertise and the ability to use the UP (Unified Process) and CEAF (Commission Enterprise IT Architecture Framework) computer methodologies;

- apply a methodology that is fully compatible with and equivalent to that currently used by the Commission (RUP@EC);

- install and use the methodological and project management tools which he proposed in Case Study No 1 (Development of information systems);

- use the cost evaluation methodology which he described and used in Case Study No 1;

- use the ready-made modules which he described in Case Study No 1 for Lot 2 under the conditions and prices proposed. The prices of these modules (1 and 2) will have to be included in the price schedule;

- ensure that all the work performed as part of this lot complies with the existing standards and methodologies required by the Commission, as described in the following documents:

• Unified Process or Rational Unified Process® Methodology • Commission Enterprise Architecture Framework • Information System Security Policy • The IT Governance communication [SEC(2004)1267] • Communication on Interoperability [SEC(2004)1265] • Data Protection Regulation (EC) No 45/2001 (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001R0045:EN:NOT) • IS Hosting Certification Guidelines v1

most of which can be consulted only on signing the contract.

For this lot, compliance with the rules of the Interinstitutional Style Guide is essential for any drafting and/or translation work in order to ensure the editorial and linguistic quality of the information products. The contractor must also be able to arrange translation from any language into the other official languages of the European Union and into the languages of the EFTA/EEA, the candidate countries and, if necessary, other countries. For further information, consult the Interinstitutional Style Guide at http://publications.europa.eu/code/en/en-000100.htm and the list of languages at http://publications.eu.int/code/pdf/370000en.htm. The work could include the following (this list is not exhaustive): Development: • project management; • evaluation and introduction of new production tools (typically content

management, indexation and search tools); • preliminary analysis, comparative analysis, gathering of user requirements,

feasibility studies; • adapting and/or integrating existing systems or products; • analysis and design, documentation (including technical documentation), studies

of security aspects, risk management;

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• prototyping, programming, development, migration, installation, personalisation, hosting (temporarily during development, testing and production);

• quality assurance, tests; • installation of software products in various phases (development, testing,

production, etc.) at the request of the Commission in the computer centre indicated (usually DIGIT or JLS's computer centre in Luxembourg);

• training (including technical training), assistance for end-users, support, consultancy on information systems;

• design, production, hosting, maintenance, updating and/or day-to-day management of websites;

• design, production, hosting, maintenance and/or updating of web applications; • design, production, hosting, maintenance and/or regular updating of databases; • design, production, hosting, maintenance and/or updating of content management

systems (some of which are based on Documentum and its starter kit); • design and adaptation of the general architecture of multilingual websites or

portals (Information Providers Guide (IPG) and its updates; see http://ec.europa.eu/ipg/index.htm);

• taking part in meetings of the various internal Commission bodies dealing with its websites.

Content management: • database integration and encoding of data; • updating and day-to-day management of websites; • proof-reading; • writing, translating, revising and adapting web content in all current and future

official languages; • graphic design, picture research, illustrations, design for websites; • manipulation of documents such as images, photos, videos, reports, magazines,

newsletters, memos, brochures, leaflets, notices, panels, web pages, etc. to adapt them to the web medium (usually in HTML format or as a PDF document);

• manipulation and conversion of documents such as web pages, images, photos, videos, reports, magazines, newsletters, memos, brochures, leaflets, notices, panels, web pages, etc. to adapt them and load them in Documentum;

• monitoring the quality of online documents (metadata, links, etc.); • developing, introducing and managing statistical and interactive tools

(notification, letterboxes, forums, discussions, online surveys, etc.) and producing a summary report on the operation of such interactive tools;

• organising and moderating forums, and then producing a summary report on the results;

• producing guides for information producers.

Distribution/dissemination of information: • creating, populating and updating databases; • creating an ad hoc mailing list; • mass mailing of documents by email or fax; • printing labels; • database integration and encoding of data.

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Lot 3: "Audiovisual material, events, communication campaigns"

For the three parts of this Lot3, compliance with the rules of the Interinstitutional Style Guide is essential for any drafting and/or translation work in order to ensure the editorial and linguistic quality of the information products. The contractor must also be able to arrange translation from any language into the other official languages of the European Union and into the languages of the EFTA/EEA, the candidate countries and, if necessary, other countries. For further information, consult the Interinstitutional Style Guide at http://publications.europa.eu/code/en/en-000100.htm and the list of languages at http://publications.eu.int/code/pdf/370000en.htm.

"Audiovisual material"

The proposed activities and tools, such as reports, documentaries, video news releases, television and radio spots, and cartoons, are intended to generate greater interest among television channels and radio stations in the activities of the European Union, particularly but not exclusively in the areas of justice, freedom and security. The work could include the following (this list is not exhaustive): • helping to identify target groups and their needs; • advising the Commission on its communication strategy vis-à-vis television

channels and radio stations and the various target groups; • producing reports, documentaries, videos, VNR (Video News Releases), TV and

radio commercials, cartoons, etc.; • copying and dispatching products; • securing media coverage for products on television channels and/or radio stations,

including EBS (Europe by Satellite),4 i.e. promoting them with a view to free distribution;

• following up all media reporting and documenting the coverage generated; • copying products in any appropriate format; • organising press conferences and/or press trips for journalists/audiovisual media

producers; • identifying target groups, such as journalists or TV/radio producers interested in

European issues; • securing coverage of events by the broadcast media, particularly by writing,

printing and sending press releases or press packs; • monitoring the impact of EU activities in the broadcast media, particularly but not

exclusively in the fields of justice, freedom and security.

"Events"

3 This is a single lot and the tender must apply to the entire lot. The division into parts is simply in order

to present more clearly the work to be carried out.

4 For information about EBS, go to http://ec.europa.eu/avservices/ebs/welcome_en.cfm.

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The work of helping to devise, plan and formulate European Union policies, particularly but not exclusively in the field of justice, freedom and security, and the work of helping to organise information, publicity and communication activities relating to these policies could include activities such as meetings, conferences, road shows or exhibitions aimed at raising awareness among specific target groups in some cases and the general public in others. The work could include the following (this list is not exhaustive):

• helping to identify target groups and their needs; • organising meetings, conferences or exhibitions, including the following

aspects: • inviting participants; • organising registration; • reimbursing participants' expenses; • organising transport and accommodation; • organising meals and coffee breaks; • reserving rooms (conferences) or places for stands (exhibitions); • setting up, decorating, and fitting out rooms or stands; • renting equipment, including stands, vehicles, etc.; • assembling, installing and dismantling equipment; • organising interpreting and translation; • recording, transcribing and translating the proceedings; • organising a press conference to launch the activity; • designing and producing information and promotional material, putting it in to

envelopes and distributing it; • dispatching material; • transporting material; • taking photographs; • making a video; • arranging for technicians, hosts and representatives of the Contractor to be

present throughout an event.

"Communication campaigns"

Long-distance communication activities5 and the tools envisaged, such as competitions for young people, are aimed at raising awareness among certain target groups about EU activities, particularly but not exclusively in the fields of justice, freedom and security.

The work could include the following (this list is not exhaustive): • helping to identify target groups and their needs; • buying or creating lists of bodies that could potentially be interested in European

issues (trade organisations, journalists' associations, non-governmental organisations, parents' and teachers' associations, schools, youth clubs, holiday camps, open-air centres for children, and other types of organisation, association and club);

5 These will also involve some organisation on the ground, for example organising judges and award

cermonies in the case of a competition.

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• creating and running a network of national partners helping to organise and promote an activity in each of the countries concerned;

• promoting an activity among those potentially interested by email, fax and telephone;

• promoting an activity among those potentially interested by distributing posters and brochures;

• designing, creating and managing a website (usually multilingual) on a specific activity for a given period of time;

• buying web addresses; • in the case of an activity such as a competition, organising participants' registration

and entries; • in the case of an activity such as a competition, organising judges; • in the case of an activity such as a competition, organising award ceremonies; • organising interpreting and translation.

5. AWARD PROCEDURES: MULTIPLE FRAMEWORK CONTRACT AND CASCADE SYSTEM

For each of the lots, a single multiple framework contract will be concluded with the three tenderers that are ranked best when the bids are evaluated and that have obtained the minimum number of points required (see points 21 and 22). The term "multiple framework contract" refers to the situation whereby a framework contract is concluded separately but on identical terms for each of the lots, between the Commission and several service providers with a view to ensuring that a contract can be performed in succession by one or other of the contractors. If the first choice of contractor is unable to carry out the work by the deadlines set in the request to provide services or in the event of default as described in Article I.11 of the special terms and conditions of the draft framework contract (Annex II.3 for Lot 1, Annex III.7 for Lot 2, Annex IV.3 for Lot 3) in respect of the performance of earlier orders, but not entailing termination of the contract, the request to provide services will be automatically sent to the second contractor on the list (the "cascade system"). If necessary, the same procedure will then apply to the second contractor.

6. ORDERS FOR WORK The services which may be requested will, as and when the need for them arises, be the subject of a written request from the Commission for which the contractor will be required to submit a detailed bid to be drawn up on the basis of the price schedule agreed when the framework contract is signed. On the basis of the bid submitted by the contractor, a specific contract, signed by a person authorised to act on behalf of the Commission will be formally concluded. The contractor will have the number of working days specified by the Commission in its request (usually between 10 and 20 working days, depending on the complexity of the task) within which to submit his bid. In the event of failure to observe this deadline, the contractor will be considered unavailable.

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7. GROUPS OF COMPANIES AND SUBCONTRACTING The contractors will perform the work requested by the Commission in close cooperation with its competent departments,, particularly but not exclusively the Information and Communication Unit of the Directorate-General for Justice, Freedom and Security. Companies can consider two ways of collaborating in an offer: either as joint partners in the offer or through subcontracting. Offers may even combine both approaches. In any case, the tender must specify very clearly whether each company involved in the offer is acting as a partner in a joint offer or as a subcontractor (this also applies where the various companies involved belong to the same group or even where one is the parent company of the others). For Lot 2, the questionnaires annexed to the specification include a tender form for this purpose. The implications of these two modes of collaboration are radically different. So that you can understand them both fully, they are outlined below. Joint offers Partners in a joint offer assume joint and several liability towards the Commission for the performance of the contract as a whole. Statements to the effect, for instance:

• that one of the partners of the joint offer will be responsible for part of the contract and another one for the rest, or

• that more than one contract should be signed if the joint offer is successful are thus incompatible with the principle of joint and several liability. The Commission will disregard any such statement contained in a joint offer and reserves the right to reject such offers without further evaluation on the grounds that they do no comply with the specification.

Joint offers will be assessed as follows:

• the exclusion criteria will be assessed in relation to each company individually; • the selection criteria for economic and financial capacity and for technical and

professional capacity as well as the evaluation criteria will be assessed in relation to the tendering group as a whole.

If you intend to tender with a partner and have already set up a consortium or similar entity to that end, you should mention this fact in your offer, together with any other relevant information in this connection. If you intend to submit a joint offer, you should be aware that, if you are awarded the contract, the Commission will require you to give a formal status to the proposed association before the contract is signed. This can take the form of: • an entity without legal personality but offering sufficient protection of the

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

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• the signature by all the partners of a “power of attorney” based on the annexed model, which provides for a form of cooperation.

Subcontracting Certain tasks provided for in the contract may be entrusted to subcontractors, but the main contractor retains full liability towards the Commission for performance of the contract as a whole. Accordingly: • the Commission will treat all contractual matters (e.g. payment) exclusively with

the main contractor, whether or not the tasks are performed by a subcontractor; • under no circumstances can the main contractor avoid liability towards the

Commission on the grounds that the subcontractor is at fault. If your offer envisages subcontracting, your file must include, in relation with the concrete elements of your tender: • a document stating clearly the roles, activities, reporting lines and responsibilities

of the subcontractor(s) and specifying the volume/proportion for each subcontractor;

• a letter of intent by each subcontractor stating its intention to collaborate with you if you win the contract.

Offers involving subcontracting will be assessed as follows: • The exclusion criteria and selection criteria will be assessed in relation to the

tenderer and each proposed subcontractor. • The evaluation criteria will be assessed in relation to the tender. During execution of the contract, the contractor will need the Commission’s express prior written authorisation to replace a subcontractor with another and/or to subcontract tasks for which subcontracting was not envisaged in the original offer. The signature of a specific contract is deemed to constitute such authorisation.

8. STABILITY OF SERVICES The Commission and the contractor will communicate to each other the information needed for the services to be provided. For the duration of the framework contract they will maintain the required level of information and make it available to the other party for the purpose of providing the services. The updating and exchange of information will not give rise to any payment. For the duration of the framework contract the contractor will ensure that the elements necessary for the stability of the service and the proper performance of the specific contracts are maintained. The contractor is required to inform the Commission departments without delay of any new factor affecting the technical capacity on the basis of which he was selected.

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To that end, the contractor will, where necessary, replace staff gradually and will organise the transfer of information required for the services to be provided, the cost of which will be borne by him. In no event will the contractor invoke a change of staff as a reason for not meeting one of his obligations, in particular with regard to deadlines and quality. For all tasks with a low degree of substitutability, e.g. project design, creation and management, the contractor will ensure that staff are changed only in the event of force majeure.

9. PLACE OF PERFORMANCE OF SERVICES The place of performance will be defined specifically for each task. It should be noted, however, that the work should be coordinated in cooperation with the relevant Commission departments in Brussels. Services are envisaged in Luxembourg for Lot 2 (DIGIT computer centre).

10. DURATION OF THE CONTRACT Each framework contract will be concluded for a period of one year from when it is signed, and may be renewed three times by means of a supplementary contract. The total duration of a framework contract may not exceed four years from when it is first signed. The specific contracts must be returned signed before the framework contract to which they refer expires. The framework contract will continue to apply to such specific contracts after its expiry, albeit for a period not exceeding six months.

In accordance with Article 126 of the detailed rules for the implementation of the Financial Regulation6, the Commission may, after the period of four years, use a negotiated procedure with the economic operators that have successfully tendered for the contract in order to commission similar services for a further period of two years and for an amount that does not exceed 50% of the amount of the initial contract (see point 11).

11. INDICATIVE CONTRACT AMOUNT The total indicative amount over the four-year period is set out below: Lot 1: EUR 8 000 000 Lot 2: EUR 12 000 000

6 Commission Regulation (EC, Euratom) No 2342/2002 laying down detailed rules for the

implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, as last amended by Regulation (EC, Euratom) No 478/2007 of 23 April 2007.

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Lot 3: EUR 26 000 000 Total indicative contract amount: EUR 46 000 000. All the reimbursable expenses are included in this amount. The signature of the framework contract will not confer any exclusive right. The Commission may cancel the tendering procedure before the framework contract is signed, without the tenderers being authorised to claim compensation.

12. PAYMENT PROCEDURE AND BUDGET Payments under the framework contract will be made in accordance with Article II.4 of the framework contract. They will be executed only if the contractor has fulfilled all his contractual obligations by the date on which the invoice is submitted. Payment requests may not be made if payments for previous orders or specific contracts have not been executed as a result of default or negligence on the part of the contractor. For Lots 1 and 3

12.1 Pre-financing

For orders or specific contracts for a total amount of less than EUR 40 000

There will be no pre-financing.

For orders or specific contracts for a total amount of EUR 40 000 or more

The contractor may request a pre-financing payment of 40% of the total cost of the service, excluding his travel and subsistence expenses and any unforeseen expenditure.

12.2 Interim payment

For orders or specific contracts for a total amount of less than EUR 40 000

No interim payment will be made.

For orders or specific contracts for a total amount of EUR 40 000 or more

• No interim payment will be made for services lasting less than six months. • For services lasting six months or more, the contractor may request an interim payment of 30% of the total cost of the service, excluding his travel and subsistence expenses and any unforeseen expenditure. A request for interim payment by the contractor will be admissible if it is accompanied either by an interim technical report in accordance with the instructions laid down in the order or specific contract or by an acknowledgement by the Commission of receipt of the service.

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In the case of a technical report, the Commission will have 20 days from receipt to approve or reject the report, and the contractor will have 10 days in which to submit additional information or a new report. The interim payment corresponding to 30% of the total amount of the order or specific contract, excluding the contractor's travel or subsistence expenses and any unforeseen expenditure, will be made within 30 days of the date of approval of the report or acceptance of the service by the Commission.

12.3 Payment of the balance The balance will be paid after performance of the service by the contractor and acceptance thereof by the Commission within 30 days of receipt of the request for payment. The request for payment of the balance will be admissible if accompanied by • either the final technical report in accordance with the instructions laid down in

the order or specific contract or by an acknowledgement by the Commission of receipt of the service;

• statements of reimbursable expenses in accordance with Article II.7 of the draft framework contract;

• the relevant invoices, indicating the reference number of the framework contract and of the order or specific contract to which they refer.

In the case of a technical report, the Commission will have 20 days from receipt to approve or reject the report, and the contractor will have 10 days in which to submit additional information or a new report. The balance corresponding to the relevant invoices will be paid within 30 days of the date on which the report is approved or the service is accepted by the Commission. Payments for Lot 2 There will be no pre-financing for Lot 2. A payment plan will be drawn up for each specific contract according to the RUP phases (milestones). A typical payment plan might look like this: 15% at the end of the start-up phase (inception report) 25% at the end of the elaboration phase 25% at the end of the construction phase balance at the end of the transition phase For specific contracts of short duration (less than 6 months) or low value (less than EUR 100 000), the payment instalments may be combined.

12.4 Financial guarantee

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In the case of pre-financing in excess of EUR 150 000, the Commission will demand a financial guarantee equal to the amount of the pre-financing and provided by a bank, an authorised financial institution or a third party. Depending on the contractor's financial situation, the Commission reserves the right to demand a financial guarantee for amounts less than EUR 150 000. The guarantee will be released on payment of the balance of the order or specific contract. It guarantees the performance of the contract under the conditions laid down in Annex II.3.e for Lot 1, Annex III.7.g for Lot 2 and Annex IV.3.e for Lot 3.

13. PENALTIES

In the event of failure to perform the services by the deadline set in the orders or specific contracts or failure to perform them in due form, the Commission reserves the right to impose financial penalties as follows. In the event of late delivery:

A penalty will be applied using the following formula: [0.5% of the total value of the service] x [number of working days of delay].

The ceiling for the total amount of the penalty in the event of late delivery is 20% of the amount of the order or specific contract. These penalties will apply automatically without formal notice simply as a result of the delay.

In the event of inadequate quality of work

In the event of inadequate quality of the services after presentation for the second time, the Commission may relieve the defaulting contractor of his duties under the order or specific contract and entrust the task to the second contractor on the list or, if necessary and according to the same procedure, the third contractor. In that event, the defaulting contractor will be required to reimburse any amount which he received under the order or specific contract.

14. SUSPENSION OF SERVICES

Regardless of the penalties provided for in point 13, the Commission may in certain cases suspend the award of services to the defaulting contractor. If a contractor performs services with a delay in relation to the deadline stipulated in the order or specific contract which is damaging to the results of the action, and provided that this delay is not caused by the Commission or if a contractor is found to have executed an order or specific contract inadequately in at least two respects, the Commission may automatically suspend by registered letter the award of the next three services to this contractor.

15. PRICE REVISION

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The prices shall be firm and not subject to revision for the first year of the framework contract.

From the beginning of the second year of the duration of the contract, each price may be revised upwards or downwards each year, where such revision is requested by one of the contracting parties by registered letter no later than 60 days before the anniversary of the date on which it was signed. The Commission will purchase on the basis of the prices in force on the date on which orders or specific contracts are signed. Such prices are not subject to revision.

The revision is determined by the trend in the harmonised consumer price index (MUICP) (euro area), published for the first time by the Office for Official Publications of the European Communities in Eurostat's monthly bulletin at: http://www.ec.europa.eu/eurostat/.

Revision will be calculated in accordance with the following formula:

Pr=Po(Ir/Io)

where:

Pr = revised price; Po = the price in the original tender; Io = index for the month corresponding to the deadline for submission of

tenders; Ir = index for the month corresponding to the date of receipt of the letter

requesting a revision of prices.

16. INFORMATION ON BIDS A company may bid for more than one lot, but a separate bid must be submitted for each individual lot, specifying the number of the lot. The tender must be drafted in accordance with the provisions of the specification, including the draft framework contract and its annexes, which are enclosed with this invitation to tender (Annex II.3 for Lot 1, Annex III.7 for Lot 2 and Annex IV.3 for Lot 3). Groups (or consortia of companies), regardless of their legal form, may submit a tender. Tenderers may, after forming a group (or consortium), submit a joint bid on condition that it complies with the competition rules. The group or consortium must designate the company or individual who will submit the offer on behalf of them all. The tender must be accompanied by a copy of the mandate signed by all the members of the group or consortium and authorising that company or individual to submit the tender. If the group or consortium is awarded the contract, the Commission will sign the framework contract with that company or individual on behalf of the group or consortium responsible for performing the order or the specific contracts.

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The tender should also clearly identify a Project Manager, employed by the company or the person signing the tender, to be the Commission's single point of contact for the entire duration of the framework contract, particularly for correspondence and for relaying all the Commission's requests to the other members of the group or consortium.

16.1 Structure of the tender

Every tender must contain three parts: an administrative proposal, a technical proposal and a financial proposal.

16.2 Part one: Administrative proposal

The following information must be included in this part by completing the three forms listed below.

• Identification of the tenderer

The tender must include the following documents: - proof of the tenderer's entry, as prescribed in his country of establishment,

in one of the professional or trade registers or a declaration or certificate; - if the tenderer is a natural person, a copy of his identity card, passport or

driving licence and proof that he is covered by a social security scheme as a self-employed person.

All tenderers, including subcontractors and the various members of a group or consortium of companies, must complete and sign the identification form in Annex I.1 and also provide the above-mentioned documents. However, subcontractors are not required to complete the form or to provide the documents where the subcontracted services represent less than 20% of the contract.

• Financial identification form A bank identification form filled in and signed by an authorised representative of the tenderer and his banker must be included with the bid. If the tender comes from a group or consortium of companies, only the lead company needs to submit this form. A specific form for each Member State is available at: http://ec.europa.eu/budget/execution/ftiers_en.htm.

• Legal entities Tenderers must also return the "legal entities" form, which must be filled in and signed by their authorised representative and accompanied by the documents referred to in the form. If the tender comes from a group or

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consortium of companies, only the lead company needs to submit this form. A specific form for each Member State is available at: http://ec.europa.eu/budget/execution/legal_entities_en.htm#es_fr_it.

The Commission reserves the right to request, for evaluation or verification purposes and within a time limit stipulated in its request, any other supporting document in relation to the bid submitted.

16.3 Part two: Technical proposal This section is of great importance in the assessment of the bids, the award of the contract and the execution of any resulting framework contract.

Attention is drawn to the award criteria, which define those parts of the technical offer to which the tenderers should pay particular attention. The technical proposal should address all matters laid down in the specification and should include models, examples and technical solutions to problems raised in the technical specifications. The level of detail and precision of the tender will be extremely important for the evaluation. In his bid the tenderer will explain the methodology to be used and how the work will be organised for the contract.

The technical proposal must provide all the information needed for the purpose of awarding the contract. 16.4 Part three: Financial proposal

All tenders must contain a financial proposal. Tenderers' attention is drawn to the following points:

• Prices must be quoted in euros, including for countries which are not part of

the euro area. For tenderers in those countries, the price quoted may not be revised in line with exchange-rate movements. It is for the tenderer to select an exchange rate and accept the risks or benefits of any fluctuations.

• Prices must be presented using the price schedules (Annex II.2 for Lot 1,

Annex III.6 for Lot 2 and Annex IV.2 for Lot 3). The prices quoted in the schedules should be flat-rate amounts covering all general expenses and the expenses associated with provision of the services, with the exception of the contractor's travel and subsistence expenses which, where appropriate, will be reimbursed according to the rules on the reimbursement of expenses (Annex II.3.d for Lot 1, Annex III.7.j for Lot 2 and Annex IV.3.d for Lot 3). In the specific case of Lot 2, tenderers should bear in mind that the prices quoted in the schedules must include the travel and subsistence expenses required for participating in monthly project meetings at the Commission's offices.

• Prices should be quoted free of all duties, taxes and other charges, i.e. also free

of VAT, as the Communities are exempt from such charges in the EU under Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965 (OJ L 152, 13 July 1967). Exemption is granted to the Commission by the governments of the Member States, either

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through refunds upon presentation of documentary evidence or by direct exemption. For those countries where national legislation provides an exemption by means of a reimbursement, the amount of VAT must be shown separately. If tenderers have doubts about the applicable VAT system, it is their responsibility to contact the national authorities in order to obtain clarification on the European Community's exemption from VAT.

17. ASSESSMENT AND AWARD OF CONTRACT The assessment will be based on each tenderer's bid. All information will be assessed in the light of the criteria set out in the specification. The procedure for the award of the contract, which will concern only admissible bids, will be carried out in three successive stages. The respective purpose of each stage is: 1) to check, on the basis of the exclusion criteria, whether tenderers can take part in

the tendering procedure; 2) to check, on the basis of the selection criteria, the technical and professional

capacity and economic and financial capacity of each tenderer; 3) to assess, on the basis of the award criteria, each bid which has passed the

exclusion and selection stages.

18. OPENING OF TENDERS

The tenders will be opened on on 07/01/2008 at 10h00 in the offices of the Directorate-General for Justice, Freedom and Security at 46 rue du Luxembourg, B-1040 Brussels.

Any tenderer who wishes to attend the opening must register at least two days in advance by sending an e-mail to [email protected].

The Chairman of the opening board will announce the names of the tenderers and the decision on the admissibility of each bid received. The prices quoted in the tenders received will not be disclosed.

19. EXCLUSION CRITERIA

19.1 Exclusion criteria under Article 93 of the Financial Regulation7 Tenderers will be excluded from participation in this procurement procedure if:

7 Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable

to the general budget of the European Communities.

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19.1.a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

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

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

19.1.d) they have not fulfilled their 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;

19.1.e) they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;

19.1.f) they are currently subject to an administrative penalty referred to in Article 96(1) of the Financial Regulation.

19.2 Exclusion criteria under Article 94 of the Financial Regulation

Contracts may not be awarded to tenderers who, during the procurement procedure: 19.2.a) are subject to a conflict of interest;

• Tenderers must declare: − that they do not have any conflict of interest in connection with the

contract; such a conflict of interest could arise in particular as a result of economic interest, political or national affinity, family or emotional ties, or any other relevant connection or shared interest;

− that they will inform the contracting authority, without delay, of any situation constituting a conflict of interest or which could give rise to a conflict of interest;

− that they have not made and will not make any offer of any type whatsoever from which an advantage can be derived under the contract;

− that they have not granted, have not sought, have not attempted, to obtain and have not accepted any advantage, financial or in kind, to or from any party whatsoever, constituting an illegal practice or involving corruption, either directly or indirectly, as an incentive or reward relating to the award of the contract.

• The Commission reserves the right to check the above information.

19.2.b) are guilty of misrepresentation in supplying the information required by

the contracting authority as a condition of participation in the contract procedure or fail to supply this information.

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19.3 Evidence to be provided by the tenderers When submitting their bids, tenderers (including all members of a group or consortium of companies and subcontractors responsible for performing more than 20% of the contract) must provide a declaration on their honour (Annex I.3), duly signed and dated, stating that they are not in one of the situations mentioned at points 19.1.a) and 19.1.b). The tenderer to whom the contract is to be awarded (including all members of a group or consortium of companies and subcontractors responsible for performing more than 20% of the contract) must provide, within 15 calendar days of notification of the results of the procurement procedure and before the signature of the contract, the following evidence, confirming the declaration referred to above. The Commission accepts, as satisfactory evidence: 1. that the tenderer is not in one of the situations described point 19.1.a) and

19.1.b or 19.1.e), production of 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;

2. that the tenderer is not in the situation described at point 19.1.d), a recent certificate issued by the competent authority of the Member State concerned.

Where no such certificate is 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. The documents referred to above will relate to legal and natural persons including, if applicable, company directors or any person with powers of representation, decision-making or control in relation to the tenderer. However, the Commission reserves the right to request, within a time limit stipulated in its request, any other supporting document in relation to the bid submitted for evaluation or verification purposes. NB Tenderers will be exempted from the requirement to submit the documentary evidence mentioned above if such evidence has already been submitted for the purposes of another procurement procedure launched by the Directorate-General for Justice, Freedom and Security, provided that the documents are not more than one year old starting from their issue date and that they are still valid. In this case, tenderers should specify in their bid the reference of the invitation to tender for which the documents were provided. 19.4 Administrative and financial penalties Without prejudice to the application of contractual penalties, tenderers and contractors who have been guilty of making false declarations or have been found to have seriously failed to meet their contractual obligations in an earlier

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procurement procedure may be excluded from all grants and contracts financed by the Community budget and may also receive financial penalties in accordance with Article 96 of the Financial Regulation and Articles 133a and 134b of the implementing rules8.

20. SELECTION CRITERIA Tenderers must provide evidence of their economic, financial, technical and professional capacity. Tenderers who do not provide the documentation specified or who are judged, on the basis of the documentation provided, not to have fulfilled the criteria specified below may be excluded from the tender procedure. Tenderers are therefore invited to read this section carefully and to provide the specific documents and information requested.

20.1 Economic and financial capacity

For Lot 1, the tenderer or group (or consortium of companies) must have an annual turnover of at least EUR 4 000 000. For Lot 2, the tenderer or group (or consortium of companies) must have an annual turnover of at least EUR 10 000 000. For Lot 3, the tenderer or group (or consortium of companies) must have an annual turnover of at least EUR 9 000 000. In order to prove his economic and financial capacity, the tenderer must enclose the following documents with his bid: • the balance sheets or extracts from balance sheets for the last three financial

years; • a statement of overall turnover and, where necessary, the turnover relating to

the activities connected with the present invitation to tender for the past three financial years.

20.2 Technical and professional capacity

Lot 1: "Writing and graphic art" The tenderer must satisfy the criteria listed below. If he is unable to satisfy all the criteria himself, he may form a group or consortium of companies or use subcontractors.

Criterion 1 Have expertise in and a minimum of three years' experience of creating information products and promotional material in several languages (at least 3) aimed at several countries. Criterion 2

8 Commission Regulation (EC, Euratom) No 2342/2002 laying down detailed rules for the

implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, as last amended by Regulation (EC, Euratom) No 478/2007 of 23 April 2007.

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Have expertise in and a minimum of three years' experience of identifying target groups and their needs in several countries and several languages (at least 3). Criterion 3 Have expertise in and a minimum of three years' experience of producing graphic and written content for multilingual websites. Criterion 4 Have the necessary material and technical equipment to perform the proposed services (described above in point 4 – Description of lots – Lot 1). Criterion 5 Have the linguistic skills needed to perform the proposed services in all the official languages of the European Union and of the EFTA/EEA countries, the candidate countries and, possibly, other countries. Evidence to be provided The items listed below must be provided as evidence of satisfying the criteria for Lot 1. Tenders from groups (or consortia) or including subcontractors must specify the title, role and experience of each of the members of the group (or consortium) or each subcontractor. For criteria 1 to 3 The tenderer must submit the following items: • A list of the main clients and the main services provided during the last three

years, indicating the value, the date and the public or private recipient of these services.

• Examples of work relating to criteria 1 to 3 and produced over the last three years. If this work was partly produced by members of a group (or consortium of companies) or by subcontractors, the tenderer must clearly indicate the role and contribution of everyone involved. The projects referred to must include the name of a contact person who can, if necessary, vouch for the existence of the services.

For criterion 4 The tenderer must submit the following items: • A list of the material and technical equipment at his disposal for performing

the proposed services. • A list of the services that the tenderer intends to carry out directly and those

which may be subcontracted. • Where necessary, the identity and description of the subcontractors already

selected by the tenderer and who may be used for certain types of work.

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• The CVs of the staff designated by the tenderer to perform the proposed services. They should preferably follow the Commission's recommendation on a common European format for CVs (see:http://europass.cedefop.europa.eu/europass/home/hornav/Downloads/EuropassCV/CVExamples/navigate.action?locale_id=3).

• An indication of the tenderer's average annual workforce during the last three years.

• A description of the means that the tenderer has at his disposal to ensure quality control of the work he performs.

For criterion 5 The tenderer must demonstrate his ability to work in the languages of the European Union and, if necessary, his ability rapidly to mobilise the resources necessary to perform the proposed services in all the official languages of the European Union and of the EFTA/EEA countries, the candidate countries and, possibly, other countries. In order to demonstrate this ability, he must supply examples of work already produced in languages other than his own.

Lot 2: Websites, web content management systems and other computer services

The tenderer must satisfy the criteria listed below. If he is unable to satisfy all the criteria himself, he may form a group or consortium of companies or use subcontractors. In this case, one of the tenderers must be designated as the main contractor. Criterion 1 Have the structural capacity to be able to deliver the services required. Criterion 2 Have the appropriate workforce and qualified staff for the proposed services. Criterion 3 Have experience of similar projects or contracts. Have expertise in and a minimum of three years' experience of designing, creating and managing a multilingual website (to be included in the questionnaire). Criterion 4 Have quality control and quality assurance mechanisms. Criterion 5 Have an infrastructure and environment capable of performing the services requested. Criterion 6

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Have the linguistic skills needed to perform the proposed services in all the official languages of the European Union and of the EFTA/EEA countries, the candidate countries and, possibly, other countries. Evidence to be provided The items listed below must be provided as evidence of satisfying the criteria for Lot 2. Tenders from groups (or consortia) or including subcontractors must specify the title, role and experience of each of the members of the group (or consortium) or each subcontractor. For criteria 1 to 5 The tenderer must submit all of the forms in Annex III.3. For criterion 6 The tenderer must demonstrate his ability to work in the most common EU languages and, if necessary, his ability rapidly to mobilise the resources necessary to perform the proposed services in all the official languages of the European Union and of the EFTA/EEA countries, the candidate countries and, possibly, other countries. In order to demonstrate this ability, he must supply examples of work already produced in languages other than his own.

Lot 3: "Audiovisual material, events, communication campaigns"

The tenderer must satisfy the criteria listed below. If he is unable to satisfy all the criteria himself, he may form a group or consortium of companies or use subcontractors. In such cases, one of the tenderers must be designated as the main contractor.

Criterion 1 Have expertise in and a minimum of three years' experience of managing transnational and multilingual information and communication projects. Criterion 2 Have expertise in and a minimum of three years' experience of making videos and promoting them through the media in various countries and various languages. Criterion 3 Have expertise in and a minimum of three years' experience of organising conferences in several countries and several languages (including organising invitations, registration, transport, accommodation and meals for participants). Criterion 4 Have expertise in and a minimum of three years' experience of designing, creating and managing a multilingual website.

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Criterion 5 Have the technical skills needed to perform the proposed services (described above in point 4 – Description of lots – Lot 3).

Criterion 6 Have the linguistic skills needed to perform the proposed services in all the official languages of the European Union and of the EFTA/EEA countries, the candidate countries and, possibly, other countries. Evidence to be provided The items listed below must be provided as evidence of satisfying the criteria for Lot 3. Tenders from groups (or consortia) or including subcontractors must specify the title, role and experience of each of the members of the group (or consortium) or each subcontractor. For criteria 1 to 4 The tenderer must submit the following items: • A list of the main clients and the main services provided during the last three

years, indicating the value, the date and the public or private recipient of these services.

• Examples of work relating to criteria 1 to 4 and produced over the last three years. If this work was partly produced by members of a group (or consortium of companies) or by subcontractors, the tenderer must clearly indicate the role and contribution of everyone involved.

For criterion 5 The tenderer must submit the following items: • A list of the material and technical equipment at his disposal for performing

the proposed services. • A list of the services that the tenderer intends to carry out directly and those

which may be subcontracted. • Where necessary, the identity and description of the subcontractors already

selected by the tenderer and who may be used for certain types of work. • The CVs of the staff designated by the tenderer to perform the proposed

services. They should preferably follow the Commission's recommendation on a common European format for CVs

(see:http://europass.cedefop.europa.eu/europass/home/hornav/Downloads/EuropassCV/CVExamples/navigate.action?locale_id=3). • An indication of the tenderer's average annual workforce during the last three

years. • A description of the means that the tenderer has at his disposal to ensure quality

control of the work he performs.

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For criterion 6 The tenderer must demonstrate his ability to work in the most common EU languages and, if necessary, his ability rapidly to mobilise the resources necessary to perform the proposed services in all the official languages of the European Union and of the EFTA/EEA countries, the candidate countries and, possibly, other countries. In order to demonstrate this ability, he must supply examples of work already produced in languages other than his own.

21. CONTRACT AWARD CRITERIA

21.1. Quality of the tender 21.1.1 Lot 1 "Writing and graphic art" - Quality of the tender

For Lot 1 the contract will be awarded to the tenderer who has obtained at least the minimum number of points required for the quality criteria (75/100) and has submitted the tender offering the best value for money.

The award criteria comprise:

1) the analysis of the replies to the two case studies9; 2) the budget for the case studies, which should be as detailed as possible (the

figures must tally with the price schedules). All prices should be indicated in euros and exclusive of tax and duty, including VAT.

Quality of the tender

Each of the case studies for Lot 1 will be marked out of 100, as follows.

Case study 1 (Design and production of a poster)

• Quality of poster layout (35 points). • Relevance of the methodology and tools used to identify target audiences (35

points). • Relevance of poster content (30 points).

Case study 2 (Design, production and distribution of an information booklet

with DVD) • Quality of the graphic art for the booklet, the DVD and the HTML page (40

points). • Relevance and quality of the text proposed for the introduction to the booklet

(40 points). • Relevance of the structure proposed for the booklet and for the HTML page

(20 points).

9 The case studies do not in any way prejudge the services which the contractor(s) may be required to

provide.

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To enable the Commission to assess his bid, the tenderer must, for each of the case studies for Lot 1:

• carry out the work requested in accordance with the specifications; • describe the methods that he intends to use to ensure that the work is of a high

quality and done on time, whether it is carried out by himself, by subcontractors or by other members of the consortium;

• where appropriate, describe the methods that he intends to use to organise and monitor to the best of his ability the work of subcontractors or other members of the consortium;

• +describe the methods that he intends to use to work as closely as possible with the Commission in Brussels.

Only tenders that have obtained at least 75/100 for each case study will be considered for the next stage, which consists in calculating the financial value of the tenders (sum of the prices of the two case studies) and then determining which offers the best value for money.

21.1.2 Lot 2 "Websites, web content management systems and other

computer services" – Quality of the tender

For Lot 2 the contract will be awarded to the tenderer who has obtained at least the minimum number of points required for the quality criteria (75/100) and has submitted the tender offering the best value for money.

The award criteria comprise:

1) the analysis of the replies to the two case studies10 to be carried out (see Annex II.1) in relation to the elements listed below and the draft service level agreement (SLA) included in the tender;

2) the financial value of the tender (the figures must tally with the price schedules). All prices should be indicated in euros and exclusive of tax and duty, including VAT.

Quality of the tender

Each of the case studies for Lot 2 will be marked out of 100, as follows.

"Development of information systems"

Case study 1 (Content management system)

• Quality, clarity and consistency of the working method and tools proposed for

implementation and, in particular, the approach proposed for handling documents within the project team, including Commission staff (20 points; minimum required:13 points).

• Quality and clarity, of the documents produced (40 points; minimum required: 25 points).

10 The case studies do not in any way prejudge the services which the contractor(s) may be required to

provide.

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• Quality, clarity and feasibility of the proposal to re-use ready-made modules to reduce the average cost of developing the web content management system, as specified in the study (20 points, minimum required: 13 points).

• Quality and clarity of the proposed cost estimation method (20 points; minimum required: 13 points).

"Graphic art"

Case study 2 (New JLS site)

• Understanding of the needs related to the JLS subject matter and the target

audiences in the analysis of the reorganisation and the proposed navigation methods (20 points).

• Relevance of the reorganisation and the proposed navigation method (30 points).

• Graphic quality of the new newsroom on various internet browsers, when printed and on mobile personal digital assistants (30 points).

• Technical quality of the proposed newsroom (HTML, CSS, JavaScript, IPG, WAI, …) (20 points).

To enable the Commission to assess his bid, the tenderer must, for each of the case studies for Lot 2:

• carry out the work requested in accordance with the specifications for the case

studies. The tenderer must provide a list of ready-made modules which are available for use in the work requested by the Commission;

• describe the methods that he intends to use to ensure that the work is of a high quality and done on time, whether it is carried out by himself, by subcontractors or by other members of the consortium, drawing in particular on the proposal for a service level agreement to be completed in Annex III.5;

• where appropriate, describe in this proposal the methods that he intends to use to organise and monitor to the best of his ability, the work, the structure created, the interfaces with the subcontractors or other members of the consortium and each party's functional responsibilities within the structure;

• describe the methods that he intends to use to work as closely as possible with the Commission in Brussels and to ensure continuity in the delivery of the services.

Only tenders that have obtained at least 75/100 for each case study will be considered for the next stage, which consists in calculating the financial value of the tenders and then determining which offers the best value for money.

21.1.3 Lot 3 "Audiovisual material, events, communication campaigns" -

Quality of the tender

For Lot 3 the contract will be awarded to the tenderer who has obtained at least the minimum number of points required for the quality criteria (75/100) and has submitted the tender offering the best value for money.

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The award criteria comprise:

1) the analysis of the replies to the four case studies11; 2) the budget for the case studies, which should be as detailed as possible (the

figures must tally with the price schedules). All prices should be indicated in euros and exclusive of tax and duty, including VAT.

Quality of the tender

Each of the case studies for Lot 3 will be marked out of 100, as follows.

"Audiovisual material"

Case study 1 (Making a video news release and securing media coverage)

• Relevance of the methodology and tools proposed for shooting and producing

the video (35 points). • Relevance of the methodology and tools proposed for promoting securing

media coverage for the video (35 points). • Relevance of the proposed content of the video (30 points).

"Events"

Case study 2 (Organising a conference)

• Relevance of the methodology and tools proposed for organising the

conference (50 points). • Quality of the “virtual” organisation of the conference (50 points).

Case study 3 (Organising an exhibition in the 27 EU capitals)

• Relevance of the methodology and tools proposed for organising the travelling

exhibition (40 points). • Quality of the “virtual” organisation of the exhibition in Bucharest, excluding

the press conference (35 points). • Quality of the “virtual” organisation of the press conference in Bucharest (25

points).

"Communication campaigns"

Case study 4 (Organising a competition in the 27 EU capitals) • Relevance of the methodology and tools proposed for organising the

competition (35 points). • Quality of the “virtual” organisation of the competition in Slovakia, excluding

the national award ceremony (25 points).

11 The case studies do not in any way prejudge the services which the contractor(s) may be required to

provide.

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• Quality of the “virtual” organisation of the national award ceremony in Bratislava, including transport (20 points).

• Quality of the “virtual” organisation of the European award ceremony in Brussels, including transport (20 points).

To enable the Commission to assess his bid, the tenderer must, for each of the case studies for Lot 3:

• describe in detail how he plans to carry out the prescribed tasks, carefully

specifying the organisational arrangements and the various stages of the work, estimating how long they will take and identifying the most important points;

• describe the methods that he intends to use to ensure that the work is of a high quality and done on time, whether it is carried out by himself, by subcontractors or by other members of the consortium;

• where appropriate, describe the methods that he intends to use to organise and monitor to the best of his ability the work of subcontractors or other members of the consortium;

• describe the methods that he intends to use to enable him to work on a regular basis in countries other than his own and in languages other than his mother tongue;

• describe the methods he intends to use to work as closely as possible with the Commission, in Brussels and in the Member States.

Only tenders that have obtained at least 75/100 for each case study will be considered for the next stage, which consists in calculating the financial value of the tenders (sum of the prices of the four case studies) and then determining which offers the best value for money.

21.2. Financial value 21.2.1 Lot 1 "Writing and graphic art" – Financial value of the tender

To determine the financial value of the tender, the prices of the two case studies will be added together to obtain a total price. 21.2.2 Lot 2 "Websites, web content management systems and other

computer services" – Financial value of the tender

The tenderer must complete the following table using the amounts quoted in his price schedule. The price of each profile/role will be multiplied by its corresponding weight and the final weighted total will be the sum of all the weighted prices. The weighted total will be included in the final evaluation formula.

Weight

(W)

Price in € (to be filled in by the tenderer)

(P)

Weighted price

(W * P)

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Analysis & Studies Business Designer/Analyst 4.38% Senior System Analyst 6.13% System Analyst 2.02% Requirements Specifier 2.62% IS Senior Consultant 0.52% IS Consultant 0.52%

Development Senior Implementer 7.28% Implementer 7.28% User Interface Designer 1.32% Senior Software Architect 2.80% Software Architect 2.80% Database Designer/Manager 1.32% Integrator 10.08% Management Project Manager 10.08% Change Control Manager 1.32% Configuration Manager 3.07% Test Manager 5.26% Deployment Manager 0.87% Management Reviewer 0.44% Production and Support Technical Writer 0.44%

Course Developer - User Assistance Person 0.44%

Web Master 1.32% Testers Tester 5.96% Test Designer 10.49% Website management Editor 7.28% Web technician 1.32% Graphic web designer 1.32% Documentalist 1.32% Final Weighted Price (sum of all weighted prices):

21.2.3 Lot 3 "Audiovisual material. events. communication campaigns"

Financial value of the tender

To determine the financial value of the tender, the prices of the four case studies will be added together to obtain a total price.

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22. FINAL EVALUATION

22.1 Lot 1 "Writing and graphic art"

The final evaluation for each tender will consist in calculating the ratio obtained by dividing the sum of the points of the two case studies (multiplied by 1 000) by the sum of the prices of the two case studies:

1000*offres

offres

PxPt

where:

offresPt = the sum of the points of the tenders

offresPx = the sum of the prices of the tenders

Tenders will be ranked in descending order on the basis of the ratio obtained. For Lot 1. the contract will be awarded to the three tenderers whose tenders have obtained the highest ratios at the end of the final evaluation. of the four case studies:

1000*offres

offres

PxPt

Where:

offresPt = the sum of the points of the tenders

offresPx = the sum of the prices of the tenders

Tenders will be ranked in descending order on the basis of the ratio obtained. For Lot 1 the contract will be awarded to the three tenderers whose tenders have obtained the highest ratios at the end of the final evaluation.

22.2 Lot 2 " Websites, web content management systems and other computer services "

To determine the best tender, the price (financial evaluation) will be given a weighing of 40 % and the quality (technical evaluation) a weighting of 60 %. Price and quality will then be combined using the following formula:

40*60* _

_ offre

élevémoins

offremeilleure

offre

PP

QQ

+

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Where:

1___ casdeétudeQ = mark of case study 1

2___ casdeétudeQ = mark of case study 2

10030*70* 2__1__ studycasestudycase

offer

QQQ

+= = Quality score of the offer

bestofferQ = quality score of the best offer (passed to the award phase)

cheapestP = final Weighted Price of the cheapest offer (passed to the award phase)

offerP = final Weighted Price of the offer

Tenders will be ranked in descending order on the basis of the ratio obtained. For Lot 2 the contract will be awarded to the three tenderers whose tenders have obtained the highest ratios at the end of the final evaluation.

22.3 Lot 3 "Audiovisual, material, events, communication campaigns" The final evaluation for each tender will consist in calculating the ration obtained by dividing the sum of the points of the four cases studies (multiplied by 1 000) by the sum of hte price of the four case studies:

1000*offres

offres

PxPt

Avec:

offresPt = the sum of the points of tenders

offresPx = the sum of the price of tenders

Tenders will be ranked in descending order on the basis of the ratio obtained. For Lot 3 the contract will be awarded to the three tenderers whose tenders have obtained the highest ratios at the end of the final evaluation.

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ANNEXES ANNEX I: ANNEXES COMMON TO THE 3 LOTS Page 43 Annex I.1: Tenderer identification form 44 Annex I.2: Financial identification form 46 Annex I.3: Exclusion criteria form 47

ANNEX II: ANNEXES SPECIFIC TO LOT 1 49 Annex II.1: Lot 1 case studies 50 Annex II.2: Lot 1 price schedule 54 Annex II.3: Draft framework contract for Lot 1 and annexes 65 Annex II.3a: Specification 87 Annex II.3b: Contractor's tender (including completed price schedule) 88 Annex II.3c: Specific contract - model 89 Annex II.3d: Contractor's travel and subsistence expenses 96

Annex II.3e: Financial guarantee 100

Annex II.3f: Power of attorney 102

ANNEX III: SPECIFIC ANNEXES TO LOT 2 104 Annex III.1: Indicative list of products 105

Annex III.2: Profile and roles 107

Annex III.3: Questionnaire 120

Annex III.4: Lot 2 case studies and annexes 169

Annex III.4a: Vision document 182

Annex III.4b: Software Development Plan 203

Annex III.4c: Software Architecture Document 217

Annex III.5: Service Level Agreement (SLA) 230

Annex III.6: Lot 2 price schedule 236

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Annex III.7:Proposed framework service contract for Lot 2 and annexes 240

Annex III.7a: List of services covered by the contract and price schedule 268

Annex III.7b: Power of attorney 269

Annex III.7c: Identification form and legal entities 271

Annex III.7d: - Specification (Invitation to tender No [complete] of [complete]) 272 - Original archived at the Commission’s premises

Annex III.7e: - Contractor's tender (No [complete] of [complete]) 273 - Original archived at the Commission’s premises

Annex III.7f: Specific contracts and order forms – Models 274

Annex III.7g: Financial guarantee – Model 275

Annex III.7h: Performance guarantee – Model 277

Annex III.7i: Service Level Agreement 278

Annex III.7j: Daily travel and subsistence allowance for the contractor 279

Annex III.7k: III – General terms and conditions for information technologies contracts 281

ANNEXE IV: SPECIFIC ANNEXES TO LOT 3 281 Annex IV.1: Lot 3 case studies 282 Annex IV.2: Lot 3 price schedules 295 Annex IV.3: Draft framework contract for Lot 3 and annexes 318 Annex IV.3a: Specification 341

Annex IV.3b: Contractor's tender (including completed price schedule) 342

Annex IV.3c: Specific contract - model 343

Annex IV.3d: Contractor's travel and subsistence expenses 347

Annex IV.3e: Financial guarantee 348

Annex IV.3f: Power of attorney 350

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ANNEX I: ANNEXES COMMON TO THE 3 LOTS

Annex I.1: Tenderer identification form 44 Annex I.2: Financial identification form 46 Annex I.3: Exclusion criteria form 47

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ANNEX I.1

TENDERER IDENTIFICATION FORM

(To be completed by the tenderer)

Call for tenders No [… ]

Identity:

Name of tenderer

Legal form

Date of registration

Country of registration

Registration number

VAT number

Description of statutory social security cover (in the Member State of origin)12

Address

Address of registered office of tenderer

Where appropriate, administrative address of candidate for the purposes of this invitation to tender

Contact person

Surname

First name

Title (Mr/Mrs)

Function (for example: "Director")

Telephone number

12 For natural persons.

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Fax number

E-mail

Internet address

Names of legal representatives

Names of the legal representatives and of other persons authorised to sign the contracts with the third parties

Declaration by an authorised representative of the organisation13:

The undersigned declares that the information provided in this tender is exact.

Surname

First name

Title (Mr/Mrs)

Function (for example: "Director")

Telephone number

Fax number

E-mail

Internet address

Surname: First name:

Signature:

13

This person must be included in the list of legal representatives, otherwise the signature on the tender will be invalidated.

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ANNEX I.2

FINANCIAL IDENTIFICATION FORM

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ANNEX I.3

EXCLUSION CRITERIA FORM

DECLARATION BY THE TENDERER

1. In accordance with Article 93 of the Financial Regulation of the European Communities (Council Regulation No 1605/2002 of 25 June 2002), published in Official Journal L 248 of 16 September 2002, I declare on my honour that I am not in any of the following situations, which would exclude me from participating in this procurement procedure:

a) bankrupt or being wound up, having my affairs administered by the courts, having entered into an arrangement with creditors, having suspended business activities, or in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

b) having been the subject of a conviction res judicata for any offence affecting my professional integrity;

c) having been guilty of grave professional misconduct proven by any means which the contracting authorities can justify;

d) having failed to fulfil my obligations in respect of payment of social security contributions or of taxes in accordance with the legal provisions of the country where I am established, the country of the contracting authority or the country in which the procurement contract is to be performed;

e) having been the subject of a res judicata judgment for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;

f) having been declared to be in serious breach of contract for failure to comply with my contractual obligations following another public procurement procedure or grant award procedure financed by the Community budget .

2. The Commission shall accept, as sufficient evidence that the tenderer is not in one of the situations described in a), b) or e) above, 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.

The Commission shall accept, as sufficient evidence that the tenderer is not in the situation described in d) above, a recent certificate issued by the competent authority of the Member State concerned.

Where no such certificate is 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 returning this form, duly signed, the tenderer undertakes to provide the

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Commission with the above-mentioned documents, together with any other document that the Commission considers useful for verification purposes.

3. Furthermore, I declare on my honour:

a) that, at the date of submission of the tender, the company/organisation I represent and the staff proposed for this tender are not subject to a conflict of interest as a result of this invitation to tender. I undertake to inform the Commission without delay of any change in this situation after the date of submission of the tender;

(b) that the information provided to the Commission within the context of this invitation to tender is accurate, truthful and complete.

Done at ………………………………. on…………………………………. Surname and first name: ……………………………... Title: ………………………………. Signature: ……………………………….

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ANNEX II: ANNEXES SPECIFIC TO LOT 1

Annex II.1: Lot 1 case studies 50 Annex II.2: Lot 1 price schedule 54 Annex II.3: Draft framework contract for Lot 1 and annexes 65 Annex II.3a: Specification 87 Annex II.3b: Contractor's tender (including completed price schedule) 88 Annex II.3c: Specific contract - model 89 Annex II.3d: Contractor's travel and subsistence expenses 96

Annex II.3e: Financial guarantee 100

Annex II.3f: Power of attorney 102

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ANNEX II.1

Lot 1 case studies

Lot 1 "Writing and graphic art"

"Graphic art"

Case study 1 (design and production of a poster) The Directorate-General for Justice, Freedom and Security has decided to produce a poster informing entities that may be eligible for financing in the area of "Security and Safeguarding Liberties" about new financing possibilities within the 2007-2013 financial perspective (Framework programme "Security and Safeguarding Liberties"). The requirements are as follows: • the poster must be printed in four colours and in A2 format; • the tenderer will determine the poster illustrations and text; • the poster must be translated into the 23 official languages of the European Union; • the tenderer must draw up a mailing list, targeting the entities that may be eligible for

financing under the financial programme referred to (public authorities, universities, etc.). The list must contain 15 000 addresses in the 27 Member States (the number of addresses in each country should be proportional to the population of the country);

• each copy of the poster must be folded in four, put in an envelope and labelled; • the contractor must send the posters to the recipients in the EU Member States. Tenderers must: • propose the poster mock-up (A2 format); • present the methodology to be used to identify the target audiences; • propose a detailed budget which must cover among other things identification of the

target audiences and the design, translation, production, packaging and sending of the following numbers of copies to the recipients in the EU Member States (NB.: these figures were chosen arbitrarily solely for this exercise and do not represent a real-life situation since the number of posters sent in each country must be in proportion to the population of that country):

EN 1 200 FR 1 200 DE 1 200 NL 1 200 ES 1 200 IT 1 200 PL 1 200 BG 1 200

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RO 1 200 HU 1 200 GR 300 FI 300 SL 300 SK 300 CZ 300 LT 300 LV 300 ET 300 PT 300 DK 300 SV 300 IR 300 MT 300

Summary of scoring: • quality of poster layout (35 points) • relevance of the methodology for identifying target audiences (35 points) • relevance of poster content (30 points)

Tenderers should consult in particular the "Funding" section of the DG JLS website: http://ec.europa.eu/justice_home/funding/intro/funding_intro_en.htm.

"Writing"

Case study 2 (design, production and distribution of an information booklet with DVD)

The Directorate-General for Justice, Freedom and Security has decided to produce a booklet to inform the general public on the political priorities arising from the Hague Programme and from the "action plan" for implementation of that programme. This booklet must contain a DVD comprising the main basic documents. The requirements are as follows: • the booklet must be printed in four colours and in B5 format; • the booklet must be translated into the 23 official languages of the European Union; • Paper: 350g for the cover and 135g for the interior; • the DVD will be made up of 12 sections, structured as follows:

• an HTML introductory page containing basic general documents; • an HTML page for each of the 10 priorities identified by the "action plan". Each

of these pages must contain the main documents available in each field (three documents on average);

• an HTML page on the implementation of the Hague Programme ("Scoreboard Plus") containing the related documents.

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• each page must be available in the 23 official languages of the European Union; • the DVDs must be produced by pressing and have a label showing the booklet layout; • the DVDs must be placed in transparent jackets which should be stuck inside the

booklet cover; • the text of the booklet (approximately 65 000 characters) and of the DVD will be

determined by the contractor; • the illustrations for the booklet and the DVD will be chosen by the contractor; • the product will be distributed in Brussels at public events or visits and by the

European Commission's offices in the Member States; • the product must be delivered to the European Commission in Brussels in packages

each containing 25 copies. Tenderers must: • propose the layout mock-up for the booklet (cover and an internal page model); • propose a structure for the booklet content; • propose the mock-up for the DVD label; • propose the HTML introductory page (Level 1 compatibility WAI) for the DVD

(electronic format and paper); • draft the introduction for the booklet (3 000 characters, tolerance +/- 10%); • propose a detailed budget which must cover the design, translation, production,

packaging and delivery of the following numbers of copies to the European Commission in Brussels14: EN 4 800 FR 4 800 DE 3 200 NL 800 ES 800 IT 800 PL 800 BG 400 RO 400 HU 200 GR 200 FI 200 SL 200 SK 200 CZ 200 LT 200 LV 200 ET 200 PT 200 DK 200 SV 200 IR 200

14 Prices must include delivery of the products to the European Commission in Brussels. Accordingly, this

delivery does not have to be invoiced separately.

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MT 200 Summary of scoring: • quality of the graphic art for the booklet, the DVD and the HTML page (40 points); • relevance and quality of the text proposed for the introduction to the booklet (40

points); • relevance of the structure proposed for the booklet and for the HTML page (20

points). Tenderers should consult in particular the "Funding" section of the DG JLS website: http://ec.europa.eu/justice_home/news/information_dossiers/the_hague_priorities/index_en.htm and http://ec.europa.eu/justice_home/news/information_dossiers/the_hague_2006/index_en.htm

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ANNEX II.2

Lot 1 "Writing and graphic art"

Price schedule

Important remarks Since the specific agreements will be concluded on the basis of the price schedules, these schedules, duly completed, dated and signed, must be attached to the tender. The tenderer must complete the entire price schedule for the services and materials in question. Prices will be indicated in euros, excluding VAT. Only one amount should be indicated per unit. The prices quoted in the schedules should be flat-rate amounts covering all general expenses and the expenses associated with provision of the services, including third-party liability insurance and all compulsory insurance. No modifications are allowed. Any modification may result in rejection of the tender. Exception: If he deems it necessary, the tenderer may, provided that detailed reasons are given, add items to the price schedule, up to a maximum of 20% of the number of items already included. These prices should be in line with the tenderer's usual pricing policy and comparable with the market prices for the type of service or material indicated. In the specific case of technologies not yet foreseeable or available, in particular in the field of IT or multimedia, the Commission may, at a future date, ask the Contractor for additional products or services, which the Contractor must propose at the most favourable market price. In these cases, the Contractor will propose a price corresponding to the schedule structure and price level. This proposal will be subject to agreement by the Commission. Unless otherwise stated, all prices must include delivery of the products to the Commission in Brussels. A paper or web page to be written or translated means: 1 500 characters without spaces.

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Lot 1 "Writing and graphic art"

Price schedule Company: _____________________________________________________________ Surname and first name: _________________________________________________ Date: ______________________________________________________________ Signature: __________________________________________________________

Writing, designing, producing and distributing graphic material

Description

Unit price

Staff . project manager . project leader . assistant project leader . editor . secretary . graphic designer . graphic creator (producing graphics, tables, drawings, etc.) . designer of HTML structure and browser . information collector15 . journalist/copywriter . photographer16 . copywriter

… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day …euros/person/day… euros/person/day …euros/person/day

… euros/pageCorrection of typing errors, spelling and grammar17

… euros/page

Correction of style18

… euros/page

Adaptation of a text19

… euros/page

Proof-reading … euros/page

15 For example, Internet searches, searches in archives, searches for specific examples, searches for

illustrations, search for interviewees and search for photographs or other illustrations. 16 This item will also be used for the purchase of rights to publish existing photos on paper or on the

Internet; the cost will therefore be calculated in terms of its equivalent in “euros/person/day”. 17 Does not involve rewriting. 18 Requires rewriting of certain passages. 19 May require rewriting of the entire text.

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Design or adaptation of a graphic chart for the publications and the publicity material . design of a new graphic chart . adaptation of an existing graphic chart

… euros/unit… euros/unit

Translation . from EN into FR and from FR into EN . from EN or FR into another language . from another language into EN or FR . from another language into another language . surcharge for an urgent translation (24 hours)

… euros/page… euros/page… euros/page… euros/page

+ … %

Quantitative monitoring of coverage of a specific subject by the press and on-line press

… euros/person/day

Qualitative monitoring of coverage of a specific subject by the press and on-line press (analysis of the development of the issues covered, analysis of the standpoint of opinion formers and of the media, etc.)

… euros/person/day

Drafting of a report on the quantitative and qualitative follow-ups … euros/person/dayDigitalising photographs/illustrations . for publication in paper form (300 dpi) . for publication on the web (72 dpi)

… euros/unit… euros/unit

Retouching photographs … euros/unitHire of non-copyright photos (for example, from a media library belonging to the tenderer)

… euros/unit

Storage of 100 photographs on CD-ROM … euros/CD-ROMStorage of 100 photographs on DVD … euros/DVD. Development of a photograph . 10 * 15 cm . 20 * 30 cm . 30 * 45 cm . 40 * 60 cm . 50 * 75 cm . Making copies of a photograph on the basis of at least 10 units . 10 * 15 cm . 20 * 30 cm . 30 * 45 cm . 40 * 60 cm . 50 * 75 cm . Supply of frames on the basis of at least 10 units for photographs of . 20 * 30 cm . 30 * 45 cm . 40 * 60 cm . 50 * 75 cm

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit

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. 70 * 100 cm . more than 70 * 100 cm . framing

… euros/unit… euros/unit

… euros/unitPage layout from electronic original (text only) . A6 format . A5 format . A4 format . A3 format . A2 format . A1 format . A0 format . B5 format . C5 format

… euros/page… euros/page… euros/page… euros/page… euros/page… euros/page… euros/page… euros/page… euros/page

Layout from electronic original (text + illustrations) . A6 format . A5 format . A4 format . A3 format . A2 format . A1 format . A0 format . B5 format . C5 format

… euros/page… euros/page… euros/page… euros/page… euros/page… euros/page… euros/page… euros/page… euros/page

Colour proof (Iris type, sublimation or digital print-out) . A6 format . A5 format . A4 format . A3 format . A2 format . A1 format . A0 format . B5 format . C5 format

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Chemical colour proof made from films . A6 format . A5 format . A4 format . A3 format . A2 format . A1 format . A0 format . B5 format . C5 format

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Production of films (2 400 dpi)

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. A6 format

. A5 format

. A4 format

. A3 format

. A2 format

. A1 format

. A0 format

. B5 format

. C5 format

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Printing of publications20 . . A6 format . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000-2 999 copies . 3 000-4 999 copies . 5 000-9 999 copies . 10 000 copies or more . A5 format . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000-2 999 copies . 3 000-4 999 copies . 5 000-9 999 copies . 10 000 copies or more . A4 format . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000-2 999 copies . 3 000-4 999 copies . 5 000-9 999 copies . 10 000 copies or more . B5 format . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit

20 In four colours, eight pages, paper 135 g.

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. 1 000-1 999 copies . 2 000-2 999 copies . 3 000-4 999 copies . 5 000-9 999 copies . 10 000 copies or more . C5 format . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000-2 999 copies . 3 000-4 999 copies . 5 000-9 999 copies . 10 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Production of a poster21 . mock-ups . A3 format . A2 format . A1 format . A0 format . 40 * 60 cm format . 50 * 70 cm format . 70 * 100 cm format . printing . A3 format . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000-2 999 copies . 3 000-4 999 copies . 5 000-9 999 copies . 10 000 copies or more . A2 format . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000-2 999 copies . 3 000-4 999 copies . 5 000-9 999 copies . 10 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

21 In four colours, paper 170 g.

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. A1 format . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000-2 999 copies . 3 000-4 999 copies . 5 000-9 999 copies . 10 000 copies or more . A0 format . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000-2 999 copies . 3 000-4 999 copies . 5 000-9 999 copies . 10 000 copies or more . 40 * 60 cm format . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000-2 999 copies . 3 000-4 999 copies . 5 000-9 999 copies . 10 000 copies or more . 50 * 70 cm format . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000-2 999 copies . 3 000-4 999 copies . 5 000-9 999 copies . 10 000 copies or more . 70 * 100 cm format . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

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. 2 000-2 999 copies . 3 000-4 999 copies . 5 000-9 999 copies . 10 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit

Production of folders for A4 format documents22 . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Reproduction of an A4 page, black and white . fewer than 100 copies . 100-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Reproduction of an A4 page, black and white, on both sides . fewer than 100 copies . 100-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Production of panels23 (or another material) 3 mm . less than 0.70 * 1 m . equal to more than 0.70 * 1 m

… euros/unit… euros/unit

Production of banners24 (interior/outside use)

… euros/m²

Printing of covering for information stand . 4 strips 0.747 x 2.28 m . 2 side strips 0.381 x 2.28 m

… euros/unit… euros/unit

Putting A4 documents weighing between 20g and 100g into plastic film envelopes with address labels, and delivering them to the post office (excluding postage costs)

… euros/unit

Making up parcels with address labels and depositing them at the post office or with an express courier service (excluding post and packaging costs)

… euros/unit

Sending of envelopes or parcels by national express mail

22 Closed format: A4+ (215 x 302 mm) Printing: full four colours. Paper: interior 350 g/m² - matt-coated.

Finish: three flaps. 23 One scanned photo, high resolution, 70 x 90 cm, with a heading, subheading and a few lines of text;

protective coating; support. 24 Base for a cover of 60 * 200 cm; one scanned photo, high resolution, 70 * 90 cm, with a heading,

subheading and a few lines of text.

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. 20g

. 50g

. 100g

. 300g

. 500g

. 1kg and above

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/kgSending of envelopes or parcels by normal national mail . 20g . 50g . 100g . 300g . 500g . 1 kg and above

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/kgNational transport of heavy parcels … euros/kg/kmSending of envelopes or parcels by international express mail (within the EU) . 20g . 50g . 100g . 300g . 500g . 1kg and above

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/kgSending of envelopes or parcels by normal international mail (within the EU) . 20g . 50g . 100g . 300g . 500g . 1kg and above

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/kgInternational transport (within EU) of heavy parcels … euros/kg/kmLocal transport of small parcels … euros/unitProduction of a CD ROM presentation containing 15 texts + 15 tailor-made graphics

… euros

Production of a DVD-R including authoring and programming and containing 15 texts + 15 tailor-made graphics

… euros

Copying of CD-ROM by pressing . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Copying of CD-ROM by recording (emergency procedure) . fewer than 100 copies … euros/unit

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. 100-299 copies

. 300-499 copies

. 500-999 copies

. 1 000-1 999 copies

. 2 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Copying of DVD-R by pressing . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Copying of DVD-R by recording (emergency procedure) . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Printing of a four-colour label on a CD-ROM/DVD . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Supply of copies of a CD-ROM/DVD in a "Diva Box" . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Supply of copies of a CD-ROM/DVD in a small transparent plastic sleeve . fewer than 100 copies . 100-299 copies . 300-499 copies . 500-999 copies . 1 000-1 999 copies . 2 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Memo pad ("Post-it®") with four-colour marking25

25 Examples of possible inscriptions: the European flag, "European Union", "Justice, Freedom, Security"

and the DG JLS website address.

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. Rectangular memo pad ("Post-it®")26 . 1 000 units . 5 000 units . 10 000 units or more . Round memo pad ("Post-it®")27 . 1 000 units . 5 000 units . 10 000 units or more

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

Possible surcharge

Description

Unit price

For any service involving personnel costs: surcharge for any work done on Saturdays, Sundays or public holidays, subject to agreement of the Commission

… %

Items which may be added by the tenderer28

Description

Unit price

… …… …… …For any service involving personnel costs: surcharge for any work done on Saturdays, Sundays or public holidays, subject to agreement of the an Commission

+ … %

26 Pad with 50 notes, rectangular, size: +/- 100 * 70 mm. 27 Pad with 50 notes, round, size:+/- 7 cm. 28 Up to a maximum of 20% of the number of items already included.

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ANNEX II: 3

DRAFT FRAMEWORK CONTRACT FOR LOT 1 AND ANNEXES

Annex II.3a: Specification 87 Annex II.3b: Contractor's tender (including completed price schedule) 88 Annex II.3c: Specific contract - model 89 Annex II.3d: Contractor's travel and subsistence expenses 96

Annex II.3e: Financial guarantee 100

Annex II.3f: Power of attorney 102

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EUROPEAN COMMISSION DIRECTORATE-GENERAL JUSTICE, FREEDOM AND SECURITY Directorate A : General affairs

DRAFT FRAMEWORK SERVICE CONTRACT

CONTRACT N° … (Lot 1)

The European Community (hereinafter referred to as “the Community”), represented by the Commission of the European Communities (hereinafter referred to as “the Commission”), which is represented for the purposes of the signature of this contract by Mr Tung-Laï Margue Director Directorate-General for Justice, Freedom and Security Directorate A - General Affairs, of the one part, and [official name in full] [official legal form] (delete if contractor is a natural person or a body governed by public law) [statutory registration number] (delete if contractor is a body governed by public law; for natural persons, indicate the number of their identity card or, failing that, of their passport or equivalent) [official address in full] [VAT registration number] (hereinafter referred to as “the Contractor”), represented for the purposes of the signature of this contract by [name in full and function], of the other part,

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HAVE AGREED

the Special Conditions and the General Conditions below and the following Annexes:

Annex I: Tender Specification (Invitation to Tender No [complete] of [complete]) Annex II: Contractor's tender (No [complete] of [complete]) Annex III: Specific contract Annex IV: Contractor’s travel and subsistence expenses Annex V: Financial guarantee which form an integral part of this contract (hereinafter referred to as “the Contract”). The terms set out in the Special Conditions shall take precedence over those in the other parts of the Contract. The terms set out in the General Conditions shall take precedence over those in the Annexes. The terms set out in the Tender Specifications (Annex II.3a) shall take precedence over those in the orders and specific contracts (Annex II.3c), the latter taking precedence over the Tender (Annex II.3b). Subject to the above, the several instruments forming part of the Contract are to be taken as mutually explanatory. Ambiguities or discrepancies within or between such parts shall be explained or rectified by a written instruction issued by the Commission, subject to the rights of the Contractor under Article I.8 should he dispute any such instruction.

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I - SPECIAL CONDITIONS

Article I.1 - SUBJECT I.1.1 The subject of the Contract is the design, drafting and production in any medium

of information products and promotional material relating to the activities of the European Union, particularly but not exclusively in the fields of justice, freedom and security.

The work could include the following (this list is not exhaustive):

• helping to identify target groups and their needs; • researching, collecting and analysing data and documents; • writing, translating, revising and adapting documents such as reports,

magazines, newsletters, memos, brochures, leaflets, notices, panels, webpages and other information products;

• identifying, designing, planning and drafting information products for use in publicity campaigns;

• writing advertisements; • writing reports, press articles and interviews; • writing and producing promotional and presentational material; • graphic design, picture research, illustrations, layout, production of electronic

files (QuarkXpress, Adobe InDesign, pdf press optimized) and films for printing publications such as reports, brochures, leaflets, posters, newsletters, memos, magazines, etc.;

• adapting all the above products with a view to putting them on websites and/or an electronic format (CD-Rom, DVD, etc.);

• design and graphic production of advertisements; • photo-reportage; • building up and running a photo library, and dealing with copyright issues; • design and limited print run of graphic material for promotions and

presentations (posters, maps, etc.); • putting the material produced into envelopes; • dispatching and transporting the material produced.

I.1.2 Signature of the Contract imposes no obligation on the Commission to purchase.

Only implementation of the Contract through orders and specific contracts is binding on the Commission

I.1.3 Once implementation of the Contract has been asked for or has commenced, the

Contractor shall reply and execute the tasks in accordance with all terms and conditions of the Contract.

I.1.4 The Contract does not confer on the Contractor any exclusive right to provide the

services described in Annex II.3a to the Commission. The Contractor shall be selected as the [first/second/third] contractor in a multiple framework contract (cascade system). The other contractors selected in the order established at the time of the evaluation of tenders are:

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[names and addresses of the other two contractors]

Article I.2 - DURATION I.2.1 The Contract shall enter into force on the date on which it is signed by the last of

the contracting parties. I.2.2 Under no circumstances may implementation commence before the date on which

the Contract enters into force. Execution of the tasks may under no circumstances begin before the date on which the order or specific contract enters into force.

I.2.3 The Contract is concluded for a period of twelve months with effect from the date

on which it enters into force. This contractual period and all other periods specified in the Contract are calculated in calendar days unless otherwise indicated.

I.2.4 The orders or specific contracts shall be returned signed before the Contract to

which they refer expires.

The Contract shall continue to apply to such orders and specific contracts after its expiry, but no later than the sixth month following its expiry.

I.2.5 The Contract may be renewed up to three times, each time for a period of one

year, but only before expiry of the Contract and with the express written agreement of the parties. Renewal should not imply any modification or deferment of existing obligations.

Article I.3 – PRICES I.3.1 The price of the services shall always be calculated on the basis of the price

schedule as set out in Annex II.2.

The maximum total amount to be paid by the Commission under the Contract (including travel and subsistence expenses) shall be EUR 2 000 000 (two million euros) covering all tasks executed.

I.3.2 Prices shall be expressed in euros. I.3.3 Prices shall be fixed and not subject to revision for the first year of the Contract.

From the beginning of the second year of duration of the Contract, each price may be revised upwards or downwards each year, where such revision is requested by one of the contracting parties by registered letter no later than sixty days before the anniversary of the date on which it was signed. The Commission shall purchase on the basis of the prices in force on the date on which orders or specific contracts are signed. Such prices shall not be subject to revision.

The revision shall be determined by the trend in the harmonised consumer price index (MUICP): (euro area), published for the first time by the Office for Official

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Publications of the European Communities in the Eurostat monthly bulletin at http://www.ec.europa.eu/eurostat/. Revision shall be calculated in accordance with the following formula: Pr=Po(Ir/Io) where: Pr = revised price; Po = price in the original tender; Io = index for the month corresponding to the deadline for submission of

tenders; Ir = index for the month corresponding to the date of receipt of the letter

requesting a revision of prices. I.3.4 In addition to the price of services specified in each order or specific contract, the

Contractor’s travel, subsistence and shipment expenses shall be reimbursed in accordance with Article II.7, as shall other expenses provided for by the Tender Specifications throughout implementation of the Contract. The daily subsistence allowance referred to in Article II.7.4(d) shall be determined in accordance with Annex II.3d. In addition, accommodation expenses shall be reimbursed in accordance with Article II.71 up to a maximum amount established in Annex II.3d.

Article I.4 - IMPLEMENTATION OF THE CONTRACT When the Commission sends an order for goods or services to the Contractor, it shall receive a tender within the period of time specified in its order, as a general rule between ten and twenty working days depending on the complexity of the work, counting from the date on which the order was sent. Should the Contractor be unavailable, he shall give reasons for refusal within five days and the Commission shall then be entitled to send a request to the next Contractor on the list. Similarly, in the event of failure to observe this deadline or in the event of a continuing disagreement regarding the tender which cannot be resolved by discussion or negotiation, the Contractor shall be considered unavailable and the Commission shall be entitled to send a request to the next Contractor on the list. Lastly, when the Contractor receives an order or a specific contract from the Commission, he must return it, duly signed and dated, within ten working days from the date on which the order was sent by the Commission. In the event of failure to observe this deadline, the Contractor shall be considered to be unavailable and the Commission shall be entitled to send a request to the next Contractor on the list.

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Article I.5 - PAYMENT PERIODS Payments under the Contract shall be made in accordance with Article II.4. Payments shall be executed only if the Contractor has fulfilled all his contractual obligations by the date on which the invoice is submitted. Payment requests may not be made if payments for previous orders or specific contracts have not been executed as a result of default or negligence on the part of the Contractor. I.5.1 Pre-financing

For orders or specific contracts for a total amount of less than EUR 40 000

There shall be no pre-financing. For orders or specific contracts for a total amount of EUR 40 000 or more

The Contractor may request a pre-financing payment of 30% of the total cost of the services, excluding his travel and subsistence expenses and any unforeseen expenditure.

I.5.2 Interim payment

For orders or specific contracts for a total amount of less than EUR 40 000

No interim payment shall be made. For orders or specific contracts for a total amount of EUR 40 000 or more

• No interim payment shall be made for work lasting less than six months.

• For services lasting six months or more, the Contractor may request an interim payment of 30% of the total cost of the service, excluding his travel and subsistence expenses and any unforeseen expenditure. Requests for interim payment by the Contractor shall be admissible only if accompanied by the interim technical report produced in accordance with the instructions in the order or specific contract or by the acknowledgement of receipt of the services provided by the Commission. In the case of a technical report, the Commission shall have twenty days from receipt to approve or reject the report, and the Contractor shall have ten days in which to submit additional information or a new report. The interim payment corresponding to 30% of the total amount of the order or specific contract, excluding the Contractor's travel or subsistence expenses and any unforeseen expenditure, shall be made within thirty days of the date of approval of the report or acceptance of the services by the Commission.

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I.5.3 Payment of the balance The balance shall be paid after performance of the work by the Contractor and acceptance thereof by the Commission within thirty days of receipt of the request for payment. The request for payment of the balance shall be admissible if accompanied by: • either the final technical report in accordance with the instructions laid down in

the order or specific contract, or an acknowledgement of receipt of the service provided by the Commission;

• statements of reimbursable expenses in accordance with Article II.7; • the relevant invoices, indicating the reference number of the Contract and of the

order or specific contract to which they refer. In the case of a technical report, the Commission shall have twenty days from receipt to approve or reject the report, and the Contractor shall have ten days in which to submit additional information or a new report. The balance corresponding to the relevant invoices shall be paid within thirty days of the date on which the report is approved or the service is accepted by the Commission. [For Contractors established in Belgium, the orders shall include the following provision: “En Belgique, l’utilisation de ce bon de commande vaut présentation d’une demande d’exemption de la TVA n° 450” or an equivalent statement in Dutch or German. The Contractor shall include the following statement in his invoice(s): “Exonération de la TVA, article 42, paragraphe 3.3 du code de la TVA” or an equivalent statement in Dutch or German.] [For Contractors established in Italy, the provisions of the Contract constitute a request for VAT exemption, provided that the Contractor includes the following statement in his invoice(s): "Operazione non imponibile ai sensi dell'articolo 72, comma 3) paragrafo 3 del D.P.R. n. 633 del 26/10/1972 come modificato da ultimo dal D.L. n. 323 del 20/06/1996 convertito in Legge n. 425 dell'8/8/1996".]

I.5.4 Financial guarantee

In the case of pre-financing in excess of EUR 150 000 (one hundred and fifty thousand euros), the Commission shall demand a financial guarantee equal to the amount of the pre-financing and provided by a bank, an authorised financial institution or a third party (Annex II.3e).

Article I.6 - BANK ACCOUNT Payments shall be made to the Contractor’s bank account denominated in euros and identified as follows:

Name of bank: [complete]

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Address of branch in full: [complete] Exact designation of account holder: [complete] Full account number including codes: [complete] [IBAN code: [complete]]

Article I.7 - GENERAL ADMINISTRATIVE PROVISIONS Any communication relating to the Contract or to its implementation shall be made in writing and shall bear the Contract number and the order or specific contract number. Ordinary mail shall be deemed to have been received by the Commission on the date on which it is registered by the department responsible, indicated below. Communications shall be sent to the following addresses:

Commission European Commission Directorate-General for Justice, Freedom and Security General Affairs Directorate Information and Communication Unit For the attention of the Head of Unit Office: LX 46 7/81 1049 Brussels Belgium Contractor Mr/Mrs/Ms [… ] [Function] [Company name] [Official address in full]

Article I.8 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES I.8.1 The Contract shall be governed by the national substantive law of Belgium. I.8.2 Any dispute between the parties resulting from the interpretation or application of

the Contract which cannot be settled amicably shall be brought before the courts of Brussels.

Article I.9 - DATA PROTECTION Any personal data included in or relating to the Contract, including its execution, shall be processed pursuant to Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. The data shall be processed solely for the purposes of the performance, management and follow-up of the Contract by the Directorate-General for Justice, Freedom and Security, without prejudice to possible transmission to the bodies charged with a monitoring or inspection task in conformity with Community law. The Contractor shall have the right of access to his personal data and the right to rectify any such data that are inaccurate or incomplete. Should the Contractor have any queries concerning the processing of his personal data, he shall address them to the

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Directorate-General for Justice, Freedom and Security. The Contractor shall have right of recourse at any time to the European Data Protection Supervisor (http://www.cc.cec/dataprotectionofficer/). Article I.10 - TERMINATION BY EITHER CONTRACTING PARTY Either contracting party may, of its own volition and without being required to pay compensation, terminate the Contract by serving two months’ formal prior notice. Should the Commission terminate the Contract, the Contractor shall be entitled to only payment corresponding to the services ordered before the termination date. On receipt of the letter terminating the Contract, the Contractor shall take all appropriate measures to minimise costs, prevent damage, and cancel or reduce his commitments. He shall draw up the documents required by the Special Conditions for the services rendered up to the date on which termination takes effect, within a period not exceeding sixty days from that date.

Article I.11 - OTHER SPECIAL CONDITIONS I.11.1 Penalties In the event of failure to provide the services by the deadline set in the orders or

specific contracts or in due form, penalties shall be applied as follows:

In the event of late delivery

A penalty shall be applied using the following formula: [0.5% of the total value of the service] x [number of working days of delay]. The ceiling for the total amount of the penalty in the event of late delivery shall be 20% of the amount of the order or specific contract. These penalties shall apply automatically without formal notice simply as a result of the delay.

In the event of inadequate quality of work

In the event of inadequate quality of the services after presentation for the second time, the Commission may relieve the defaulting Contractor of his duties under the order or specific contract and entrust the task to the second Contractor on the list or, if necessary and according to the same procedure, the third contractor. In that event, the defaulting contractor shall be required to reimburse any amount which he received under the order or specific contract.

I.11.2 Suspension of services The Commission may, in certain cases, suspend the award of services to the defaulting Contractor.

If the Contractor fails to perform the services by the deadline set with an effect which is damaging to the results of the action and provided that this delay is not caused by the Commission, or if the Contractor is found to have executed an order or specific contract inadequately in at least two respects, the Commission may automatically suspend, by registered letter, the award of the next three services to the defaulting Contractor. This means that the defaulting Contractor is placed at the end of the list.

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II - GENERAL CONDITIONS Article II. 1 - PERFORMANCE OF THE CONTRACT II.1.1 The Contractor shall perform the Contract to the highest professional standards.

The Contractor shall have sole responsibility for complying with any legal obligations incumbent on him, notably those resulting from employment, tax and social legislation.

II.1.2 The Contractor shall have sole responsibility for taking the necessary steps to

obtain any permit or licence required for performance of the Contract under the laws and regulations in force at the place where the tasks assigned to him are to be executed.

II.1.3 Without prejudice to Article II.3, any reference made to the Contractor's staff in

the Contract shall relate exclusively to individuals involved in the performance of the Contract.

II.1.4 The Contractor must ensure that any staff performing the Contract have the

professional qualifications and experience required for the execution of the tasks assigned to him.

II.1.5 The Contractor shall neither represent the Commission nor behave in any way

that would give such an impression. The Contractor shall inform third parties that he does not belong to the European public service.

II.1.6 The Contractor shall have sole responsibility for the staff who execute the tasks

assigned to him.

The Contractor shall make provision for the following employment or service relationships with his staff: • staff executing the tasks assigned to the Contractor may not be given

orders direct by the Commission; • the Commission may not under any circumstances be considered to be the

staff’s employer and the said staff shall undertake not to invoke in respect of the Commission any right arising from the contractual relationship between the Commission and the Contractor.

II.1.7 In the event of disruption resulting from the action of a member of the

Contractor's staff working on Commission premises or in the event of the expertise of a member of the Contractor's staff failing to correspond to the profile required by the Contract, the Contractor shall replace him without delay. The Commission shall have the right to request the replacement of any such member of staff, stating its reasons for so doing. Replacement staff must have the necessary qualifications and be capable of performing the Contract under the same contractual conditions. The Contractor shall be responsible for any delay in the execution of the tasks assigned to him resulting from the replacement of staff in accordance with this Article.

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II.1.8 Should any unforeseen event, action or omission directly or indirectly hamper

execution of the tasks, either partially or totally, the Contractor shall immediately and on his own initiative record it and report it to the Commission. The report shall include a description of the problem and an indication of the date on which it started and of the remedial action taken by the Contractor to ensure full compliance with his obligations under the Contract. In such event the Contractor shall give priority to solving the problem rather than determining liability.

II.1.9 Should the Contractor fail to perform his obligations under the Contract in

accordance with the provisions laid down therein, the Commission may - without prejudice to its right to terminate the Contract - reduce or recover payments in proportion to the scale of the failure. In addition, the Commission may impose penalties or liquidated damages as provided for in Article II.16.

Article II. 2 – LIABILITY II.2.1 The Commission shall not be liable for damage sustained by the Contractor in

performance of the Contract except in the event of wilful misconduct or gross negligence on the part of the Commission.

II.2.2 The Contractor shall be liable for any loss or damage caused by himself in

performance of the Contract, including in the event of subcontracting under Article II.13. The Commission may not be held liable for any act or default on the part of the Contractor in performance of the Contract.

II.2.3 The Contractor shall provide compensation in the event of any action, claim or

proceeding brought against the Commission by a third party as a result of damage caused by the Contractor in performance of the Contract.

II.2.4 In the event of any action brought by a third party against the Commission in

connection with performance of the Contract, the Contractor shall assist the Commission. Expenditure incurred by the Contractor to this end may be borne by the Commission.

II.2.5 The Contractor shall take out insurance against risks and damage relating to

performance of the Contract if such is required by the relevant applicable legislation. He shall take out supplementary insurance as required by standard practice in the industry. A copy of all the relevant insurance contracts shall be sent to the Commission should it so request.

Article II.3 - CONFLICT OF INTERESTS II.3.1 The Contractor shall take all necessary measures to prevent any situation that

could compromise the impartial and objective performance of the Contract. Such a conflict of interest could arise in particular as a result of economic interest, political or national affinity, family or emotional ties, or any other relevant connection or shared interest. Any conflict of interests which could arise during performance of the Contract must be notified to the Commission in writing without delay. In the event of such conflict, the Contractor shall immediately take all necessary steps to resolve it.

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The Commission reserves the right to verify that such measures are adequate and may require additional measures to be taken, if necessary, by a deadline which it shall set. The Contractor shall ensure that his staff, board and directors are not placed in a situation which could give rise to a conflict of interests. Without prejudice to Article II.1, the Contractor shall replace, immediately and without compensation from the Commission, any member of his staff exposed to such a situation.

II.3.2 The Contractor shall abstain from any contact likely to compromise his

independence. II.3.3 The Contractor declares:

• that he has not made and will not make any offer of any type whatsoever from which an advantage can be derived under the Contract;

• that he has not granted and will not grant, has not sought and will not seek, has not attempted and will not attempt to obtain, and has not accepted and will not accept, any advantage, financial or in kind, to or from any party whatsoever, where such advantage constitutes an illegal practice or involves corruption, either directly or indirectly, inasmuch as it is an incentive or reward relating to performance of the Contract.

II.3.4 The Contractor shall pass on all the relevant obligations in writing to his staff,

board and directors as well as to third parties involved in performance of the Contract. A copy of the instructions given and the undertakings made in this respect shall be sent to the Commission should it so request.

Article II. 4 - INVOICING AND PAYMENTS II.4.1 Pre-financing

Where required by Article I.5.1, the Contractor shall provide a financial guarantee in the form of a bank guarantee or equivalent supplied by a bank or an authorised financial institution (guarantor) equal to the amount indicated in the same Article to cover pre-financing under the Contract. Such guarantee may be replaced by a joint and several guarantee by a third party. The guarantor shall pay to the Commission at its request an amount corresponding to payments made by it to the Contractor and which have not yet been covered by equivalent work on his part. The guarantor shall stand as first-call guarantor and shall not require the Commission to have recourse against the principal debtor (the Contractor). The guarantee shall specify that it enters into force at the latest on the date on which the Contractor receives the pre-financing. The Commission shall release the guarantor from its obligations as soon as the Contractor has demonstrated that any pre-financing has been covered by equivalent work. The guarantee shall be retained until the pre-financing has been deducted from interim payments or

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payment of the balance to the Contractor. It shall be released the following month. The cost of providing such guarantee shall be borne by the Contractor.

II.4.2 Interim payment

At the end of each of the periods indicated in Annex I.3a, the Contractor shall submit to the Commission a formal request for payment accompanied by those of the following documents which are provided for in the Special Conditions:

an interim technical report in accordance with the instructions laid down in Annex II.3a;

the relevant invoices indicating the reference number of the Contract and of the order or specific contract to which they refer;

statements of reimbursable expenses in accordance with Article II.7. If the report is a condition for payment, the Commission shall, on receiving it, have the period of time indicated in the Special Conditions in which:

to approve it, with or without comments or reservations, or suspend such period and request additional information; or

to reject it and request a new report. If the Commission does not react within this period, the report shall be deemed to have been approved. Approval of the report does not imply recognition either of its regularity or of the authenticity, completeness or correctness of the declarations and information enclosed. Where the Commission requests a new report because the one previously submitted has been rejected, this shall be submitted within the period of time indicated in the Special Conditions. The new report shall likewise be subject to the above provisions.

II.4.3 Payment of the balance

Within sixty days of completion of the tasks referred to in each order or specific contract, the Contractor shall submit to the Commission a formal request for payment accompanied by those of the following documents which are provided for in the Special Conditions:

a final technical report in accordance with the instructions laid down in Annex II.3a;

the relevant invoices indicating the reference number of the Contract and of the order or specific contract to which they refer;

statements of reimbursable expenses in accordance with Article II.7. If the report is a condition for payment, the Commission shall, on receiving it, have the period of time indicated in the Special Conditions in which:

to approve it, with or without comments or reservations, or suspend such period and request additional information; or

to reject it and request a new report.

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If the Commission does not react within this period, the report shall be deemed to have been approved. Approval of the report does not imply recognition either of its regularity or of the authenticity, completeness or correctness of the declarations and information enclosed. Where the Commission requests a new report because the one previously submitted has been rejected, this shall be submitted within the period of time indicated in the Special Conditions. The new report shall likewise be subject to the above provisions.

Article II. 5 - GENERAL PROVISIONS CONCERNING PAYMENTS II.5.1 Payments shall be deemed to have been made on the date on which the

Commission's account is debited. II.5.2 The payment periods referred to in Article I.5 may be suspended by the

Commission at any time if it informs the Contractor that his payment request is not admissible, either because the amount is not due or because the necessary supporting documents have not been properly produced. In case of doubt on the eligibility of the expenditure indicated in the payment request, the Commission may suspend the time limit for payment for the purpose of further verification, including an on-the-spot check, in order to ascertain, prior to payment, that the expenditure is eligible.

The Commission shall notify the Contractor accordingly by registered letter with acknowledgment of receipt or equivalent. Suspension shall take effect from the date of dispatch of the letter. The remainder of the period referred to in Article I.5 shall begin to run again once the suspension has been lifted.

II.5.3 In the event of late payment, the Contractor may claim interest within two months of receiving the payment. Interest shall be calculated at the rate applied by the European Central Bank to its most recent main refinancing operations (“the reference rate”) plus seven percentage points (“the margin”). The reference rate in force on the first day of the month in which the payment is due shall apply. Such interest rate is published in the C series of the Official Journal of the European Union. Interest shall be payable for the period elapsing from the calendar day following expiry of the time limit for payment up to the day of payment. Suspension of payment by the Commission may not be deemed to constitute late payment.

Article II. 6 – RECOVERY II.6.1 If total payments made exceed the amount actually due or if recovery is justified

in accordance with the terms of the Contract, the Contractor shall reimburse the appropriate amount in euros on receipt of the debit note, in the manner and within the time limits set by the Commission.

II.6.2 In the event of failure to pay by the deadline specified in the request for

reimbursement, the sum due shall bear interest at the rate indicated in Article II.5.3. Interest shall be payable from the calendar day following the due date up to the calendar day on which the debt is repaid in full.

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II.6.3 In the event of failure to pay by the deadline specified in the request for

reimbursement, the Commission may, after informing the Contractor, recover amounts established as certain, of a fixed amount and due by offsetting in cases where the Contractor has a claim on the Communities that is certain, of a fixed amount and due. The Commission may also claim against the guarantee, where provided for.

Article II. 7 – REIMBURSEMENTS II.7.1 Where provided for by the Special Conditions or by Annex II.3a, the Commission

shall reimburse the expenses that are directly connected with execution of the tasks on production of original supporting documents, including receipts and used tickets.

II.7.2 Travel and subsistence expenses shall be reimbursed, where appropriate, on the

basis of the shortest itinerary. II.7.3 Travel expenses shall be reimbursed as follows:

a) travel by air shall be reimbursed up to the maximum cost of an economy-class ticket at the time of the reservation;

b) travel by boat or rail shall be reimbursed up to the maximum cost of a first -class ticket;

c) travel by car shall be reimbursed at the rate of one first class rail ticket for the same journey and on the same day;

d) travel outside Community territory shall be reimbursed under the General Conditions stated above provided that the Commission has given its prior written agreement.

II.7.4 Subsistence expenses shall be reimbursed on the basis of a daily allowance as

follows:

a) for journeys of less that 200km (return trip), no subsistence allowance shall be payable;

b) the daily subsistence allowance shall be payable only the daily subsistence allowance shall be payable only on receipt of a supporting document proving that the person concerned was present at the place of destination;

c) the daily subsistence allowance the daily subsistence allowance shall take the form of a flat-rate payment to cover all subsistence expenses, including accommodation, meals, local transport, insurance and sundries;

d) the daily subsistence allowance shall be paid, where applicable, at the rate specified in Article I.3.

II.7.5 The cost of shipment of equipment or unaccompanied luggage shall be

reimbursed provided that the Commission has given its prior written authorisation.

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Article II. 8 – OWNERSHIP OF THE RESULTS - INTELLECTUAL AND INDUSTRIAL PROPERTY Any results or rights thereon, including copyright and other intellectual or industrial property rights, obtained in performance of the Contract shall be owned solely by the Community, which may use, publish, assign or transfer them as it sees fit, without geographical or other limitation, except where industrial or intellectual property rights exist prior to the Contract being entered into.

Article II. 9 – CONFIDENTIALITY II.9.1. The Contractor undertakes to treat in the strictest confidence and not make use of

or divulge to third parties any information or documents which are linked to performance of the Contract. The Contractor shall continue to be bound by this undertaking after completion of the tasks.

II.9.2. The Contractor shall obtain from each member of his staff, board and directors an

undertaking that they will respect the confidentiality of any information which is linked, directly or indirectly, to execution of the tasks and that they will not divulge to third parties or use for their own benefit or that of any third party any document or information not available publicly, even after completion of the tasks.

Article II.10 - USE, DISTRIBUTION AND PUBLICATION OF INFORMATION II.10.1 The Contractor shall authorise the Commission to process, use, distribute and

publish, for whatever purpose, by whatever means and on whatever medium, any data contained in or relating to the Contract, in particular the identity of the Contractor, the subject matter, the duration, the amount paid and the reports. Where personal data are concerned, Article I.9 shall apply.

II.10.2 Unless otherwise provided for by the Special Conditions, the Commission shall

not be required to distribute or publish documents or information supplied in performance of the Contract. If the Commission decides not to publish the documents or information supplied, the Contractor may not have them distributed or published elsewhere without prior written authorisation from the Commission.

II.10.3 Any distribution or publication of information relating to the Contract by the

Contractor shall require prior written authorisation from the Commission and shall mention the amount paid by the Community. It shall state that the opinions expressed are those of the Contractor only and do not represent the Commission’s official position.

II.10.4 The use of information obtained by the Contractor in the course of the Contract

for purposes other than its performance shall be forbidden, unless the Commission has specifically given prior written authorisation to the contrary.

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Article II.11 - TAXATION II.11.1 The Contractor shall have sole responsibility for compliance with the tax laws

which apply to him. Failure to comply shall make the relevant invoices invalid. II.11.2 The Contractor recognises that the Commission is, as a rule, exempt from all

taxes and duties, including value added tax (VAT), pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities.

II.11.3 The Contractor shall accordingly complete the necessary formalities with the

relevant authorities to ensure that the goods and services required for performance of the Contract are exempt from taxes and duties, including VAT.

II.11.4 Invoices presented by the Contractor shall indicate his place of taxation for VAT

purposes and shall specify separately the amounts not including VAT and the amounts including VAT.

Article II.12 – FORCE MAJEURE II.12.1 "Force majeure" shall mean any unforeseeable and exceptional situation or event

beyond the control of the contracting parties which prevents either of them from performing any of their obligations under the Contract, was not due to error or negligence on their part or on the part of a subcontractor and could not have been avoided by the exercise of due diligence. Defects in equipment or material or delays in making it available, labour disputes, strikes or financial problems cannot be invoked as force majeure unless they stem directly from a relevant case of force majeure.

II.12.2 Without prejudice to the provisions of Article II.1.8, if either contracting party is

faced with force majeure, it shall notify the other party without delay by registered letter with acknowledgment of receipt or equivalent, stating the nature, likely duration and foreseeable effects.

II.12.3 Neither contracting party shall be held in breach of its contractual obligations if

it has been prevented from performing them by force majeure. Where the Contractor is unable to perform his contractual obligations owing to force majeure, he shall have the right to remuneration only for tasks actually executed.

II.12.4 The contracting parties shall take the necessary measures to reduce damage to a

minimum.

Article II.13 - SUBCONTRACTING II.13.1 The Contractor may not subcontract without prior written authorisation from the

Commission or cause the Contract to be performed de facto by third parties. II.13.2 Even where the Commission authorises the Contractor to subcontract to third

parties, he shall none the less remain bound by his obligations to the

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Commission under the Contract and shall bear exclusive liability for proper performance of the Contract.

II.13.3 The Contractor shall make sure that the subcontract does not affect rights and

guarantees to which the Commission is entitled by virtue of the Contract, notably Article II.17.

Article II.14 – ASSIGNMENT II.14.1 The Contractor may not assign the rights and obligations arising from the

Contract, in whole or in part, without prior written authorisation from the Commission.

II.14.2 In the absence of the authorisation referred to in the preceding paragraph or in

the event of failure to observe the terms thereof, assignment by the Contractor shall not be enforceable against and shall have no effect on the Commission.

Article II. 15 – TERMINATION BY THE COMMISSION II.15.1 The Commission may terminate the Contract, a pending order or a specific

contract in the following circumstances: a) where the Contractor is being wound up, is having his affairs administered by the

courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

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

c) where the Contractor has been guilty of grave professional misconduct proven by any means which the Commission can justify;

d) where the Contractor has 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 he is established or with those of the country applicable to the Contract or those of the country where the Contract is to be performed;

e) where the Commission seriously suspects the Contractor of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities’ financial interests;

f) where the Contractor is in breach of his obligations under Article II.3; g) where the Contractor was guilty of misrepresentation in supplying the

information required by the Commission as a condition of participation in the contract procedure or failed to supply this information;

h) where a change in the Contractor's legal, financial, technical or organisational situation could, in the Commission's opinion, have a significant effect on the performance of the Contract;

i) where execution of the tasks under a pending order or a specific contract has not actually commenced within fifteen days of the date foreseen and where the new date proposed, if any, is considered unacceptable by the Commission;

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j) where the Contractor is unable, through his own fault, to obtain any permit or licence required for performance of the Contract;

k) where the Contractor, after receiving formal notice in writing to comply, specifying the nature of the alleged failure, and after being given the opportunity to remedy the failure within a reasonable period following receipt of the formal notice, remains in serious breach of his contractual obligations.

II.15.2 In cases of force majeure notified in accordance with Article II.12, either contracting party may terminate the Contract where performance thereof cannot be ensured for a period corresponding to at least one fifth of the period laid down in Article I.2.3.

II.15.3 Prior to termination under point e), h) or k), the Contractor shall be given the

opportunity to submit his observations. Termination shall take effect on the date on which a registered letter with acknowledgment of receipt terminating the Contract is received by the Contractor or on any other date indicated in the letter of termination.

II.15.4 Consequences of termination

In the event of the Commission terminating the Contract, a pending order or a specific contract in accordance with this Article and without prejudice to any other terms of the Contract, the Contractor shall waive any claim for consequential damages, including any loss of anticipated profits resulting from uncompleted work. On receipt of the letter terminating the Contract, the Contractor shall take all appropriate measures to minimise costs, to prevent damage and to cancel or reduce his commitments. He shall draw up the documents required by the Special Conditions for the tasks executed up to the date on which termination takes effect, within a period not exceeding sixty days from that date. The Commission may claim compensation for any damage suffered and recover any sums paid to the Contractor under the Contract. On termination the Commission may engage any other Contractor to execute or complete the services. The Commission shall be entitled to claim from the Contractor all extra costs incurred in doing so, without prejudice to any other rights or guarantees enforceable under the Contract.

ARTICLE II.16 - LIQUIDATED DAMAGES Should the Contractor fail to perform his obligations under the Contract within the time limits set by the Contract, then, without prejudice to the Contractor's actual or potential liability incurred in relation to the Contract or to the Commission's right to terminate the Contract, the Commission may decide to impose liquidated damages of 0.2% of the amount of the relevant purchase per calendar day of delay. The Contractor may submit arguments against this decision within thirty days of notification by registered letter with acknowledgement of receipt or equivalent. In the absence of reaction on his part or of written withdrawal by the Commission within thirty days of the receipt of such arguments, the decision imposing the liquidated damages shall become enforceable. These liquidated damages shall not be imposed where there is provision for interest for late completion. The Commission and the Contractor expressly acknowledge and agree

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that any sums payable under this Article are in the nature of liquidated damages and not punitive and that they represent a reasonable estimate of fair compensation for the losses that may be reasonably anticipated from such failure to perform obligations. Article II.17 - CHECKS AND AUDITS II.17.1 Pursuant to Article 142 of the Financial Regulation applicable to the general

budget of the European Communities, the European Court of Auditors shall be empowered to audit the documents held by the natural or legal persons receiving payments from the budget of the European Communities from signature of the Contract up to five years after payment of the balance of the last implementation.

II.17.2 The Commission or an outside body of its choice shall have the same rights as

the European Court of Auditors for the purposes of checks and audits limited to compliance with contractual obligations from signature of the Contract up to five years after payment of the balance of the last implementation.

II.17.3 In addition, the European Anti-Fraud Office may carry out on-the-spot checks

and inspections in accordance with Council Regulation (Euratom, EC) No 2185/96 and Parliament and Council Regulation (EC) No 1073/1999 from signature of the Contract up to five years after payment of the balance of the last implementation.

Article II.18 – AMENDMENTS

Any amendment to the Contract shall be the subject of a written agreement concluded by the contracting parties. An oral agreement shall not be binding on the contracting parties. An order or a specific contract may not be deemed to constitute an amendment to the Contract. Article II.19 - SUSPENSION OF THE CONTRACT Without prejudice to its right to terminate the Contract, the Commission may, at any time and for any reason, suspend execution of the Contract, pending orders or specific contracts or any part thereof. Suspension shall take effect on the day the Contractor receives notification by registered letter with acknowledgment of receipt or equivalent or at a later date where the notification so provides. The Commission may at any time following suspension, give notice to the Contractor to resume the work suspended. The Contractor shall not be entitled to claim compensation on account of suspension of the Contract, of the orders or specific contracts, or of parts thereof.

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SIGNATURES For the Contractor, [Company name/first name/surname/function] signature[s ]: _______________________

For the Commission, Tung-Laï MARGUE Director signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Done at [Brussels], [date] Done at Brussels, [date] in duplicate in [English].

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ANNEX II.3a: Specification

The specification which will constitute Annex II.3a to the Framework Contract will be the one attached to this invitation to tender.

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ANNEX II.3b: Contractor's tender (including the completed price

schedule)

The tender which will constitute Annex II3.b to the Framework Contract will be that of the tenderer to whom the contract has been awarded.

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ANNEX II.3c: Specific contract - model

Specific Contract No [… ] implementing Framework Contract No [… ] The European Community (hereinafter referred to as "the Community"), represented by the Commission of the European Communities (hereinafter referred to as "the Commission"), which is represented for the purposes of the signature of this contract by

Mr Tung-Laï Margue Director Directorate-General for Justice, Freedom and Security Directorate A "General Affairs",

of the one part,

and

[official name in full] [official legal form] [statutory registration number] [official address in full] [VAT registration number] (hereinafter referred to as “the Contractor”), represented for the purposes of the signature of this contract by [surname, forename and function],

of the other part,

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HAVE AGREED

Article 1: Preamble 1. On [date] the Commission and the Contractor signed Framework Contract No

[complete] for the provision of services in the field of information and communication. This specific contract shall be incorporated into that Framework Contract as soon as it is signed by the contracting parties.

[ Where applicable:

2. On [ date ] the Commission and the Contractor signed a supplementary contract to Framework Contract No [ complete ] renewing the said Framework Contract for a period of 12 months.]

[ Where applicable:

3. On [ date ] the Commission and the Contractor signed a supplementary contract to Framework Contract No [ complete ] specifying that [complete ].]

4. Any clauses or provisions of the Framework Contract not modified or cancelled by the provisions of this Specific Contract shall continue to apply in full.

5. This Specific Contract relates to lot [complete] and is based on the Contractor’s specific tender of [ date ].

Article 2: Subject 1. The Contractor undertakes, in accordance with the conditions laid down in the

Framework Contract, in the Specific Contract and in the annexes thereto, which form an integral part of these Contracts, to perform the tasks described in the Commission’s order (Annex II.3a) and included in the Contractor's specific tender (Annex II.3b).

2. The purpose of this Specific Contract is [give a brief description of the purpose].

Article 3: Duration 1. The Specific Contract shall enter into force on the day it is signed by the last of

the two contracting parties.

2. The duration of the tasks shall not exceed [days/months]. Execution of the tasks shall start on the date of entry into force of the Specific Contract. The period of execution of the tasks may be extended only with the express written agreement of the parties before such period elapses..

[ Where applicable:

Article 4: Reports and documents

The tasks carried out by the Contractor in performance of this Specific Contract shall be the subject of reports drawn up in accordance with Annex II.3a.]

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[ Where applicable:

Article 4: Acceptance of work

1. As soon as the fixed-rate services have been performed, the Commission shall issue an acceptance report indicating the date of acceptance and any reservations regarding the services performed.

2. If the documents submitted contain errors, the Commission shall notify the Contractor in writing of the problems identified, requesting the submission of a corrected version.]

Article 5: Prices and invoicing 1. The Commission undertakes to pay the Contractor, in consideration of the

services rendered under this Specific Contract, an amount not exceeding EUR [amount in figures and in words]. It is agreed that the said amount shall cover all expenditure incurred by the Contractor in performance of this Specific Contract.

2. In addition to the maximum price specified in the previous point, the Contractor’s travel, subsistence and shipment expenses, plus any unforeseen expenditure, shall be reimbursed as provided for in the Framework Contract up to a maximum amount of EUR [amount in figures and in words].

3. The invoice shall make reference to the Framework Contract, this Specific Contract and, if applicable, the document accepting the services provided.

4. Invoices shall be sent to:

European Commission Directorate-General [name] Unit [name] For the attention of [name] [address] B-1049 Brussels

Article 6: Administrative provisions 1. The persons responsible for implementing this Specific Contract shall be:

Commission - Administrative matters: [name], Directorate-General [name], [address], B -

1049 Brussels

- Technical matters: [name], Directorate-General [name], [address], B -1049 Brussels

Contractor - Administrative matters: [name] and [address]

- Technical matters: [name] and [address]

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2. Any communication in connection with this Specific Contract shall be in writing and shall be sent to the persons responsible.

Article 7: Annexes The following are annexed to and shall form an integral part of this Specific Contract:

Annex 1: Description of tasks – Commission’s order of [date]

Annex 2: Contractor’s specific tender of [ date ]

Annex 3: Framework contract

SIGNATURES Contractor [Company name/first name/surname/function] signature[s ]: _______________________

Commission Tung-Laï MARGUE Director signature: _ _ _ _ _ _ _ _ _ _ _ _ _

Done at [Brussels], [date] Done at Brussels, [date] in duplicate in [English].

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ANNEX II.3d: Contractor's travel and subsistence expenses

Daily allowances for the Member States of the European Union

DESTINATION

FR EN

(1) Indemnité

journalière en EUR

Daily allowance in EUR

Plafond des frais d’hébergement (hôtel) en EUR Maximum hotel

price in EUR

Allemagne Germany 93 115

Autriche Austria 95 130

Belgique Belgium 92 140

Bulgarie Bulgaria 58 169

Chypre Cyprus 93 145

Danemark Denmark 120 150

Espagne Spain 87 125

Estonie Estonia 71 110

Finlande Finland 104 140

France France 95 150

Grèce Greece 82 140

Hongrie Hungary 72 150

Irlande Ireland 104 150

Italie Italy 95 135

Lettonie Latvia 66 145

Lituanie Lithuania 68 115

Luxembourg Luxembourg 92 145

Malte Malta 90 115

Pays-Bas Netherlands 93 170

Pologne Poland 72 145

Portugal Portugal 84 120

République tchèque Czech Republic 75 155

Roumanie Romania 52 170

Royaume-Uni United Kingdom 101 175

Slovaquie Slovakia 80 125

Slovénie Slovenia 70 110

Suède Sweden 97 160

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Indemnités journalières pour les Etats hors de l’Union européenne (en EUR) Daily subsistence allowances for countries outside the European Union (in EUR)

DESTINATION

FR EN

Indemnité

Journalière en EUR

Daily allowance in EUR

Plafond des frais d’hébergement (hôtel) en EUR Maximum hotel

price in EUR

Afghanistan Afghanistan 50 75

Afrique du Sud South Africa 50 145

Albanie Albania 50 160

Algérie Algeria 85 85

Andorre* Andorra* 68,89 126,57

Angola Angola 105 175

Anguilla Anguilla 75 140

Antigua et Barbuda Antigua and Barbuda 85 140

Antilles néerlandaises Netherlands Antilles 90 185

Arabie Saoudite Saudi Arabia 85 195

Argentine Argentina 75 210

Arménie Armenia 70 210

Aruba Aruba 80 185

Australie Australia 75 135

Azerbaïdjan Azerbaijan 70 200

Bahamas Bahamas 75 115

Bahreïn Bahrain 80 195

Bangladesh Bangladesh 50 140

Barbade Barbados 75 140

Belarus Belarus 90 135

Belize Belize 50 135

Bénin Benin 50 100

Bermudes Bermuda 70 140

Bhoutan Bhutan 50 130

Bolivie Bolivia 50 100

Bonaire Bonaire 90 185

Bosnie Herzégovine Bosnia and Herzegovina 65 135

Botswana Botswana 50 135

Brésil Brazil 65 180

Brunei Brunei 60 165

Burkina Faso Burkina Faso 55 90

Burundi Burundi 50 115

Caïmans, îles Cayman Islands 60 135

Cambodge Cambodia 50 115

Cameroun Cameroon 55 105

Canada Canada 65 165

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Cap-Vert Cape Verde 50 75

Centrafricaine, Rép Central African Republic 60 80

Chili Chile 70 175

Chine China 55 155

Chypre Cyprus 50 110

Cisjordanie et Bande de Gaza

West Bank and Gaza Strip 60 110

Colombie Colombia 50 120

Comores Comoros 50 85

Congo (Rép. Dém. du) Congo, Dem. Rep. 105 140

Congo (Rép.du) Congo 70 115

Cook, îles Cook Islands 50 135

Corée (Nord), R.P.D. D.P.R of Korea 50 180

Corée (Sud), Rép. de Republic of Korea 100 200

Costa Rica Costa Rica 50 140

Côte d'Ivoire Côte d'Ivoire 60 130

Croatie Croatia 60 120

Cuba Cuba 75 150

Djibouti Djibouti 65 170

Dominicaine, Rép. Dominican Republic 60 170

Dominique Dominica 75 140

Egypte Egypt 65 140

El Salvador El Salvador 55 125

Emirats arabes Unis United Arab Emirates 70 195

Equateur Ecuador 50 140

Erythrée Eritrea 50 80

Estonie Estonia 70 120

Etats-Unis d'Amérique (Autres)

USA (others) 80 200

Etats-Unis d'Amérique (New York)

USA (New York) 100 275

Ethiopie Ethiopia 50 145

Fidji Fiji 50 120

Gabon Gabon 75 115

Gambie Gambia 50 120

Géorgie Georgia 80 215

Ghana Ghana 70 140

Grenade Grenada 75 140

Guadeloupe Guadeloupe 65 115

Guam Guam 60 135

Guatemala Guatemala 50 125

Guinée équatoriale Equatorial Guinea 60 85

Guinée, Rép. de Guinea 50 135

Guinée-Bissau Guinea-Bissau 50 90

Guyane Guyana 50 160

Guyane Française French Guiana 55 140

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Haïti Haiti 65 125

Honduras Honduras 50 125

Hong Kong Hong Kong 60 205

Inde India 50 195

Indonésie Indonesia 50 145

Indonésie - Timor oriental Indonesia - East Timor 50 110

Iran, Rép islam Iran 55 145

Iraq Iraq 60 85

Islande Iceland 85 160

Israël Israel 105 210

Jamaïque Jamaica 60 170

Japon Japan 130 275

Jordanie Jordan 60 135

Kazakhstan Kazakhstan 70 175

Kenya Kenya 60 165

Kirghizistan Kyrgyzstan 75 180

Kiribati Kiribati 60 145

Koweït Kuwait 85 195

Laos Lao, People's Dem. Rep. 50 145

Lesotho Lesotho 50 100

Liban Lebanon 70 190

Liberia Liberia 85 150

Libye, Jamahiriya ar. Libyan Arab Jamahiriya 50 175

Liechtenstein Liechtenstein 80 95

Macao Macao 55 95

Macédoine (ARY) TFYR of Macedonia 50 160

Madagascar Madagascar 50 105

Malaisie Malaysia 50 200

Malawi Malawi 50 165

Maldives Maldives 50 135

Mali Mali 60 95

Mariannes du Nord, îles Northern Mariana Islands 70 135

Maroc Morocco 75 130

Marshall, îles Marshall Islands 50 135

Martinique Martinique 70 110

Maurice, Rép. Mauritius 60 140

Mauritanie Mauritania 50 75

Mayotte Mayotte 50 110

Mexique Mexico 70 185

Micronésie Micronesia 55 135

Moldova Republic of Moldova 80 170

Monaco* Monaco* 72,58 97,27

Mongolie Mongolia 70 90

Montserrat Montserrat 55 140

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Mozambique Mozambique 60 140

Myanmar Myanmar 50 75

Namibie Namibia 50 85

Nauru Nauru 50 135

Népal Nepal 50 135

Nicaragua Nicaragua 50 135

Niger Niger 50 75

Nigeria Nigeria 50 185

Niue Niue 50 135

Norvège Norway 80 140

Nouvelle-Calédonie New Caledonia 55 135

Nouvelle-Zélande New Zealand 60 125

Oman Oman 70 135

Ouganda Uganda 55 180

Ouzbékistan Uzbekistan 75 155

Pakistan Pakistan 50 130

Palau Palau, Republic of 50 135

Panama Panama 50 160

Papouasie Nouvelle Guinée

Papua New Guinea 55 135

Paraguay Paraguay 50 140

Pérou Peru 75 135

Philippines Philippines 60 150

Polynésie française French Polynesia 60 135

Puerto Rico Puerto Rico 65 140

Qatar Qatar 65 135

Réunion Reunion 60 90

Russie Russian Federation 90 275

Rwanda Rwanda 65 160

Saint Kitts et Nevis Saint Kitts and Nevis 85 185

Sainte-Lucie Saint Lucia 75 140

Saint Marin* San Marino* 60,34 114,33

Saint-Vincent et les Grenadines

St. Vincent and the Grena. 75 190

Salomon, îles Solomon Islands 50 120

Samoa Samoa 50 135

Samoa Américaines American Samoa 70 135

São Tome et Principe Sao Tome & Principe 60 95

Sénégal Senegal 65 135

Seychelles Seychelles 85 140

Sierra Leone Sierra Leone 55 135

Singapour Singapore 75 150

Somalie Somalia 50 125

Soudan Sudan 55 215

Sri Lanka Sri Lanka 50 105

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St Marteen St Marteen 90 185

Suisse Switzerland 80 140

Suriname Suriname 55 125

Swaziland Swaziland 50 90

Syrie Syrian Arab Republic 80 145

Tadjikistan Tajikistan 75 110

Taiwan, Prov de Chine Taiwan 55 200

Tanzanie Tanzania, United Rep. of 50 200

Tchad Chad 65 145

Thaïlande Thailand 60 145

Timor oriental East Timor 50 110

Togo Togo 60 95

Tokelau, îles Tokelau Islands 50 135

Tonga Tonga 50 105

Trinité et Tobago Trinidad and Tobago 60 115

Tunisie Tunisia 60 85

Turkménistan Turkmenistan 80 150

Turks et Caicos, îles Turks and Caicos Island 55 135

Turquie Turkey 55 165

Tuvalu Tuvalu 50 135

Ukraine Ukraine 80 190

Uruguay Uruguay 55 160

Vanuatu Vanuatu 60 110

Vatican* Vatican* 60,34 114,33

Venezuela Venezuela 85 125

Vierges, îles (Etats-Unis) Virgin Islands (USA) 55 140

Vierges, îles (Grande-Bretagne)

Virgin Islands (UK) 75 140

Viêt-Nam Viet Nam 50 205

Wallis et Futuna îles Wallis & Futuna Islands 50 135

Yémen Republic of Yemen 60 165

Yougoslavie, Rép. Féd. (Serbie et Monténégro)

Yugoslavia 80 140

Zambie Zambia 50 135

Zimbabwe Zimbabwe 50 115

Autres pays Other countries 60 145

* rallié géographiquement aux pays correspondants/geographically linked to the following countries: Andorre/Andorra: Espagne/Spain Monaco: France Saint Marin/San Marino: Italie/Italy Vatican: Italie/Italy

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Calcul Le calcul des indemnités journalières (IJ) se fait selon les règles suivantes. Durée du déplacement: – inférieure ou égale à 6 heures: frais réels (sur présentation des pièces justificatives); – plus de 6 heures à 12 heures inclus: 0,5 IJ; – plus de 12 heures à 24 heures inclus: 1 IJ; – plus de 24 heures à 36 heures inclus: 1,5 IJ; – plus de 36 heures à 48 heures inclus: 2 IJ; – plus de 48 heures à 60 heures inclus: 2,5 IJ, etc.

Calculation Daily subsistence allowances are to be calculated as follows. Length of mission: – 6 hours or less: reimbursement of actual expenses (on production of supporting

documents); – more than 6 hours but not more than 12 hours: half the daily allowance; – more than 12 hours, but not more than 24 hours: the daily allowance; – more than 24 hours but not more than 36 hours: one and a half times the daily

allowance; – more than 36 hours but not more than 48 hours: twice the daily allowance; – more than 48 hours but not more than 60 hours: two and a half times the daily

allowance, and so on.

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ANNEX II.3e: FINANCIAL GUARANTEE

To be completed on paper bearing the letterhead of the financial institution

For the attention of

European Commission, Directorate-General for Justice, Freedom and Security General Affairs Directorate Information and Communication Unit LX 46 7/81 B-1049 Brussels,

hereinafter referred to as "the Commission", Subject: Guarantee No…

Financial guarantee for the repayment of pre-financing payable under Specific Contract No [JLS/…] - [title of the Specific Contract] incorporated in Framework Contract No [JLS/…] – “Helping to organise information and communication work relating to the activities supported by the European Union in the field of Community policies in general and justice, freedom and security in particular” - Lot 1 “Writing and graphic art” [contract numbers and titles should be quoted in all correspondence]

We the undersigned, [name and address of financial institution∗], hereby irrevocably declare that we guarantee unconditionally and on first demand as principal debtor on behalf of [name and address of the Contractor], hereinafter referred to as "the Contractor", payment to the Commission of [amount of the pre-financing in euros, in figures and in words], this amount representing the guarantee referred to in Article I.5.4 of Framework Contract No [JLS/ …] - “Helping to organise information and communication work relating to the activities supported by the European Union in the field of Community policies in general and justice, freedom and security in particular” - Lot 1 “Writing and

∗ *If the guarantee is not provided by a bank or a financial organisation, the text of the guarantee must

be be adopted accordingly.

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graphic art”, concluded between the Contractor and the Commission, hereinafter referred to as “the Contract”. Payment shall be made without objection or legal proceedings of any kind, upon receipt of your first written claim (sent by registered letter with confirmation of receipt) stating that the Contractor has failed to meet one of his contractual obligations. We shall not delay the payment or oppose it for any reason whatsoever. We shall inform you in writing as soon as payment has been made. We accept notably that no amendment to the terms of the Framework Contract agreed between the Commission and the Contractor can release us from our obligation under this guarantee. We waive the right to be informed of any change, addition or amendment to the Framework Contract. We have taken due note of the fact that the financial guarantee will remain in force until payments by the Commission match the proportion of the total amount of the Specific Contract accounted for by prefinancing and that the Commission undertakes to release the guarantee within thirty days following that date. This guarantee is governed by the law applicable to the Framework Contract. The courts having jurisdiction for matters relating to the Framework Contract shall have sole jurisdiction in respect of any dispute in connection with this guarantee.

This guarantee shall enter into force and take effect from the date on which it is signed. …………………….. ………………………… (place and date) (signature)29

29 The name(s) and position(s) of the person or persons signing for the guarantor must be in capital letters .

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ANNEXE II.3.f: POWER OF ATTORNEY

Agreement / Power of Attorney

Model 1

(DESIGNATING ONE OF THE COMPANIES OF THE GROUP AS LEADER AND GIVING A MANDATE TO IT)

We the undersigned: – Signatory 1 (Name, Function, Company, Registered address, VAT Number), – Signatory 2 (Name, Function, Company, Registered address, VAT Number), – … – Signatory N (Name, Function, Company, Registered address, VAT Number), Each of them having the legal capacity required to act on behalf of his/her company, HEREBY AGREE AS FOLLOWS: (1) The European Commission has awarded Framework Contract …

(« the Contract ») to Company 1, Company 2, …, Company N (« the Group Members »), based on the joint offer submitted by them on …/…/… for the supply of … and / or the provision of services for … (« the Supplies and/or the Services »).

(2) As co-signatories of the Contract, all the Group Members:

(a) Shall be jointly and severally liable towards the European Commission for the performance of the Contract.

(b) Shall comply with the terms and conditions of the Contract and ensure the

proper execution of their respective share of the Supplies and / or the Services.

(3) To this effect, the Group Members designate Company X as Group Leader.

[N.B.: The Group Leader has to be one of the Group Members] (4) Payments by the European Commission related to the Supplies or the Services

shall be made through the Group Leader’s bank account. [Provide details on bank, address, account number, etc.]

(5) The Group Members grant to the Group Leader all the necessary powers to act on

their behalf in connection with the Supplies and/or the Services. This mandate involves in particular the following tasks:

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(a) The Group Leader shall sign any contractual documents — including the Framework Contract, Specific Agreements and Amendments thereto — and issue any invoices related to the Supplies or the Services on behalf of the Group Members.

(b) The Group Leader shall act as single point of contact for the European

Commission in connection with the Supplies and/or the Services to be provided under the Contract. It shall co-ordinate the provision of the Supplies and/or the Services by the Group Members to the European Commission, and shall see to a proper administration of the Contract.

Any modification to the present agreement / power of attorney shall be subject to the European Commission’s express approval. This agreement / power of attorney shall expire when all the contractual obligations of the Group Members towards the European Commission in connection with the Supplies and/or the Services to be provided under the Contract have ceased to exist. The parties cannot terminate it before that date without the Commission’s consent. Signed in … on …/…/… Name Function Company

Name Function Company

Name Function Company

Name Function Company

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ANNEX III: SPECIFIC ANNEXES TO LOT 2

Annex III.1: Indicative list of products 105

Annex III.2: Profile and roles 107

Annex III.3: Questionnaire 120

Annex III.4: Lot 2 case studies and annexes 169

Annex III.4a: Vision document 182

Annex III.4b: Software Development Plan 203

Annex III.4c: Software Architecture Document 217

Annex III.5: Service Level Agreement (SLA) 230

Annex III.6: Lot 2 price schedule 236

Annex III.7:Proposed framework service contract for Lot 2 and annexes 240

Annex III.7a: List of services covered by the contract and price schedule 268

Annex III.7b: Power of attorney 269

Annex III.7c: Identification form and legal entities 271

Annex III.7d: - Specification (Invitation to tender No [complete] of [complete]) 272 - Original archived at the Commission’s premises

Annex III.7e: - Contractor's tender (No [complete] of [complete]) 273 - Original archived at the Commission’s premises

Annex III.7f: Specific contracts and order forms – Models 274

Annex III.7g: Financial guarantee – Model 275

Annex III.7h: Performance guarantee – Model 277

Annex III.7i: Service Level Agreement 278

Annex III.7j: Daily travel and subsistence allowance for the contractor 279

Annex III.7k: III – General terms and conditions for information technologies contracts

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ANNEX III.1

Indicative list of produics

This list is based on the current list of products used by the Commission and can be modified. Please note that this list is not exhaustive and should be considered indicative in the framework of the JLS framework contract call for tenders. Data Base Management Systems

• Oracle 9i • Oracle 10g

Document and Content Management

• Documentum 5.2.5 • Documentum 5.3

Text Retrieval Tools

• Verity K2 Configuration and change management tools

• CVS • Rational ClearCase / ClearQuest

IS Development Methodologies

• RUP@cec (RUP based) Case Tools

• Rational Rose • Rational RequisitePro • Rational Soda

Programming languages

• C, C++ • Java 1.4.2

WEB Servers

• Apache Web Server 1.3 • MS Internet Information Server 6.0

Application Servers

• ColdFusion MX 7 • WebLogic 9.1

Portal tools

• BEA Portal 9.2

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Workflow tools

• BEA Integration 8.x Advanced Query, Reporting and ETL Tools

• Business Objects 6.5 • Business Objects Data Integrator

XML Tools

• Xerces 2 Interfaces, Protocols

• SQL3 • ODBC 3 • JDBC • WINSOCKETS • HTTP 1.1 • SGML • HTML 3.2 • J2EE • XML • Unicode 2.0

CSS 2.0

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ANNEX III.2

Profiles and Roles

1. PROFILES

For each of these profiles the following information regarding requirements is provided: _______________________________________________________________________ Nature of the tasks These are examples of the tasks that will be expected of a

person proposed with the required profile in relation with the corresponding lot(s). This list is not exhaustive and is to be regarded as a good indication.

Knowledge and skills A list of the minimal knowledge and skills that a person with this profile is expected to possess.

Education and Experience The required minimal education qualifications and experience required for the profile.

A university degree corresponds to a master degree, that is, a graduate diploma as defined in the Bologna Declaration of 19 June 1999 (http://ec.europa.eu/education/policies/educ/bologna/bologna.pdf), or else a full university-level cycle of at least 4 years after the secondary school. A non university degree corresponds at least to the successful completion of a secondary school.

1.1. Business Designer / Process Analyst (BDA)

Nature of the tasks • Lead and coordinate business use-case modelling by outlining and delimiting the organization being modelled-for example, by establishing what business actors and business use cases exist and how they interact.

• Responsible for the business architecture, outlining and delimiting the organization being modelled.

• Assess the situation of the target organization where the project's end-product will be deployed (DG JLS, Member States, Non for Profit Organization, etc…) • Take part in defining stakeholders' requirements. • Facilitate modelling of the target organization • Discuss and facilitate a business engineering effort • Perform a cost/benefit analysis for any suggested changes in the target organization. • Discuss and support those who promote the end-product of the project.

Knowledge and skills • Understands stakeholder and user requirements, their strategies, and their goals.

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• Good facilitator • Excellent communication skills • Capability to work in an international/multicultural environment • Familiar with the tools used to capture the business models

Education and Experience • He/She must hold a recognized University degree and will have 6 years relevant experience in one of DG JLS domains [security, justice, freedom, immigration, integration, asylum, drugs coordination, home affairs, visa, Schengen area, civil justice, criminal justice, fundamental rights, citizenship of the European Union, data protection, freedom of movement, police, customs, crime, crime prevention, terrorism, in the context of and as described on DG JLS Europa web pages (http://ec.europa.eu/justice_home/)], Finance, or Business Analysis.

1.2. System Analyst (SA)

Nature of the tasks • Analysis of user requirements and design of new information systems. • Production of use case models, software architecture documents, design and analysis models, implementation models • Data analysis, data modelling. • Follow up of the developments. • Technical Interface between the project leader and the developers. • Participation in technical working groups, progress meetings and meetings with the users • Assistance in the testing, the technical documentation, the technical training, the deployment, the evaluation and the reporting

Knowledge and skills • Ability to participate in multi-lingual meetings, ease of communication. • Capability of integration in an international/multicultural environment, rapid self-starting capability and experience in team working. • In-depth knowledge of development methodologies (e.g. RUP) and modelling (e.g. UML)

Education and Experience •Senior System Analyst (SSAN): University degree with minimum 6 years experience in IS development. System Analyst (SAN): University degree with minimum 3 years experience in IS development or non University degree with minimum 6 years experience in IS development. And for both profiles: • Analysis and development experience

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• Experience with UML or case tools • Experience with relational databases

1.3. IS Senior Consultant (SC)

Nature of the tasks • Provision of advice and assistance in any area associated with the procurement, provision, delivery, maintenance, deployment, hosting, security, effective use of information systems and their environments. • Provision of quality plans, service level agreements, quality tests, quality control and evaluation, quality assessments or other quality matters associated with information systems projects • Assistance in the implementation of project management methodology • Provision of security studies, security assessments or other security matters associated with information system projects • Functional requirements and business case analysis • Elaboration of vision documents • Risk analysis • Provision of technical studies, technical expertise, and technical evaluations in relation with information systems

Knowledge and skills • Ability to participate in multi-lingual meetings, excellent communicator. • Capability of working in an international/ multicultural environment • In depth knowledge in information systems matters • Strong capacity in writing and presenting studies

Education and Experience • University degree with minimum 6 years experience in IS development. • Strong experience in consulting • Strong experience in the domain of the study (e.g. quality, security, requirement analysis, technical domain) • Proven experience with quality procedures • Strong experience in the realization of studies

1.4. IS Consultant (C)

Nature of the tasks • Provision of advice and assistance in any area associated with the procurement, provision, delivery, maintenance, deployment, hosting, security, effective use of information systems and their environments. • Provision of quality plans, service level agreements, quality tests, quality control and evaluation, quality assessments or other quality matters associated with information systems projects • Assistance in the implementation of project management methodology

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• Provision of security studies, security assessments or other security matters associated with information system projects • Functional requirements and business case analysis • Elaboration of vision documents • Risk analysis • Provision of technical studies, technical expertise, and technical evaluations in relation with information systems.

Knowledge and skills • Ability to participate in multi-lingual meetings, good communicator. • Capability of working in an international/multicultural environment • Proven knowledge in information systems matters • Capacity in writing and presenting studies

Education and Experience • University degree with minimum 3 years experience in IS development OR non university degree with minimum 6 years experience in IS development • Experience in consulting • Experience in the domain of the study (e.g. quality, security, requirement analysis, technical domain) • Proven experience with quality procedures • Strong experience in the realization of studies

1.5. Senior Implementer (SI)

(Often referred to as Senior Programmer) Nature of the tasks • Programming/maintenance of applications

• Testing of applications. • Installation and configuration of applications • Migration and updates of applications • Creation/maintenance of databases

Knowledge and skills • Capability of integration in an international/multicultural environment, rapid self-starting capability and experience in team working. • Ability to cope with fast changing technologies used in application developments

Education and experience • University degree with minimum 3 year experience in IS development OR non university degree with minimum 6 years experience in IS development. • Minimum 3 year of programming experience • Experience with relational databases

1.6. Implementer (I)

Often referred to as Programmer. Nature of the tasks • Programming/maintenance of applications

• Testing of applications. • Installation and configuration of applications • Migration and updates of applications

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• Creation/maintenance of databases Knowledge and skills • Capability of integration in an international/multicultural

environment, rapid self-starting capability and willingness to work in a team • Ability to cope with fast changing technologies used in application developments

Education and experience • University degree with 1.5 years experience in IS development or successful training as programmer with 3 years experience as programmer.

1.7. User Interface Designer (UID)

Nature of the tasks • Design and development of user interfaces. • Definition and creation of graphical contents • User ergonomics

Knowledge and skills • Ability to cope with fast changing technologies used in graphical design • Knowledge of ergonomics regarding man/machine interfacing. • Ability to participate in multi-lingual meetings, ease of communication. • Capability of integration in an international/multicultural environment, rapid self-starting capability and experience in team working

Education and experience • University degree with minimum 1.5 years experience in user interfaces or graphical design OR non university degree with minimum 3 years experience in user interfaces or graphical design

1.8. Software Architect (SwA)

Nature of the tasks • Analysis of information systems portfolio • Analysis of business processes • Analysis of organisational structures • IS costs/benefits analysis • Development and enhancement of architecture • Assistance with the implementation of the architecture • Data flow analysis

Knowledge and skills • Ability to participate in multi-lingual meetings, excellent communicator. • Capability of working in an international/ multicultural environment • Proven knowledge of enterprise architecture • Strong capacity in writing and presenting studies

Education and Experience •Senior Software Architect (SSAR): University degree with minimum 6 years experience in IS development. 3 years experience in enterprise architecture models and tools. •Software Architect (SAR): University degree with minimum 3 years experience in IS development OR non university degree with minimum 6 years experience in IS

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development. 2 years experience in enterprise architecture models and tools. And for both profiles: • At least two years experience in consulting • Proven experience with quality procedures • Strong experience in the realization of studies

1.9. Database Designer/Manager (DDM)

Nature of the tasks • Produce the Data Model Artefact by defining the detailed database design including tables, indexes, views, constraints, triggers, stored procedures, and other database-specific constructs needed to store, retrieve, and delete persistent objects.

• Creation, installation, configuration, maintenance and migration of databases.

Knowledge and skills • Data Modelling, Database design • Object-Oriented Analysis and Design techniques • System Architecture, including Database and System performance tuning, as well as hardware and network workload balancing. • Database Administration • Ability to participate in multi-lingual meetings, good communicator. • Capability of working in an international/multicultural environment.

Education and Experience • University degree with minimum 3 year experience in IS development OR non university degree with minimum 6 years experience in IS development.

• Minimum 3 years experience with relational databases.

1.10. Project Manager (PM)

Nature of the tasks • Manage the development and implementation of information systems to meet identified business needs, acquiring and utilising the necessary resources and skills, within agreed parameters of cost, timescales, and quality. • Give proposals for project strategies, planning, definition of tasks and deliverables, review of project deliverables, quality control, risk analysis and management, status reports, problem reporting and management systems, follow up and organisation. • Guide the team in charge of project activities and review their deliverables. • Participate in functional working groups and progress meetings. • Estimate costs, timescales and resource requirements for the successful completion of each project to agreed terms of reference.

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• Prepare and maintain project and quality plans and tracks activities against the plan, provide regular and accurate reports. • Monitor costs, timescales and resources used, and take action where these deviate from agreed tolerances. Ensure that delivered systems are implemented within these criteria. • Manage the change control procedure gaining agreement for revisions to the project from project sponsors. • Provide effective leadership for the project team ensuring that team members are motivated and constantly developing their skills and experience.

Knowledge and skills • Project management. • Usage of project management tools. Willingness to use the project management tool as specified by the Commission. • Good technical knowledge on the projects aspects. • Good reporting methods. • Ability to give presentations. • Ability to apply high quality standards to all tasks • Ability to participate in multi-lingual meetings, good communication skills. • Capability of working in an international/multicultural environment, rapid self-starting capability and experience in team working, understanding the needs, objectives and constraints of those in other disciplines and functions. • Leadership capability.

Education and Experience • University degree with minimum 6 years experience in IS development. • Minimum 3 years experience in Project Management of Information System Development. Practical experience with RUP methodology and the system development life-cycle is desirable. • Minimum 1 year of experience in a project management tool. • Proven experience with quality procedures.

1.11. Management Reviewer (MR)

Nature of the tasks • Evaluate project planning and project assessment artefacts at major review points in the project's lifecycle.

• Quality assurance Knowledge and skills • Deep knowledge of Projects, IT, quality and processes

standards: RUP, Enterprise Architecture, CMMI, PMI, Prince, • Ability to participate in multi-lingual meetings, good communicator. • Decision-making ability at the operational management level. • Understanding of risk management principles

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Education and Experience • University degree with minimum 12 years experience in IS development. • Business Development experience (including contract formulation and negotiation)

• Technical, and software project management experience.

1.12. Technical Writer (TW)

Nature of the tasks • Writing technical documentation for information systems during their development • Integration of on-line help in information systems • Verification of the technical documentation against applications • Documenting the programs

Knowledge and skills • Capability of integration in an international/multicultural environment, rapid self-starting capability and experience in team working. • Good writing skills • Able to use the office automation tools used in the Commission (MS-Office).

Education and experience • University degree with minimum 1.5 year experience in IS development OR non university degree with minimum 3 years experience in IS development. • Minimum 1 year of technical documentation authoring experience • Minimum 1 year experience with the office automation tools used in the Commission (MS-Office)

1.13. Course developer – User Assistance Person (CD)

Nature of the tasks • User assistance on the Commission premises, regarding the use of information systems to carry out their tasks. • Assistance with organising and running in the information system installation from the end user perspective. • Writing user documentation for information systems. • Prepare and give training courses about information systems

Knowledge and skills • Excellent communication / writing skills. • Capability of integration in an international/multicultural environment, rapid self-starting capability and experience in team working. • Ability to participate in multi-lingual meetings • Able to use the office automation tools used in the Commission (MS-Office).

Education and Experience • University degree with minimum 2 years of relevant experience OR non university degree with minimum 3 years of relevant experience • Experience in user support or training or documentation writing

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1.14. Web Master (WM)

Nature of the tasks • Creation of a detailed site topology. • Staging of web sites. • Installation and support of web sites. • Ensure coherence of the logical and physical structure of web sites, web pages and of navigation methods.

Knowledge and skills • Ability to participate in multi-lingual meetings, ease of communication. • Capability of integration in an international/multicultural environment, rapid self-starting capability and experience in team working. • Able to cope with the fast changing technologies used in web site management. • Conceptual understanding of content structuring, storage, access and presentation elements. • Able to cope with the needs of multi-language site deployment.

Education and Experience • University degree with minimum 1 years of relevant experience OR non university degree with minimum 3 years of relevant experience • Minimum 1 year experience as Webmaster

1.15. Web Technician (WT)

Nature of the tasks • Updating content of web pages. • Creation of new web pages based on a template. • Updating of links. • Ensure the integrity of the logical and physical structure of web sites, web pages and of navigation methods.

Knowledge and skills • Ability to participate in multi-lingual meetings. • Capability of integration in an international/multicultural environment, rapid self-starting capability and experience in team working. • Conceptual understanding of content structuring, storage, access and presentation elements. • Able to cope with the needs of multi-language site updating.

Education and Experience • University degree with minimum 1.5 year experience in IS development OR non university degree with minimum 3 years experience in IS development • Minimum 1 year experience as Web technician

1.16. Tester (T)

Nature of the tasks • Definition of test plans • Definition of test cases • Construction of test scenarios and scripts • Tests coordination and execution • Reporting of test results

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Knowledge and skills • Capability of integration in an international/multicultural environment, rapid self-starting capability and experience in team working • Good communication skills • Proven knowledge of testing technologies and tools • Ability to cope with fast changing technologies used in application developments • Aptitudes in reporting

Education and experience • University degree with minimum 3 years experience in IS development OR non university degree with minimum 6 years experience in IS development. • Minimum 2 years of IS testing experience

1.17. Editor (R)

Nature of the tasks • Drafting of information and communication documents • Update of data and of information and communication documents • Formatting of text to match web support • Organisation and follow-up on editorial committees

Knowledge and skills • Ability to participate in multi-lingual meetings, ease of communication. • Capability of integration in an international/multicultural environment, rapid self-starting capability and experience in team working • Very good communication skills • Minimum 1 year experience with the office automation tools used in the Commission (MS-Office)

Education and experience • University degree with minimum 3 years experience in journalism OR non university degree with minimum 6 years experience in journalism.

1.18. Graphic designer (G)

Nature of the tasks • Create design for online publications • Create layout for online publications • Image processing • Follow-up on editorial committees

Knowledge and skills • Capability of integration into an international/ multicultural environment, rapid self-starting capability and experience in team working • Very good graphic skills • Knowledge of image manipulation tools • Reporting capabilities

Education and experience • University degree with minimum 3 years experience in graphic design OR non university degree with minimum 5 years experience in graphic design, including at least 1 year in web graphic design.

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1.19. Documentalist (D)

Nature of the tasks • Research, collection and filing of information on JLS issues. • Drafting and summary of texts based on existing materials.

Knowledge and skills • Capability of integration in an international/multicultural environment, rapid self-starting capability and experience in team working • Ability to work in several languages. • Good communication skills • Minimum 1 year experience with the office automation tools used in the Commission (MS-Office)

Education and experience • University degree with minimum 2 years experience as a documentalist OR non university degree with minimum 4 years experience as a documentalist.

2. ROLES

1.20. Requirements Specifier (RRS)

The Requirements Specifier role specifies the details of one or more parts of the system's functionality by describing one or the aspects of the requirements. Different aspects of the requirements are typically documented in different types of software requirements artefacts, mainly the Software Requirement Specifications and the Use Case Model. A person playing the Requirements Specifier role may be responsible for many of those artefacts —such as one or more use-case packages— and for maintaining the integrity of the requirements within and between those artefacts. He/She must hold a recognized University degree and will have 3 years experience in IS development or a non University degree with at least 6 years experience in IS development. He/She will have two years experience as Requirements Specifier.

1.21. Integrator (RIN)

Integrators are responsible for planning the integration and performing the integration of Implementation Elements to produce builds. Implementers deliver their tested Implementation Elements into an integration workspace, whereas integrators combine them to produce a build. An integrator is also responsible for planning the integration, which takes place at the subsystem and system levels, with each having a separate integration workspace. Tested elements are delivered from an implementer's private development workspace into a subsystem integration workspace, whereas integrated implementation subsystems are delivered from the subsystem integration workspace into the system integration workspace.

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He/She must hold a recognized University degree and 3 years of experience in IS development, OR a non university degree with 6 years experience in IS development. He/She will have 1.5 years experience as integrator.

1.22. Change Control Manager (RCCM)

The Change Control Manager role oversees the change control process which the role is also responsible for defining. He/She must hold a recognized University degree and 3 years of experience in IS development, OR a non university degree with 6 years experience in IS development. He/She will have 1.5 years experience as Change Control Manager.

1.23. Configuration Manager (RCM)

The Configuration Manager role is responsible for providing the overall Configuration Management (CM) infrastructure and environment to the product development team. The Configuration Manager role defines the policies and processes for configuration and change management, defines the configuration objects, reviews the policies and processes for configuration and change management within the scope of the software development project He/She must hold a recognized University degree and 3 years of experience in IS development, OR a non university degree with 6 years experience in IS development. He/She will have 1.5 years experience as Configuration Manager.

1.24. Deployment Manager (RDM)

The Deployment Manager role is responsible for planning the product's transition to the user community, ensuring those plans are enacted appropriately, managing issues and monitoring progress. He also interacts with the Data Centre for all deployment related issues. He/She must hold a recognized University degree and 3 years of experience in IS development, OR a non university degree with 6 years experience in IS development. He/She will have 1.5 years experience as Deployment Manager.

1.25. Test Manager (RTM)

The Test Manager role is tasked with the overall responsibility for the test effort's success. The role involves quality and test advocacy, resource planning and management, and resolution of issues that impede the test effort. He/She must hold a recognized University degree and 3 years of experience in IS development, OR a non university degree with 6 years experience in IS development. He/She will have 1.5 years experience as Test Manager.

1.26. Test Designer (RTD)

The Test Designer role is responsible for: • defining the test strategy and ensuring its successful implementation,

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• identifying and defining the required tests, • monitoring detailed testing progress and results in each test cycle, • evaluating the overall quality experienced as a result of testing activities. The role involves identifying the appropriate techniques, tools and guidelines to implement the required tests, and to give guidance on the corresponding resources requirements for the test effort. The role typically carries the responsibility for appropriately representing the needs of stakeholders that do not have direct or regular representation on the project. He/She must hold a recognized University degree and 3 years of experience in IS development, OR a non university degree with 6 years experience in IS development. He/She will have 1.5 years experience as Test Designer.

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ANNEX III.3: QUESTIONNAIRE

Questionnaire “Lot 2”

Name of Tenderer:………………………………..

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SELECTION OF THE TENDERER / TECHNICAL AND PROFESSIONAL CAPACITY

1. ORGANISATION OF THE TENDERER TO ALLOW THE DELIVERY OF THE REQUIRED SERVICES

In case of a joint offer, provide the information for each company

1.1. Tenderer’s structure

1.26.1. Have you described your organisational structure detailing the departments and allocated number of staff on all levels of your company(ies), as well as the division(s) responsible for the delivery of services requested in the present call for tenders ?

If relevant, include the relationships between the tenderer and other companies of the same group, including those that could participate (e.g. as sub-contractor) in the delivery of the requested services.

YES/NO (mandatory)

Reference:

1.1.2. Centre of expertise

1.1.2.1. Do you have permanent centre(s) of expertise in the enterprise that provides support for the efficient implementation, enhancement and maintenance of information systems delivered to your customers?

YES/NO (if YES, include the name used internally by the tenderer for this centre of expertise)

If YES,

(a) indicate the person(s) responsible(s) for this centre of expertise: surname, forename, title (e.g. Dr., Mr., Mme…), function (e.g. Manager…) Telephone number, fax number, address, e-mail.

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(b) describe the functioning of the centre(s) of expertise:

Reference: ……….

(c) how do you provide access for your staff to the services of the centre(s) of expertise?

Reference: ……….

1.1.2.2. If NO, how do you provide the efficient expertise for enhancement and maintenance of information systems?

Reference: ……….

1.1.2.3. Do you have agreements and/or alliances with third parties (e.g. tools suppliers, etc), to ensure rapid response to resolve technical problems?

YES/NO

If YES,

(a) indicate the person(s) responsible for managing the agreement(s): surname, forename, title (e.g. Dr., Mr., Mme…), function (e.g. Manager…) Telephone number, fax number, address, e-mail.

(b) describe the agreement(s) with third parties (name of third party, name of the agreement, description of agreement coverage, procedures for using the agreement):

(only for tools and products in relation with the lot)

Reference: ……….

If NO, how do you ensure rapid response to resolve a technical problem?

Reference: ……….

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1.1.3. Technical knowledge management

1.1.3.1. Do you have technical knowledge base(s) relevant to the delivery of the requested services?

YES/NO (if YES, include the name used internally by the tenderer for this technical knowledge base).

1.1.3.2. If YES,

(a) indicate the person(s) responsible for this technical knowledge base: surname, forename, title (e.g. Dr., Mr., Mme…), function (e.g. Manager…) Telephone number, fax number, address, e-mail.

(b) describe the functioning of the technical knowledge base(s) (how is information entered, how can information be consulted, where is the information stored, how is the quality of the information guaranteed):

Reference: ……….

(c) how does the tenderer provide access for his staff to this technical knowledge base(s)?

Reference: ……….

1.1.3.3. If NO, how do you guarantee the availability of information relevant to the technical knowledge for the services required?

Reference: ……….

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1.1.4. Training Centre

1.1.4.1. Do you have training programme(s) that support the quality of the services required?

YES/NO

If YES,

(a) indicate the person(s) responsible for maintaining the training program: surname, forename, title (e.g. Dr., Mr., Mme…), function (e.g. Manager…) Telephone number, fax number, address, e-mail.

Reference: ……….

(b) give overview of the courses in the training program(s) by providing for each course the following information:

(For technical training only in relation with the field of the lot)

Course reference code Course name Company / institute organising the course

Course table of contents

Extend this table as necessary.

1.1.4.2.If NO, how do you guarantee the training program and the staff competence that supports the quality of the services required?

Reference: ……….

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1.2. Tenderer manpower and qualification of staff relevant to the required services

In case of a joint offer, the required information should be provided for the group of tenderers as a whole.

Note that staff of subcontractors is considered as non permanent staff.

Please refer to the following staffing schema:

The I.S. specialists are IT specialists in the development of information systems. When filling out the tables, take into account that each block in the staffing schema is a further detailed group. For example when asked for staff numbers, the “I.S. specialists – block 8” is also part of the “permanent chargeable – block 6” staff and should be included in the count. Please note that only staff with a direct, individual, regular and unlimited working contract with the tenderer can be quoted as “permanent” staff. He/she will be on the Tenderer's payroll. a) In case of a consortium, the thresholds mentioned below will apply on the level

of the consortium and not on an individual basis.

Total staff (1)

IT Division staff (2)

Technical staff (3) Non-technical

staff (4)

Non

in

voic

able

(5)

Invo

icab

le (*)

Permanent (6) Non

Permanent (7) • management • secretaries • sales • marketing • ...

• System administrators • Internal helpdesk • ...

I.S. specialists (8)

I.S. specialists (9)

(*) Staff for IS projects.

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b) Staff with a personal contractual relation to a company of another nature or without a personal contractual relation to it (e.g. free-lancers, staff from affiliated companies or from subcontractors) shall only be quoted as non-permanent staff.

c) In case of a branch-company responds in the name of a group, a written

endorsement of the group is necessary with the names of all affiliated companies that participate effectively.

1.2.1. Staffing tables

1.2.1.1. Indicate your average annual manpower for the last three years as well as the current number (separating permanent and not permanent staff)

Total annual manpower (block 1 in the staffing schema)

2004 2005 2006 1/1/ 2007

Permanent staff

Non permanent staff

1.2.1.2. Indicate your average number of managerial staff for the last three years as well as the current number (only permanent staff)

Total managerial staff 2004 2005 2006 1/1/ 2007

Permanent staff

1.2.1.3. Indicate the number of staff working in your IT division(s) in the field of development of information systems for the last three years and the current number (separating permanent and non permanent staff)

The minimum acceptable valuei is 85 permanent staff

Number of specialists in the development of information systems

2004 2005 2006 1/6/ 2007

Permanent staff (block 8 in the staffing schema)

Non permanent staff (block 9 in the staffing schema)

Total (permanent and non permanent)

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1.2.1.4. Indicate the average number of staff from your IT division working on Tenderer's premises in the field of development of information systems for the last three years and the current number (separating permanent and non permanent staff)

The minimum acceptable value is 55 permanent staff

Number of specialists in the development of information systems working in Tenderer's premises

2004 2005 2006 1/5/2007

Permanent staff Non permanent staff Total

1.2.1.5. Indicate the average number of permanent non-technical staff in your IT division (for the provision of secretariat, contract management, customer relations, etc…) for the last 3 years and the current number

Number of non technical staff in your IT division(s) ( block 4 in the staffing schema)

2004 2005 2006 1/5/ 2007

Permanent staff

1.2.1.6. Indicate the percentage of personnel turnover for the permanent technical staff working in the tenderer’s IT division in the field of development of information systems for the last 3 years.

Personnel turnover working in your IT division(s) in the field of development of information systems

2004 2005 2006 1/5/ 2007

Percentage of turnover

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1.2.2. Profiles

1.2.2.1. In the following tables, indicate the number of staff (working for the Tenderer and with experience in the field of the lot you have available for the services required).

An individual person can be counted only in one profile.

Total permanent

Total non-

permanentTotal

available(FP and QTM in the field of

the lot): (FP and QTM in the field of

the lot):

(FP and QTM in the field of the

lot):

-1 -2 -3

EXAMPLE: Project manager 10 2 12

(1) Put in here the total number of permanent staff for Fixed Price and Quoted Time & Means

services in the field of the lot. Only staff with a direct, individual, regular and unlimited working contract with the tenderer can be quoted as “permanent” staff. He/she will be on the Tenderer's payroll.

(2) Put in here the total number of non permanent staff for Fixed Price and Quoted Time & Means services in the field of the lot.

(3) Put here the total number of available staff (permanent and non permanent: (1) + (2) )

In the example, the tenderer has available 10 project managers that are permanently employed and 2 that are non-permanently employed.

Note that the work should be executed in the premises of the contractors. The delivery and progress meetings will normally take place at the Commission’s premises in Brussels.

The minimum set of profiles is listed in the table below. The tenderer will provide a job description for any additional profile he will submit.

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Count an individual person in one profile only

Total permanent

Total non-permanent Total available

-1 -2 -3 (FP and QTM services

in the field of the lot): (FP and QTM services in

the field of the lot): (FP and QTM services in the

field of the lot):

….. ….. ….. BDA: Business Designer/ Analyst in JLS field (minimum 8)

….. ….. SSAN: Senior System Analyst (minimum 9)

….. ….. SAN: System Analyst (minimum 3)

….. ….. SC: IS Senior Consultant (minimum 1)

….. ….. C: IS Consultant (minimum 1)

….. ….. SI: Senior Implementer (minimum 12)

….. ….. I: Implementer (minimum 12)

….. ….. UID: User Interface Designer (minimum 2)

….. SSA: Senior Software Architect (minimum 5)

….. SAR: Software Architect (minimum 3)

….. DDM: Database Designer/Manager (minimum 2)

….. PM: Project Manager (minimum 7)

….. MR: Management Reviewer (minimum 1)

….. TW: Technical Writer (minimum 1)

….. CD: Course Developer-User Assistance Person (minimum 1)

….. WM: Web Master (minimum 1)

….. WT: Web technician (minimum 1)

….. R: Editor (minimum 1)

G: Graphic designer …..

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(minimum 1)

….. D: Documentalist (minimum 1)

….. T: Tester (minimum 10)

1.2.3.. Roles

1.2.3.1. In the following tables, indicate the number of staff (working for the Tenderer and with experience in the field of the lot you have available for the services required).

An individual person can be counted only in one role.

Total permanent

Total non-

permanentTotal

available(FP and QTM in the field of

the lot): (FP and QTM in the field of

the lot):

(FP and QTM in the field of the

lot):

-1 -2 -3

EXAMPLE: Requirements specifier (RRS) manager

6 2 8

(1) Put in here the total number of permanent staff for Fixed Price and Quoted Time & Means

services in the field of the lot. Only staff with a direct, individual, regular and unlimited working contract with the tenderer can be quoted as “permanent” staff. He/she will be on the Tenderer's payroll.

(2) Put in here the total number of non permanent staff for Fixed Price and Quoted Time & Means services in the field of the lot.

(3) Put here the total number of available staff (permanent and non permanent: (1) + (2) )

In the example, the tenderer has available 6 persons in the role of requirement specifier that are permanently employed and 2 that are non-permanently employed.

Note that the work should be executed in the premises of the contractors. The delivery and progress meetings will normally take place at the Commission’s premises in Brussels.

The minimum set of profiles is listed in the table below. The tenderer will provide a job description for any additional role he will submit.

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Count an individual person in any number of roles, provided that it fulfils the minimum qualifications requested in Annexe 8.II.

Total permanent

Total non-permanent Total available

-1 -2 -3 (FP and QTM

services in the field of the lot):

(FP and QTM services in the field of the lot):

(FP and QTM services in the field of the lot):

Analysis and design ….. ….. ….. Requirements specifier (RRS) (minimum 6) Development ….. ….. ….. Integrator (RIN) (minimum 10) Management ….. ….. ….. Change Control Manager (RCCM) (minimum 4) Management ….. ….. ….. Configuration Manager (RCM) (minimum 6) Management ….. ….. ….. Deployment Manager (RDM) (minimum 2) Management ….. ….. ….. Test Manager (RTM) (minimum 8) Testing ….. ….. ….. Test Designer (RTD) (minimum 10)

1.2.4. Mapping of profiles, roles and CV's

1.2.4.1. Mapping of profiles, roles and CV's for permanent staff

In the following table, tenderers will connect profiles with roles they are able to fulfil mapping profiles, roles and CVs for permanent staff. Each profile can be connected to any number of roles, provided that it fulfils the minimum qualifications requested in annexe 8.II.

In the first column of the table below, indicate the identifier; this is the abbreviation of the profile followed by an order number (i.e. PM1 for the first Project Manager, PM2 for the second one, etc…), in the second column the profile, in the third the CV number (only for persons whose CV is enclosed), in the fourth the person’s name (surname, first name), in the fifth the name of the employer and in the sixth the abbreviation of the additional roles this person can fulfil.

(1)

Identifier (2)

Profile(3) CV

number

(4) Staff name

(surname, first name)

(5) Employer

(6) Additional roles that

can be fulfilled

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An individual person can only be counted for one profile but can be assigned to different roles.

1.2.4.2. Mapping of profiles and names for non permanent staff

In the following table, tenderers will connect profiles with roles they are able to fulfil mapping mapping profiles with names for non-permanent staff. Each profile can be connected to any number of roles, provided that it fulfils the minimum qualifications requested in annexe 8.II.

In the first column of the table below, indicate the identifier; this is the abbreviation of the profile followed by an order number (i.e. PM1 for the first Project Manager, PM2 for the second one, etc…), in the second the profile, in the third the person’s name (surname, first name) and in the fourth the name of the employer.

(1)

Identifier (2) Profile (2)

Staff name (surname, first

name)

(4) Employer

An individual person can only be counted for one lot and one profile. Non permanent staff can't be assigned to roles.

1.2.5. Expertise

1.2.5.1. For each of the profiles enclose one Software Expertise Form (SEF) (see Attachment 2 – standardised form).

Minimum level of expertise required and thresholds

In the field of the lot, a good expertise of the following is required:

- Oracle RDMS

- BEA WebLogic

- ColdFusion

- J2EE

- XML

- Documentum

- Business Objects

- HTML, WDML

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- RUP (or other UP)

- UML

- CSS

- Verity/Idol

- CISSP, CISA, or CISM

Other expertise is also required for some profiles.

To have expertise in a product means to have worked with the specified product or software for at least 12 months.

The following minima are based on current needs and on the software currently mainly used by the Commission in the field of the lot.

The tenderers who don’t comply with these thresholds will be judged not having the minimum technical capacity to deliver the required services.

In order to verify the responses the Commission could ask the tenderer to provide the list of employees that are included in the Software Expertise Forms (with respect of confidentiality).

Required minimum staff number with the following expertise : SSA SA SC C SI I UID DDM PM

Oracle RDBMS 5 2 6 3 2BEA WebLogic 3 2 4 2 ColdFusion 2 1 4 2 2 J2EE 3 2 5 3 XML 3 2 4 2 Documentum 1 1 1 Business Objects 1 1 1 1 HTML, WDML 5 3 6 3 2 RUP (or other UP) 3 2 5UML 6 2 1 2CSS 1 1 Verity/Idol 1 1 CISSP, CISA, or CISM 1 JLS domain 1 1

JLS domains to be considered are: security, justice, freedom, immigration, integration, asylum, drugs coordination, home affairs, visa, Schengen area, civil justice, criminal justice, fundamental rights, citizenship of the European Union, data protection, freedom of movement, police, customs, crime, crime prevention, terrorism, in the context of and as described on DG JLS Europa web pages (http://ec.europa.eu/justice_home/)

These minima apply to the total number of staff (permanent and non permanent).

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An individual person can be counted only in one profile

Reference to the Software Expertise Form:

(a) Senior System Analyst (SSAN) 1. SEF n° ……….

(b) System Analyst (SA) 2. SEF n° ……….

(c) Senior Consultant (SC) 3. SEF n° ……….

(d) Consultant (C) 4. SEF n° ……….

(e) Senior Implementer (SI) 5. SEF n° ……….

(f) Implementer (I) 6. SEF n° ……….

(g) User Interface Designer (UID) 7. SEF n° ……….

(h) Database Design Manager 8. SEF n° ……….

(i) Project Manager 9. SEF n° ……….

1.2.6. CVs

For CVs, it is mandatory to use one of the attached CV forms (see attachment 3)

1.2.6.1. For each of the following profiles enclose one standardised CV for each of the indicated number of permanent staff working in the area of the required services and with expertise related to the lot.

The proposed CVs need to conform to the profile descriptions and the requirements of the lot. Moreover, the minimum numbers of CVs that must demonstrate specific expertise (according to the description of profiles) in the following technologies are indicated in the next table:

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Required minimum staff number with the following expertise : SSAN SAN SC C SI I UID DDM PM

Oracle RDBMS 3 2 3 2 1BEA WebLogic 2 1 2 1 ColdFusion 1 1 2 1 1 J2EE 2 1 4 2 XML 2 1 2 1 Documentum 1 1 1 Business Objects 1 1 1 1 HTML, WDML 3 2 3 2 1 RUP (or other UP) 2 1 2UML 3 1 1 2CSS 1 1 Verity/Idol 1 1 CISSP, CISA, or CISM 1 1 JLS domain 1 1

Note that the same person could have a specific expertise in different technologies.

Indicate the CV numbers.

SSAN: Senior System Analyst (9 CVs minimum and 20 CVs maximum)

CV n° ………. to n° ……….

SAN: System Analyst (7 CVs minimum and 14 CVs maximum)

CV n° ………. to n° ……….

SC: IS Senior Consultant (1 CVs minimum and 2 CVs maximum)

CV n° ………. to n° ……….

C: Consultant (1 CVs minimum and 2 CVs maximum)

CV n° ………. to n° ……….

SI: Senior Implementer (10 CVs minimum and 20 CVs maximum)

CV n° ………. to n° ……….

I: Implementer (5 CVs minimum and 10 CVs maximum)

CV n° ………. to n° ……….

UID: User Interface Designer (1 CVs minimum and 2 CVs maximum)

CV n° ………. to n° ……….

DDM: Database Designer/Manager (1 CVs minimum and 2 CVs maximum)

CV n° ………. to n° ……….

PM: Project Managers (2 CVs minimum and 4 CVs maximum)

CV n° ………. to n° ……….

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The Tenderers who don’t comply with the minimum thresholds will be judged not having the minimum technical capacity to deliver the required services.

The CV numbers are the same as the one indicated in the table in the chapter 1.2.4.1 "Mapping of profiles, roles and CV's for permanent staff" of this annexe.

Indicate in the following table the reference to the CV numbers with the specific expertise in the mentioned technologies.

Specific Expertise SSA SA SC C SI I UID DDM PM

Oracle RDBMS BEA WebLogic ColdFusion J2EE XML Documentum Business Objects HTML, WDML RUP (or other UP) UML CSS Verity/Idol CISSP, CISA, or CISM JLS domain

1.3. References in relation to similar projects/contracts

1.3.1. Client References

1.3.1.1. Have you provided a list of the principal services provided in the past three years, with the amounts, dates, and recipients, whether public or private, of the services provided:

The delivery has to be certified by the purchaser; or failing this, declared by the service provider to have been effected.

In case of a joint offer, provide the information for each company

YES/NO:

Reference: ……….

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1.3.1.2. Tenderers will provide at least 5 client reference contacts of customers, other than the Commission that are making use of services similar to the service requirements of this lot. The references should be for different customers (*) in a fixed price or quoted time & means context in Tenderer's premises. Only provide client references that can be consulted by the Commission.

In case of a joint offer, the required information can be provided for the group of tenderers.

Contractor Customer Client’s surname, forename, title (e.g. Dr., Mr., Mme…), function (e.g. Manager…) Telephone number, fax number, address, e-mail.

Volume (person-days)

(*) A European institution, a specific ministry or a company must be considered as one single customer

1.3.2. Project sizes

1.3.2.1. Indicate how many projects in the area of the required services you have completed in 2005 or 2006, where the consumption of your own resources was:

In case of a joint offer, the required information should be provided for the group of tenderers as a whole.

Number of Fixed Price or Quoted Time & Means projects

1. 50 to 99 person-days: (a) ……………

2. 100 to 499 person-days: (b) ……………

3. 500 to 999 person-days: (c) ……………

4. 1000 person -days or more: (d) ……………

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1.3.3. Project References

In case of a joint offer, the required information can be provided for the group of tenderers

1.3.3.1. Enclose project reference forms using the attached template (Attachment 1. The use of this standardised form is mandatory)

Tenderer must include at least 6 different projects (and maximum 12) for at least 4 different customers for projects/contracts executed in your premises and in the field of the lot.

At least 2 different customers should be in the public sector.

The minimum size of the projects must be in total 150 person-days.

The references must concern contracts executed in 2005 or 2006.

Departments, divisions, directorates, etc. are regarded as the same customer. For example, a specific European Institution or ministry or company is considered as one customer.

A framework contract with different specific contracts must be considered as a single reference.

The use of the following technologies is required as a minimum:

- Oracle RDBMS in 3 references

- BEA WebLogic in 2 references

- ColdFusion in 2 references

- A J2EE in 2 references

- UML in 3 references

- XML in 2 references

- Documentum in 1 reference

- Business Objects in 1 reference

- Verity/Idol in 1 reference

The Tenderers who don’t comply with these thresholds will be judged not having the minimum technical capacity to deliver the required services.

Fill in the following table:

PRF N°

Public or Private sector

Volume (persons-days)

Use of Oracle

(Y/N)

Use of WebLogic

(Y/N)

Use of ColdFusion

(Y/N)

Use of a J2EE (Y/N)

Use of UML

(Y/N)

Use of XML

(Y/N)

Use of Documentum (Y/N)

Use of Business Objects (Y/N)

Use of Verity/Idol (Y/N)

RUP

1

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2

3

4

5

6

1.4. Quality assurance and control mechanisms

In case of a joint offer, provide the relevant information for each company

1.4.1. Quality assurance procedures

1.4.1.1. Have you given a description of your procedures for ascertaining the quality of the services you deliver to clients and the conformity of the deliveries with their orders?

YES/NO: (mandatory)

Reference:

1.4.1.2. Have you enclosed title and contents list of your quality assurance manual.

YES/NO

Reference:

1.4.2. Quality standards certifications

1.4.2.1. Do you have quality procedures for your delivery organisation conforming to the EN29000 (ISO 9000) series of quality standards or equivalent?

YES/NO:

Reference:

IF YES,

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(a) Specify the year and the country for which the accreditation has been obtained.

(b) State the name of the certification body.

( c) Have you enclosed a copy of the certificate?

YES/NO:

Reference:

(d) Have there been any follow-up audits? If yes specify.

YES/NO:

1.4.2.2. What other norms do you follow?

(Mandatory if the response to 4.2.1 is NO)

1.4.3. Methodology

1.4.3.1. Have you given a description of your project management methodology applicable to the required services

YES/NO (Mandatory):

Reference:

1.4.3.2. Do you use project management tools other than those used by the Commission? If No, state the name and a short description of the tools used instead. A list of products used by the Commission is available in annexe 8.I.

YES/NO (Mandatory):

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1.5. Development infrastructure environment

In case of a joint offer, provide the relevant information for each company

1.5.1. Infrastructure at the company’s premises

1.5.1.1. Have you described the organisation of your development environment, including the organisational structure and responsibilities?

YES/NO: (mandatory)

Reference:

1.5.1.2. Have you described the mechanisms of the periodical update of your technical infrastructure? Clearly indicate the procedures, responsibilities and timing.

YES/NO

Reference:

1.5.1.3. Have you enclosed an Infrastructure Description Form (IDF - Attachment 6) with your existing development infrastructure?

YES/NO:

Reference: IDF n° …..

(in case of a joint offer, one for each company)

1.6. Meetings

In case of a joint offer, provide the relevant information for each company

1.26.2. Have you filled the declaration on honnor for the meeting requested in the present call for tenders?

The tenderer should confirm that a duly mandated representative of the Company will be able to participate to a meeting in the Commission premises within 48 h of the request to commit the Company on any subject or to address technical issues.

YES/NO: (mandatory)

Reference:

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Attachment 1

Project Reference Form

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Project Reference Form

The Project Reference Form must be used to give details about relevant projects the tenderer wants to present as proof of experience.

The Project Reference Form consists of two pages:

• Front page;

• Description page.

Both pages must be used to form a complete Project Reference Form.

A new Project Reference Form must be completed for each project.

Contact persons may be contacted by the Commission in the scope of the call for tenders.

Use of this form is mandatory - only projects submitted on this form will be considered.

The delivery has to be certified by the purchaser; or failing this, declared by the service provider to have been effected.

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Project Reference Form (page 1 of 2)

Project reference n° ______

Project reference front page

Project name:

Start date (mm/yy): Finish date (mm/yy):

Client name: Contact person: Phone:

Project type (development, maintenance, study, support, etc…):

Principal contractor for this project :

If it is not the tenderer, explain the tenderer’s role:

Principal location for this project:

Tenderer's premises

Client's premises

Other – Precise:

Number of tenderer's own technical staff involved in person -days, by profile:

Business Designer/Analyst (BDA) : Senior Software Architect (SSAR) : Senior System Analyst (SSAN) : Software Architect (SAR) :

System Analyst (SA) : User Interface Designer (UID) :

Technical writer (TW) : Database Designer/Manager (DDM):

Senior Implementers (SI) : Implementers (I) : Project Manager : Other (precise):

Total :

Methodologies involved:

Technologies involved (hardware, software and tools) :

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Project Reference Form (page 2 of 2)

Project reference n° ______

Project reference description page Area(s) covered by the project (for example Human Resource, Finance, Environment,…):

Project description:

Declaration of conformity and signature:

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Attachment 2

Software Expertise Form

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Software Expertise Form

The Software Expertise Form must be used to give details about the staff that the tenderer employs at 1/1/2007 and who could be made available for the services required.

When completing the form, follow these guidelines:

Number of employees with the above mentioned profile that the tenderer could make available

Total Number

Total Permanent

Total Non permanent

TOTAL (1) (2) (3)

Expertise 1 (4) (5) (6)

Expertise 2

Expertise n

Total number of employees with respective profile:

• The first row “Total number” (1) indicates how many of your employees with the respective profile could be made available for the requested services.

Indicate the number of permanent employees in the column with the heading “Total permanent” (2), indicate the number of non-permanent employees in the column with the heading “Total non-permanent” (3).

Number of employees with required expertise:

• By writing numbers into one of the next rows (expertise rows), indicate how many of your employees with the respective profile have the expertise described in the leftmost column of the table.

Indicate the total number of employees in the column with the heading “Total Number” (4), indicate the number of permanent employees in the column with the heading “Total permanent” (5), indicate the number of non-permanent employees in the column with the heading “Total non-permanent” (6).

• “To have expertise” means in this context: “To have worked with the specified product for at least a year”!

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• Of course, the numbers in the expertise rows do not necessarily add up to the sum in the “Total number” row, because you can count any one employee in as many rows as you wish, according to the number of fields of expertise.

DO NOT count any employee in more than one profile! For example, a

System Analyst must not be counted as an Implementer again.

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Software Expertise Form SEF n° ……….

For profile (tick only one):

Project Manager

Senior System Analyst

System Analyst

Senior Consultant

Consultant

Senior Implementer

Implementer

User Interface Designer

Database Designer/Manager

Count an individual person in one profile only!

Number of employees with the above mentioned profile that the tenderer could make available

Total Number

Total Permanent

Total Non permanent

TOTAL

Oracle RDBMS

BEA WebLogic

ColdFusion

J2EE

XML

Documentum

Business Objects

HTML, WDML

RUP (or other UP)

UML

CSS

Verity/Idol

CISSP, CISA, or CISM

Tomcat

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Number of employees with the above mentioned profile that the tenderer could make available

Total Number

Total Permanent

Total Non permanent

JBoss

Apache

iPLANET

MS IIS

Oracle Application Server

Eclipse

SQL Server

Alfresco

Visual Basic

PowerDesigner

Oracle workflow

SearchServer (Fullcrum)

Fame

Troll

Postgresql

MySQL

Frontpage

Acrobat

Apache web server

Microsoft Internet Information Server

C,C++

SQL, pl/SQL

Perl

JMS

SOAP

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Number of employees with the above mentioned profile that the tenderer could make available

Total Number

Total Permanent

Total Non permanent

PHP

Web services

Rational Rose

Rational ClearQuest

Rational ClearCase

Rational RequisitePro

Rational SODA

MS-Office

MS- Project

HTTP, HTTPS

(other expertise that you may want to indicate)

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Attachment 3

CV Forms

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Guidelines for the completion of the CV

The JLS standardized CV form defines the Curriculum Vitae (CV) layout for a tenderer to use when putting forward a person for a particular role.

Use of the JLS standardized CV form or of the European Curriculum Vitae format is mandatory - only CVs submitted on one of these two forms will be considered.

How to fill out the JLS standardized CV form:

1. All the required information has to be provided. Any missing or incomplete information may lead to a CV being discarded.

2. Where the information is to be provided in tabular form, all the columns of the table have to be filled in.

3. The CV should be a summary rather than a biography of an individual and must be in a format enabling a quick and accurate comparison with other CVs submitted to fill certain roles. There should be no unaccounted chronological breaks.

4. Each CV consists of one CV front page and at least one CV training page and at least one CV software expertise page and at least one CV professional experience page; more CV training, CV software expertise or CV experience pages may be added as necessary.

5. Specialised expertise should mention the tools or topics in which the candidate has a high expertise (see the description of profiles in the “Service Requirements”, Annex 2).

6. Software expertise :

- Competence must be rated from 1 (basic) to 5 (excellent). - Duration must be expressed in months and has to relate clearly to the relevant

entries under “Professional experience”. - Description must state how the competence has been acquired and in what

projects it has been used, relating clearly to the relevant entries under “Professional experience”.

7. Each CV professional experience page contains data about the projects the employee has participated in, its role and responsibilities, and the products or tools be used in the context of these projects. More CV experience pages must be added for more projects.

- Dates must indicate precisely the starting and ending months of the entry. - Project size is to be expressed as the total number of person-months. - Description must include an explanation of the scope and results of the

project (or task).

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How to fill out the European Curriculum vitae form

All the information requested for the JLS standardized CV form should be indicated in the CV, in particular:

- In Surname(s)/first name(s), the CV number and identifier (as in the connection table for permanent staff). The profile must appear very clearly in the identifier or has to be explicitly mentioned.

- In Computer skills and competences, the software expertise (including tools, methodologies and products) with the competence rate, the duration in months and description with reference to work experience.

Specialised expertise should be clearly mentioned as such.

- in Work experience, the current employer first (e.g. the tenderer).

It must contain data about the projects the employee has participated in, its role and responsibilities, and the products or tools be used in the context of these projects. In addition to start and end dates, the effective number of months worked on the projects should be indicated.

- In additional information, the date of recruitment and the date IT career started

All other entries not referred in the “JLS standardized CV” are optional

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JLS CV FORM

CV front page

CV number : (indicate here the CV number) …………

Date of birth: (dd/mm/yy)

Contract information: Date of recruitment (dd/mm/yy):

Current function: (indicate the function in the company)

Profile for which employee is entered:

Check the appropriate (only one): Project manager Business Designer/Analyst Senior System Analyst System Analyst Senior Implementer Programmer User Interface Designer Technical Writer Database Design Manager

IS Senior Consultant IS Consultant Senior Software Architect Software Architect Tester Course Developer – User Assistance Person

Webmaster IS Coordinator

Manager Reviewer

Profile experience Does the employee fulfil the corresponding profile requirements (see profile descriptions in service requirements) : YES / NO

Highest relevant educational qualification:

Check the appropriate :

University degree

Non university degree

Certificate and/or diploma obtained :

Institute:

Date:

Languages:

(indicate level of skill: from 1=basic to 5=excellent)

English: French: German: Dutch: Italian: Spanish: Other(s):

Spoken

Written

Date IT career started:

(mm/yy)

Specialised expertise

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Summary (use this area to briefly indicate the major facts which should be known about this employee):

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CV training page

CV number: CV training page number for this CV:

TRAINING

Training name: Company/institute organising the training:

Date(s) training followed:

Exams or certificates:

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

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CV software expertise page

CV number: CV software expertise page number for this CV:

Software expertise

Tool (precise manufacturer, product name and version(s))

Competence (rating : 1 -5)

Duration (in months)

Description (e.g. give relevant entries under “professional experience”)

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CV professional experience page CV number: CV experience page number for this CV:

PROJECT EXPERIENCE

Project name:

Company:

Dates : Start: (mm/yy) End: (mm/yy) Effective number of months worked on the project: (months)

Client :

Project size:

Project description :

Employee’s Roles & Responsibilities in the project:

Technologies and methodologies used by the employee in the project:

EUROPEAN CURRICULUM VITAE FORM European

Curriculum Vitae format

Personal information

Surname(s) / First name(s) Indicate here the CV number and identifier (or profile)

Date of birth

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Work experience

Dates ( from –to) Add separate entries for each relevant post occupied, starting from the most recent

Occupation or position held Main activities and responsibilities

Name and address of employer Indicate the name of the employer Type of business or sector

Education and training

Dates (from-to) Add separate entries for each relevant course you have completed, starting from the most recent. (remove if not relevant, see instructions)

Title of qualification awarded Principal subjects/occupational skills

covered

Name and type of organisation providing education and training

Level in national or international classification

Personal skills and competences

Mother tongue(s) Specify mother tongue

Other language(s) Self-assessment Understanding Speaking Writing European level (*) Listening Reading Spoken interaction Spoken production

Language

Language

Social skills and competences Replace this text by a description of these competences and indicate where they were acquired.

Organisational skills and competences

Replace this text by a description of these competences and indicate where they were acquired.

Technical skills and competences Replace this text by a description of these competences and indicate where they were acquired.

Computer skills and competences Replace this text by a description of these competences and indicate where they were acquired.

Artistic skills and competences Replace this text by a description of these competences and indicate where they were acquired.

Other skills and competences Replace this text by a description of these competences and indicate where they were acquired.

Additional information Include here any other information that may be relevant.

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Attachment 4

Mapping of profiles, roles and CV's for permanent staff

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Attachment 5

Mapping of non-permanent staff

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Attachment 6

Infrastructure Description Form

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Infrastructure description form The use of the infrastructure description form is mandatory. It must give details about the infrastructure in the development environment at the tenderer’s premises on the 1/1/2007. In order to be able to provide the services requested by the call for tenders, the tenderer must have the following tools. In case of a consortium each member has to fill in the table, however, these tools must be available on the level of the consortium. - Oracle RDBMS 9i or higher; - BEA Weblogic 8 or higher; - Coldfusion MX 6 or higher; - Rational Rose or another UML tool; - One Java IDE; - Documentum 5.x - Business Objects 6.x - Dreamweaver MX The tenderer has the possibility to add in the infrastructure description form other products that he uses in its development environment.

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Infrastructure Description Form (page 1 of 2) IDF n° ………. for company : ……

Location of the development infrastructure :

Development servers Number

Windows 2000 (or higher) servers

Windows NT servers

UNIX Servers

Linux servers

Other (specify)

Workstations (used for development) Number

Windows XP workstations

Windows NT workstations

Linux workstations

Other (specify)

Internet

Company website URL

Type and speed of Internet connection

Company official e-mail address

e-mail address for all permanent personnel YES/NO

e-mail address for all non-permanent personnel YES/NO

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Infrastructure Description Form (page 2 of 2) IDF n° ……….

Software licenses Number, type (individual, site, etc…), version of licences Number of users

(for development) Oracle 9i or higher

Oracle 8i Weblogic 8 or higher Weblogic 6 or 7

ColdFusion MX 6 or higher

ColdFusion 5

Rational Rose

ECLIPSE

BEA Workshop Documentum 5.x Business Objects 6.x Business Objects 5.x DreamWeaver MX Apache Web Server MS Internet Information Server Adabas SQL Server POSTGRESQL MySQL Oracle IFS VERITY K2 BEA Integration Oracle Workflow XERCES 2 XML SPY PowerBuilder 6 or higher Visual Basic 6.0 or higher Jbuilder INTELLIJ IDEA Oracle IAS PowerDesigner Rational RequisitePro Rational SODA Rational Clercase/Clearquest

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Software licenses Number, type (individual, site, etc…), version of licences Number of users

(for development) CVS MS Visual Source Safe MS-Office ACROBAT Frontpage Internet Explorer Firefox MS-Project OMNIPAGE SAS FAME TROLL BEA Portal ArcGIS (Arc View, Info, IMS, SDE…) (complete with other tools)

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Annex III.4: Case studies of lot 2 and its annexes

Annex III.4a: Vision document 182

Annex III.4b: Software Development Plan 203

Annex III.4c: Software Architecture Document 217

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Annex III.4: Case studies of lot 2

Lot 2 "Websites, web content management systems and other computer services"

"Information system development"

Case study 1 (Content management system)

1. OBJECTIVES The goal of this case study is to allow Tenderers to demonstrate how they would develop an IT system using the Unified Process (UP) methodology in a cost effective way. More specifically, Tenderers are requested to simulate the process of developing a Web Content Management System (WCMS) to be used by the units of the Directorate General of Justice, Freedom and Security (DG JLS) to organize and manage the content of their stakeholders and user communities (web portals, web sites, intranet applications, discussion forums, etc.). Typical fields and programs under DG JLS responsibility are:

• Integration policies and best practices • Immigration policies • Asylum policies, best practices and systems • Resources for combating violence against children, young people and women • European Refugee Fund • …

Additional information on the policy areas in which DGJLS is active can be found by following this link: http://ec.europa.eu/justice_home/fsj/intro/fsj_intro_en.htm Also, examples of web sites to support the aforementioned policies can be found on the DG JLS pages on Europa (http://ec.europa.eu/justice_home/web/intro/web_intro_en.htm). It is important to state that this exercise is a simulation for the purpose of technical evaluation only and it does not mean that DG JLS will actually ask for the development of such a system as a result of this call for tender.

2. DESCRIPTION OF SYSTEM'S CORE MODULES The WCMS will offer the functionalities, grouped by modules, which are described below. Tenderers are invited to propose their own modular approach by potentially grouping the required features in a different way. Please refer to the terminology page for definitions. 2.1.Content publishing or delivery

For many organizations, the main focus of their web application platforms is to deliver content through whatever channels and whatever formats and languages the enterprise requires.

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o Aggregator: publishing syndicated content

The news aggregator is a powerful on-site news reader that can gather fresh content from news sites and web logs around the web and make it available from the site. Users can view the latest news chronologically in the main news aggregator display or by source. The administrator can add, edit, and delete feeds and choose how often to check each individual feed for updated news. He can also tag individual feeds with categories, offering selective grouping of some feeds into separate displays. Listings of the latest news for individual sources or categorized sources can be enabled as blocks for display in the sidebar through the block administration page.

o Block: controlling content in the sidebars

Blocks are the boxes of related/grouped data that are visible in the left and/or right sidebar(s) of the site. They can also be placed anywhere on a page using regions. These are usually generated automatically by modules, but administrators can also create their own defined blocks. The sidebar each block appears in depends on both which theme is used (some are left-only, some right, some both), and on the settings in block management. The block management screen lets the administrator specify the vertical sort-order of the blocks within a sidebar. The block management screen also provides checkboxes and a configure link for customizing the visibility of individual blocks. A block's visibility depends on:

The Enabled checkbox. Disabled blocks are never shown. The Throttle checkbox. Throttled blocks are hidden during high server

loads. Page specific visibility settings. Individual blocks can be configured to

only show/hide on certain pages. Custom visibility settings. Individual blocks can be configured so that

users decide whether to show/hide certain blocks. Its function. Dynamic blocks (such as those defined by modules) may be

empty on certain pages and will not be shown.

o Locale: multi-language support for all official EU languages

The locale module allows the administrator to present the site in a language other than the default English. The administrator can use it to set up a multi-lingual web site or replace given built-in text with text which has been customized for the site. Whenever the locale module encounters text which needs to be displayed, it tries to translate it into the currently selected language. If a translation is not

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available, then the string is remembered, so the administrator can look up untranslated strings easily. The locale module provides two options for providing translations. The first is the integrated web interface, via which the administrator can search for untranslated strings, and specify their translations. An easier and less time-consuming method is to import existing translations for any language. Translations for all official EU languages are available for download from the translation page.

o Menu: customize site navigation

The menu module allows for customization of the menus. Menus appear in blocks on the site and are useful for providing navigation in it. The main menu for navigation is the navigation menu. On the administer menu page administrators can '''edit''' to change the title, description, parent or weight of the menu item. Menu items which are disabled are not deleted; they are merely not available for navigating the site in the sidebar menu block. The default menu items generated by the menu module cannot be deleted, only disabled. Using the '''add menu''' tab submit a title for a new custom menu. Once submitted, the new menu will appear in a list toward the bottom of the administer menu page underneath the main navigation menu.

o Node: the content

All content on the website is stored and treated as "nodes." A node is any posting, such as a page, poll, story, forum text, or blog entry. Comments are not stored as nodes but are always tied to one. Treating all content as nodes allows the flexibility of creating new types of content. It also allows the administrator to painlessly apply new features or changes to all content. Behind the scenes, the nodes module manages these nodes. This module is what lets the administrator

• list, sort through, and manage all the content on the site • set norms for how all posts are displayed • list and configure the "content types" for the site, and create new ones

Offering "content types" is a way the system allows the administrator to have different kinds of nodes for different purposes. For example, a "story" is one kind of node, a "book page" another, and a "blog entry" yet another. The administrator can also create new content types of his own.

o Page: post static pages

The page module allows users to create static pages, which are the most basic type of content. Pages can be collected in books via the book module. Users should create a page if the information on the page is static. An example would be an "about" page. When a page is created, a user can set authoring information, configure publishing options, whether readers will be able to post comments. They can also select the content type of the page (e.g., full HTML, filtered HTML, other…). The administrator can set the publishing default for a page (in its workflow): he can specify whether a page is by default published, sent to moderation, promoted

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to the front page, sticky at the top of lists, and whether revisions are enabled by default. He can set the permissions that different user roles have to view, create, and edit pages.

o Profile: extending user account information

The profile module lets users share information about them. The administrator sets up forms for them to fill in. Users tell about themselves by filling in those forms on the edit tab of their "My Account" page. And what each user tells will be visible to the rest of the users on the site, to the extent the administrator chooses when he designs the forms.

o Story: post static pages

The story module is used to create a content post type called stories. Stories are articles in their simplest form: they have a title, a teaser and a body. Stories are typically used to post news articles or as a group blog. The story administration interface allows for complex configuration. It provides a submission form, workflow, default view permission, default edit permission, permissions for permission, and attachments.

o Tracker: viewing new and updated content

The tracker module displays the most recently added or updated content to the website allowing users to see the most recent contributions. The tracker module provides user level tracking for those who like to follow the contributions of particular authors. The "recent posts" page is available via a link in the navigation menu block and contains a reverse chronological list of new and recently-updated content. The table displays the content type, the title, the author's name, and how many comments that item has received, and when it was last updated. Updates include any changes to the text, either by the original author or someone else, as well as any new comments added to an item. To use the tracker module to watch for a user's updated content, click on that user's profile, then the track tab.

o Upload: collaborate with files

The upload module allows users to upload files to the site. The ability to upload files to a site is important for members of a community who want to share work. It is also useful to administrators who want to keep uploaded files connected to a node or page. Users with the upload files permission can upload attachments. The administrator can choose which post types can take attachments on the content type's settings page. Each user role can be customized for the file size of uploads, and the dimension of image files.

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2.2. Collaboration services

o Forum: create threaded discussions

The forum module lets the administrator create threaded discussion boards, called forums, on the site. Forums are very useful because they allow community members to discuss topics with one another, and the discussions are archived for future reference. Topics, or threaded discussions, are posted to a forum. Each topic is comprised of an initial post and replies, or comments. Forum topics can have their own URLs. Multiple forums are often set up for different areas of discussion. Forums can also be placed inside other forums for a discussion area that is a subset of the parent forum, in which case they are often called child boards or forums. Containers can also be created to hold a group of forums. However, topics cannot be posted to containers, unlike parent forums. Both containers and forums can be placed inside other containers and forums. By planning the structure of the containers and forums well, the administrator makes it easier for users to find a discussion area of interest to them. Forum modules require Taxonomy and Comments modules to be enabled.

o Contact: a way for users to get in touch

The contact module helps people get in touch with one another and with the system's administrator. Through personal contact forms users can send one another e-mail. And through site-wide contact forms users can send e-mail to the system's administrator. With either form, users can specify a subject, write their message, and also have a copy of their e-mail sent to their own address. Through contact forms, users allow themselves to be contacted yet keep their own e-mail addresses private. Users (in their account settings) can turn their personal contact forms on or off. When their form is turned on, a contact tab appears in their user profile, for everyone to see. (Privileged users such as site administrators can contact even users who have turned their forms off.)

2.3. Content repository

In general, the Content Repository consists of all the textual and graphical content that is available to be delivered through the content delivery applications.

o Categories (taxonomy): A way to organize content

The categories module lets the administrators classify content into categories and subcategories, thus organizing the content on their site. For example, they could classify music by genre: classical, jazz, rock. And they might further classify "classical" into concertos, sonatas, symphonies, and so on. When users create new

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content, administrators can let them classify it (or even require them to do so) right when they create it. When users view a post to which a category has been assigned, the theme, along with the post, will generally show the name of the category (or categories) to which the post belongs. Each category's name appears as a link. And clicking on that link will bring users to a page showing the other posts of the same category.

o Search: an internal site search system

The search module lets users search for specific content on the site. They can search both for users and for particular words. With a regular search, if users enter more than one search term the search module will look for content that has all the terms they've entered. If instead they want either one term or another, they join the terms with "or." If they are looking for an exact phrase, they enclose it in quotation marks. With Advanced Search they can also look for "any of these words" or "this phrase," or both, they can rule out words they don't want, and they can choose content types within which to confine their search. The search engine indexes the text of the site and the names of the users. The administrator can tweak the way it does this.

2.4. Workflows

An important aspect of any Web Content Management System is the set of workflows that are used to oversee the content management process. A good workflow will attempt to reflect the business process that any content project will go through before it is finally published, coordinating the activities of content creators, approvers (or rejecters), editors, managers and/or system administrators.

o Book: structured document authoring

A book is a set of pages tied together in sequence, perhaps with chapters, sections, subsections, and so on. Authors can use books for manuals, reports, site resource guides, Frequently Asked Questions (FAQs), or whatever they would like. Users who have permission can create a book and write, review, modify, or rearrange the pages. Many users can work together on a book. Authors can allow or disallow collaboration, to whatever extent they want. At the bottom of book pages, the system automatically provides links for moving to the previous page and the next, and a link labelled up that leads to the level above in the structure. A contents page is also automatically created. Authors can provide their users with a menu that helps them find their way around inside their books. They do this by enabling the book navigation block on the blocks page. (Users will see the menu only when viewing the book.)

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The "books" link takes users to authors' books. The "book navigation" block helps users move around inside authors' books. On the books administration page, administrators can view a list of all the books on the site. For each book there's a link to an outline, from which to edit or delete pages or sections, change their titles, or change their weight (thus putting them in a different order).

o Comment: allow comments on content

The comment module creates a discussion board for each post. Users can post comments to discuss a forum topic, weblog post, story, collaborative book page, etc. The ability to comment is an important part of involving members in a community dialogue. An administrator can give comment permissions to user groups, and users can (optionally) edit their last comment, assuming no others have been posted since. Attached to each comment board is a control panel for customizing the way that comments are displayed. Users can control the chronological ordering of posts (newest or oldest first) and the number of posts to display on each page. Comments behave like other user submissions. Filters, smileys and HTML that work in nodes will also work with comments. The comment module provides specific features to inform site members when new comments have been posted. On sites with active commenting from users, the administrator can turn over comment moderation to the community.

2.5. System administration and users' management

o Help: context-sensitive guidance

The help module displays context-sensitive help. Administrators cannot alter the help system. But module authors can make informative use of it. And modules can make help texts available to other modules.

o Statistics: tracking referrers, page hits, etc.

The statistics module keeps track of numerous statistics of site usage. It counts how many times, and from where each of the posts are viewed. The statistics module can be used to learn many useful things about how users are interacting with each other and with the site. Statistics module features

• Logs show statistics for how many times the site and specific content on the site has been accessed.

• Referrers tell from where visitors came from (referrer URL). • Top pages show what's hot, what is the most popular content on the site.

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• Top visitors show the most active visitors for the site and allow the administrator to ban abusive visitors.

• Recent hits displays information about the latest activity on the site. • Node count displays the number of times a node has been accessed in the

node's link section next to # comments.

o User: access and management settings.

The user module allows users to register, login, and logout. Users benefit from being able to sign on because it associates content they create with their account and allows various permissions to be set for their roles. The user module supports user roles which can setup fine grained permissions allowing each role to do only what the administrator wants them to. Each user is assigned to one or more roles. By default there are two anonymous roles - a user who has not logged in, and an authenticated user who has signed up and who has been authorized. Users can use their own name or handle and can fine tune some personal configuration settings through their individual my account page. Registered users need to authenticate by supplying either a local username and password, or a remote username and password such as one from another JLS powered website. A visitor accessing the website is assigned a unique ID, the so-called session ID, which is stored in a cookie. For security's sake, the cookie does not contain personal information but acts as a key to retrieve the information stored on the server.

o Watchdog: site monitoring

The watchdog module monitors the system and records system events in a log that can be reviewed. This helps the administrator get a quick overview of activity on his site. Since the log records events in sequence, it can also be useful for debugging site errors. The watchdog log records errors, warnings, usage data, performance data, and operational information. The administrator can filter the entries ("Filter by message type") to view only a particular type of message.

2.6. Important Notices

It should be noted that:

• Tenderers are asked to respect the minimum set of features described in the modules listed above and, only if they consider it necessary, to provide additional modules that could effectively contribute to the implementation of the requested System.

• Tenderers are allowed to group required system's features in a way other than described in the previous sections. It means that they can propose differently structured modules as part of their architecture.

• Tenderers are asked to provide their own solution based on products supported by

the Commission's infrastructure. A list of these products is included in the

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description of lot 2 but it is not exhaustive and may evolve in time. Also, an indicative list of currently used products is given in Annex 8.I.

3. DEVELOPMENT METHODOLOGY

(a) Tenderers will detail the methodology they propose to use throughout the

whole development process. It is required to apply a UP methodology for the purpose of this case study. Attention should be drawn to the fact that the Commission and DG JLS has chosen to use the Rational Unified Process (RUP) methodology. Hence, the contract which is going to be signed with the successful Tenderer will require the use of RUP@EC.

(b) Tenderers are asked to produce the following RUP artefacts to simulate the implementation of the Web Content Management System in question, namely:

• Vision document • Software development plan • Software architecture document

In the case of not having enough information for completing the above artefacts, the Tenderers are asked to make reasonable assumptions, especially concerning the scope and the organization of the project, the stakeholder requirements, the type and profile of the users of the system, etc.

The templates of those artefacts can be found in the annexes 8.V to 8.VII. Tenderers are requested to strictly follow the maximum length indications for each chapter while keeping the same character font and size. Failure to do so will be considered as a major breach in quality.

(c) Tenderers will explain which tools they propose to use for each of the different phases of this sample case and for the different disciplines as well as their cost (examples could be tools for risk management, requirements collection, change management, test plans design, etc). The Tenderers can use their tools for producing the artefacts required by the UP methodology and to better organize their work. However, it must be noted that the Commission has acquired licenses to use a set of IBM Rational tools for analysis and development (described in the tendering specifications) and the Tenderers must be in the position to make use of them if requested by the Commission.

(d) Tenderers are requested to describe their pre-built modules as either open source or proprietary, those considered as ready-to-use, that could facilitate the development and reduce the implementation time and cost. They will explain how they propose to integrate them into the overall system's architecture.

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They are invited also to describe other relevant modules they are able to offer which could extend the functionalities of the system or its performances. Tenderers will explain what the impact of using those modules on project's resources will be and what cost reductions their usage will incur to such a development project (presumably the cost of building modules from scratch).

4. COST ESTIMATION METHODOLOGY

A detailed budget will be produced, broken down by role, by phase and by tasks. The budget will be expressed in person-days and be presented as in the tables below: Role # people # working days Sub total Project manager P1 WD1 P1 * WD1 Architect P2 WD2 P2 * WD2 Role #3 P3 WD3 P3 * WD3 Role #n Pn WDn Pn * WDn TOTAL Activity Project Mgr Software

Architect Profile or Role 1…n

Total

Inception Phase Business Modelling

Activities Requirements

Activities Disciplines and Activities

Inception Phase total Elaboration Phase

Disciplines and Activities Elaboration Phase total Construction Phase

Disciplines and Activities Construction Phase total Transition Phase

Disciplines and Activities Transition Phase total Software Licenses Other costs Risk #1 Risk #n Grand total The list of roles can be found in the annexe 8.II. It is crucial that Tenderers explain in an analytical way the methodology they use to estimate their effort to build the system.

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They will detail the license costs (if any) of the softwares that are necessary to build the solution. They will identify the risk factor for each of the risks identified for the project, translate them into Person Days and add it to the total project cost.

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TERMINOLOGY Block Blocks are the navigational or content additions that generally live on the left or right side of a page when you view it in your browser. Blocks are not nodes; they are just a way of positioning data within a page. Module A module is a software entity that groups a set of (typically cohesive) subprograms and data structures. Modules are units that can be compiled separately, which makes them reusable and allows multiple programmers to work on different modules simultaneously. Node Almost all content in the system is stored as a node. When people refer to "a node" all they mean is a piece of content within the system, it could be a poll, a story, a book page, etc. Permissions Permissions control access to content creation, modification and site administration. Administrators assign permissions to roles, and then assign roles to users. Anonymous user is uid0. Roles Roles are sets of permissions that can be applied to individual users. Users can take on more than one role. Taxonomy Taxonomy is the practice and science of classification. Taxonomies, which are composed of taxonomic units known as taxa (singular taxon), are frequently hierarchical in structure, commonly displaying parent-child relationships. Template A HTML-writer-readable file that is mostly HTML with special codes to substitute in values provided by an engine.

Theme

In computing, a theme is a preset package containing graphical appearance details, used to customize the look and feel of (typically) an operating system widget sets, or a window manager.

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Lot "Graphics"

Case Study 2 (new JLS website)

Directorate General Justice, Freedom and Security has decided to recreate its website (http://ec.europa.eu/justice_home/index.htm) in order to refresh the visual appearance and to offer the internet users a more coherent presentation of the information. To do this, a study is required on the best way of reorganising this information as well as suggestions for the architecture of the site and of the resulting navigational tools. Furthermore, the website editor would like to completely review the newsroom and is looking for a more attractive presentation and graphics. Moreover, a better support for printing and for appliances such as blackberry is required. The criteria to take into account are as follows:

• the respect of the IPG (http://ec.europa.eu/ipg/index.htm); • the type of content presently available on the JLS site

(http://ec.europa.eu/justice_home/index.htm). Particular attention should be paid to certain content, such as "information dossiers", which appear as mini-sites within the site itself;

• the tenderer will be free to choose the illustrations; • as a general rule, the site is available in 3 languages (German, English and

French). The tenderer:

• will put together a dossier to support their tender and which explains how he thinks of reorganising the information on the site;

• will draw up a document explaining the new structure and navigation of the site; • will create an html page of the new newsroom.

Reminder of the appraisal points:

• a demonstration of a good understanding of the JLS themes and the correct identification of the target public audience in the analysis of the proposed reorganisation and navigation (20 points);

• relevance of the proposed reorganisation and navigation (30 points); • the quality of the graphics in the new newsroom on different internet browsers,

on printing and on appliances such as blackberry (30 points); • the technical quality of the HTML, CSS and Javascript. Respect of the IPG and

WAI recommendations. Facility of maintenance and order of the different elements which go together to compose the HTML page (the banner, global navigation, navigation by theme, navigation of the page, information…) of the new newsroom (20 points).

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Annexe III.4.a: Vision document

EUROPEAN COMMISSION DIRECTORATE-GENERAL INFORMATICS Information systems Directorate

European Commission <Project Name> Vision Document

Date: 23/10/2006

Version: 0.000

Authors:

Revised by:

Approved by: [name of the System Owner or Project Steering Committee chair]

Public:

Reference Number:

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TABLE OF CONTENTS

1. INTRODUCTION....................................................................................................... 185

1.1. SCOPE...................................................................................................................... 185

1.2. VISION DOCUMENT GLOSSARY...................................................................... 186

1.3. DEFINITIONS, ACRONYMS, AND ABBREVIATIONS..................................... 188

1.4. REFERENCES......................................................................................................... 188

1.5. OVERVIEW............................................................................................................. 189

2. POSITIONING............................................................................................................ 189

2.1. BUSINESS OPPORTUNITY .................................................................................. 189

2.2. PROBLEM/OPPORTUNITY STATEMENT.......................................................... 189

2.3. INFORMATION SYSTEM POSITION STATEMENT ......................................... 189

2.4. NEW OR UPDATED BUSINESS PROCESSES PROPOSED FOR

AUTOMATION...................................................................................................... 190

3. PROPOSED APPROACH .......................................................................................... 191

4. STAKEHOLDER AND USER DESCRIPTIONS...................................................... 191

4.1. STAKEHOLDERS................................................................................................... 192

4.2. USER ENVIRONMENT ......................................................................................... 194

4.3. KEY STAKEHOLDER OR USER NEEDS ............................................................ 194

4.4. ALTERNATIVES .................................................................................................... 196

4.4.1. SYNERGIES WITH OTHER PROJECTS ......................................... 196

4.4.2. <ALTERNATIVE A>......................................................................... 196

4.4.3. <ALTERNATIVE B> ......................................................................... 196

5. INFORMATION SYSTEM OVERVIEW.................................................................. 196

5.1. INFORMATION SYSTEM PERSPECTIVE .......................................................... 196

5.2. ASSUMPTIONS AND DEPENDENCIES.............................................................. 196

5.3. COST AND TIMING............................................................................................... 197

5.3.1. COST................................................................................................... 197

5.3.2. TIMING............................................................................................... 198

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5.4. QUALITY RANGES AND INFORMATION SYSTEM

REQUIREMENTS ........................................................................................... 198

5.4.1. AVAILABILITY................................................................................. 198

5.4.2. USABILITY........................................................................................ 198

5.4.3. MAINTAINABILITY......................................................................... 199

5.4.4. APPLICABLE STANDARDS............................................................ 199

5.4.5. SYSTEM REQUIREMENTS ............................................................. 199

5.4.6. PERFORMANCE REQUIREMENTS................................................ 199

5.5. LICENSING AND INSTALLATION ............................................................. 199

6. FEATURES................................................................................................................. 200

7. PLANNED RESOURCES .......................................................................................... 202

8. CONSTRAINTS ......................................................................................................... 202

8.1. SECURITY CONSTRAINTS.................................................................................. 202

8.2. DATA PROTECTION CONSTRAINTS................................................................. 202

8.3. OTHER CONSTRAINTS ........................................................................................ 202

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Document History

Version Date Comment Modified Pages

[Clearly indicate the review by the System Owner or Project Steering Committee chair]

[General comment on this template: all paragraphs of this vision document are mandatory unless explicitly stated otherwise. If a given paragraph is not applicable to your Project/Information System please indicate “Not applicable”. If a given non-optional paragraph cannot be completed, please provide a concise description of the reason(s) for not being able to complete the paragraph]

[All paragraphs have an indicative maximum length. The maximum lengths are not necessarily the result of best practices but an informed estimate by the author of the template.]

[If the concerned project is a maintenance cycle of an existing Information System, only the new functionality needs to be documented in this Vision Document. The previous Vision Documents (and/or other documentation describing the existing Information System) should be uploaded to GovIS30 and appropriate references to them should be made in paragraph 0 1.4. References]

[The vision document describes the full project even if it spans more than one financial year. In case the project is funded from the common "Information Systems" appropriations, the vision document should be submitted to the Corporate Project Office (CPO) in year N for requesting budget of year N and an updated version of the vision document should be submitted in year N+1 for requesting budget of year N+1. If there are no changes to the vision document submitted in year N, a simple letter to the CPO in year N+1 will suffice for requesting the funding of the project in year N+1]

1. INTRODUCTION

[The introduction to the Vision document provides an overview of the entire document. It should include the purpose, scope, definitions, acronyms, abbreviations, references, and overview of this Vision document.]

[The introduction, for example, could be:]

The purpose of this document is to collect, analyse, and define high-level needs and features of the <<System Name>>. It focuses on the capabilities needed by the stakeholders, and the target users, and why these needs exist. The details of how the <<System Name>> fulfils these needs are detailed in the use-case and supplementary specifications.

30 GovIS (http://applicationservers.cc.cec.eu.int/govisp/) enables decentralised acquisition and sharing of

data about the Commission's Information Systems and IT projects.

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1.1. Scope

[Indicative maximum length: 1 page]

[A brief description of the scope of this Vision document; what Business and/or IT project(s) it is associated with and anything else that is affected or influenced by this document.]

1.2. Vision document glossary

The glossary below provides the reader with an overview of terms (other than business and/or project terms which are defined in § 0 below) used throughout this vision document.

Term Description CEAF The Commission Enterprise Architecture Framework. It

shows from each stakeholder’s perspective (business or IT) the blueprint of all aspects involved in constructing information systems and how they relate.

COTS Commercial off-the-shelf products (hardware or software) refers to readily available products that can be acquired from the market (instead of being developed in-house).

CPO The Corporate Project Office – created by the Commission's decision SEC(2004)1267. It is hosted by DIGIT and its duties concern horizontal activities related to information systems coordination in the Commission, including the preparation and presidency of the Methodology, Architecture and Portfolio management working group. Its mandate is detailed in Annex 1 of the SEC(2004)1267 communication.

CTI-IS The Comité Technique Informatique-Information Systems – created by the Commission's decision SEC(2004)1267. The CTI-IS units all heads of information systems development in the DGs. The Committee assures the interservice coordination for all maters related to information systems in the Commission. Its mandate is detailed in the SEC(2004)1267 communication.

Data Centre The Data Centre is often used to describe the services offered by Directorate C of DIGIT and concerns the provision of hosting facilities (infrastructure, hardware, software, network, etc.) to run and operate the information systems.

FTE Full-Time Equivalent. One FTE indicates the equivalent work of one full-time person. A half FTE indicates the equivalent work of a half-time person, and so on.

GovIS The Commissions IT Governance Information System. GovIS (http://applicationservers.cc.cec.eu.int/govisp/). It enables decentralised acquisition and sharing of data about the Commission's Information Systems and IT projects.

Information System A system, whether automated or manual, that comprises

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people, machines, and/or methods organised to collect, process, transmit, and disseminate data that represent user information

ISSP The Information System Security Policy developed by DG ADMIN/DS. The ISSP is a comprehensive security policy indicating which security measures should be taken into account when developing information systems.

MAP The Methodology, Architecture and Portfolio management working group created by the Commission's decision SEC(2004)1267. The MAP is a sub-group of the CTI-IS and aims to ensure the operational coordination of information system development in the Commission. It reports its activities to the CTI-IS. Its mandate is detailed in Annex 1 of the SEC(2004)1267 communication.

Programme The term Programme often refers to the collection of projects aimed towards the same goal (e.g. the ABAC programme which comprised many projects to realise the introduction of an accrual based accounting in the Commission).

Project Projects are performed by people, constrained by limited resources, and planned, executed, and controlled. A project is a temporary endeavour undertaken to create a unique product or service. Temporary means that every project has a definite beginning and a definite ending. Unique means that the product or service is different in some distinguishing way from all similar products and services. Projects are often critical components of the performing organizations' business strategy.

Stakeholder An individual who is materially affected by the outcome of the information system. Stakeholders of an information system (amongst others) are : the business units, the users of the system, the supplier of the system, etc.

SWOT Analysis An analysis whereby the (internal) Strengths, (internal) Weaknesses, (external) Opportunities and (external) Threats involved in a project are being evaluated.

TCO Total Cost of Ownership. The TCO of an information system defines the total estimated cost to develop the system, to put it into production, to operate it, to support it, to maintain it, to phase it out at the end, etc. The cost estimation is as comprehensive as possible and should include all costs from the very inception of the system until its phase out.

[add any other terms required for the readers to correctly interpret the vision document]

[description of the term]

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1.3. Definitions, Acronyms, and Abbreviations

[Indicative maximum length: 1 to 10 lines per definition]

[This subsection provides the definitions of all terms, acronyms, and abbreviations required to properly interpret the Vision document. This information is a subset of the project's Glossary and/or the CEAF Business Glossary. For example]

Dom

ain31

Data

obj

ect N

ame

Desc

riptio

n (E

N)

Desc

riptio

n (F

R)

FINANCIAL Commitment Commitment of the EU to pay an amount.

FINANCIAL Invoice The invoice is 'any payment demand' whatever the form of it: cost claim, prefinancing request, invoice

FINANCIAL Legal Commitment

Legal base of the obligations and rights between the commission and another legal entity

FINANCIAL Legal Entity Legal entity which enters in relation with the commission: contractor (legal entity), supplier, customer, beneficiary, person,…

1.4. References

[Indicative maximum length: ½ page]

[This subsection provides a complete list of all documents referenced elsewhere in the Vision document. Identify each document by title, report number (if applicable), date, and publishing organisation. Specify the sources from which the references can be obtained. This information may be provided by reference to an appendix or to another document.]

[IT GOV: all reference documents should be uploaded to GovIS and linked to the project to which this Vision document applies]

31 Domains momentarily apply to one of the following corporate domains: Document management,

Other External (policy related), Financial, Human Resources, Other Internal (administration), Methodology (RUP), Portal (internal), Resource planning / reporting, Security, Data Warehouse.

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1.5. Overview

[This paragraph is optional] [Indicative maximum length: 10 lines]

[This subsection describes what the rest of the Vision document contains and explains how the document is organised.]

2. POSITIONING

2.1. Business Opportunity

[Indicative maximum length: 1 page]

[Briefly describe the business opportunity being met by this project.]

2.2. Problem/Opportunity Statement

[Indicative maximum length: ½ page]

[Provide a statement summarising the problem being solved (or the opportunity addressed – adapt the title of this section accordingly) by this project. The following format may be used:]

The problem of

or (remove as appropriate)

The opportunity

[describe the problem/opportunity]

affects [the stakeholders affected by the problem or the stakeholders that will benefit from the opportunity addressed]

the impact of which is [what is the impact of the problem/opportunity?]

a successful solution would be

[list some key benefits of a successful solution]

2.3. Information System Position Statement

[Indicative maximum length: ½ page]

[Provide an overall statement summarising, at the highest level, the unique position the Information System intends to fill in the organisation. The following format may be used:]

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For [target customer]

who [statement of the need or opportunity]

the (Information System name) is a [Information System category32]

that [statement of key benefit; that is, the compelling reason to realise the IS]

unlike [primary alternative]

our Information System [statement of primary differentiation]

Our Information System has a security classification

[Information System Security Classification33]

[An Information System position statement communicates the intent of the application and the importance of the project to all concerned personnel.]

32 This refers to the Information systems typology in the Commission defined in the annex 2 (§ 1) of the

IT governance communication SEC(2004)1267

33 This refers to the Information System classification (Normal, High, Exceptional) defined in the Information System Security Policy – Part I (§ 2.3 and 2.4)

2.4. New or Updated Business Processes Proposed for Automation

[Indicative maximum length: 1 to 10 lines per process]

[IT GOV] [Identify the business processes affected by the new information system. This list is a subset of the CEAF Process Glossary. For example:]

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Dom

ain34

ID

Nam

e

Desc

riptio

n (E

N)

Desc

riptio

n (F

R)

FINANCIAL 1 General ledger FINANCIAL 1.1 Payment The operational payment

process flow covers the payment process starting from receipt of cost statement, invoice or request for payment or other supporting document, until payment execution

FINANCIAL 1.2 Recovery Order The operational recovery order process flow covers the receivables process starting form forecast of revenue, creation of recovery order until effective recovery of the principal amount and interests for late payment if applicable

3. PROPOSED APPROACH

[Indicative maximum length: 1 to 2 pages]

[IT GOV][Summarise how the business problem will be solved. Include at least the following main elements : the project approach, the project's organisation (organisational structure, the phases, the outputs, the way the RUP lifecycle will be applied, etc.), the way the IT project will contribute to solving the business problem at hand, list the top-3 risks (or provide reference to the project's risk list (in annex to this vision document or in GovIS) and indicate how the project will tackle these risks, describe the accompanying measures the System Owner will put in place to implement the changing business processes and related business and/or organisational changes]

4. STAKEHOLDER AND USER DESCRIPTIONS [To effectively provide Information Systems and services that meet your stakeholders’ and users' real needs, it is necessary to identify and involve all of the stakeholders as part of the Requirements modelling process. You must also identify the users of the system and ensure that the stakeholder community adequately represents them. This section provides a profile of the stakeholders and users involved in the project, and the key problems that they perceive to be addressed by the proposed solution. It does not describe their specific requests or

34 Domains momentarily apply to one of the following corporate domains : Document management,

Other External (policy related), Financial, Human Resources, Other Internal (administration), Methodology (RUP), Portal (internal), Resource planning / reporting, Security, Data Warehouse.

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requirements as these can be captured in a separate stakeholder requests artefact. Instead, it provides the background and justification for why the requirements are needed.]

4.1. Stakeholders

[Indicative maximum length: ½ page per stakeholder]

[There are a number of stakeholders with an interest in the development. They are the future users but also non-user stakeholders. Present a list of all stakeholders including System Owner, System Provider, Steering Committee, end-users, etc...]

Name Steering Committee

Description [Describe the Steering Committee : members, president, etc.]

Responsibilities The Steering Committee is responsible for monitoring the correct execution of the project. The Steering Committee defines the main orientations and co-ordinates the project's main tasks. It validates the human and financial resources allocated to the project and validates the main project deliverables. All stakeholders should be represented in the Steering Committee.

Success Criteria [How does the Steering Committee define success?

How is the Steering Committee rewarded?]

Name System Owner

Description [Briefly describe the System Owner : who, DG/unit, represented by, etc.]

Responsibilities The System Owner is responsible for setting the business objectives and priorities. He approves all management milestones documents during the project (vision, business case, acceptance criteria and testing, user manuals, etc.) and commissions the new service and its accompanying organisational and procedural changes. The system owner is typically a Head of Unit or Director from the user department. He/She usually chairs the Steering Committee.

Success Criteria [How does the System Owner define success ?

How is the System Owner rewarded?]

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Name System Supplier

Description [Briefly describe the System Supplier : who, DG/unit, represented by, etc.]

Responsibilities The System Supplier supplies the Information System that will be put in place to solve the business problem. The System Supplier ensures that this system is in line with the requirements, timing and budget defined and agreed with the System Owner and/or Steering Committee. The System Supplier is typically the IT unit.

Success Criteria [How does the System Supplier define success?

How is the System Supplier rewarded?]

Name End-users

Description [Briefly describe the end-users : who, DG/unit, represented by, etc.]

Responsibilities Describe the responsibilities of the end-users for this project.

Success Criteria [How do the end-users define success?

How is the stakeholder rewarded?]

[describe all other stakeholders of the project]

Name [Name the stakeholder type (e.g. DG representative, Project Owner, Production Manager, Designer, Citizen, employee, accountant …)]

Description [Briefly describe the stakeholder.]

Responsibilities [Summarise the stakeholder's key responsibilities with regard to the project and /or the system being developed; that is, their interest as a stakeholder. For example, this stakeholder:

- ensures that the system will be maintainable

- ensures that there will be a demand for the Information System's features

- monitors the project's progress

- approves funding

- and so forth]

Success Criteria [How does the stakeholder define success?

How is the stakeholder rewarded?]

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4.2. User Environment

[Indicative maximum length: 1 to 2 pages]

[Detail the working environment of the target user of the system. Here are some suggestions:

• User population (DG, COM, INST, EU&MS or ROW)? 35

• Number of people involved in completing the task? Is this changing?

• How long is a task cycle? Amount of time spent in each activity? Is this changing?

• Which systems platforms are in use today? Future platforms?

• What other applications/IS do the users currently use for doing what they have to do ? Does your application/IS need to integrate with them? Provide this information from an end-user perspective. The technical interfaces (or interfaces non-visible to the end-users) are described in § 0 5.1. Information System Perspective

This is where extracts from the Business Model could be included to outline the task and business workers involved, and so on.]

4.3. Key Stakeholder or User Needs

[Indicative maximum length: 1 to 10 lines per need]

[List the key problems/opportunities with existing solutions as perceived by the stakeholder. Clarify the following issues for each problem or opportunity :

• What are the reasons for this problem/opportunity ?

• How is it solved now / Why is it an opportunity ?

• What solutions does the stakeholder or user want?]

[It is important to understand the relative importance the stakeholder or user places on addressing each problem / opportunity. Ranking and cumulative voting techniques indicate problems/opportunities that must be addressed versus issues they would like to be addressed (potentially).

35 The user population may be DG (internal to the DG), COM (several DGs of the Commission), INST

(internal to the Institutions), EU&MS (INST and the Member states) or ROW (particular or general public outside the Commission). It is assumed that these populations are nested, DG being the innermost and ROW being the most peripheral level. Indicate the outmost level.

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Need Priority Concerns36 Current Solution Proposed Solutions

36 « Concerns » does not mean « relates to » but in this case means « main worries »

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4.4. Alternatives

[Indicative maximum length: ½ page per alternative]

[Identify alternatives the stakeholder perceives as available. These can include buying a COTS (Commercial Off-the-Shelf) product, building a home-grown solution or simply maintaining the status quo. List any known alternatives that exist or may become available. Provide the major strengths, weaknesses, opportunities and threats of each alternative as perceived by the stakeholder or end user (SWOT).]

[IT GOV : consult GovIS .to ensure that the project is not about to develop something that has already been developed elsewhere that could be re-used. Use GovIS to check whether or not the new or updated business processes touched by the project are of a common nature and hence could be automated by seeking synergies with other DGs/projects]

4.4.1. Synergies with other projects

[IT GOV : List the results of your GovIS investigations in this section.]

4.4.2. <Alternative A>

[Provide the SWOT analysis of the first alternative]

4.4.3. <Alternative B>

[Provide the SWOT analysis of the second alternative]

[Etc.]

5. INFORMATION SYSTEM OVERVIEW

[This section provides a high level view of the Information System, its capabilities, interfaces with other applications, and systems configurations. This section usually consists of five subsections, as follows:

• Information System perspective

• Assumptions and dependencies

• Cost and Timing

• Quality Ranges and Information System requirements

• Licensing and Installation]

5.1. Information System Perspective

[Indicative maximum length: 1 to 2 pages]

[This subsection of the Vision document puts the Information System in perspective with any other related Information Systems and the user’s environment. If the Information System is independent and totally self-contained, state it here. If the Information System is a component of a larger system, then this subsection relates how these systems interact and identifies the relevant interfaces between the systems. This could be a schematic representation]

5.2. Assumptions and Dependencies

[Indicative maximum length: ½ page]

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[List each of the factors that affects the features stated in the Vision document. List assumptions that, if changed, will alter the Vision document. For example, an assumption may state that a specific operating system will be available for the hardware designated for the software Information System. If the operating system is not available, the Vision document will need to be changed.]

5.3. Cost and Timing

[Indicative maximum length: ½ page]

[For Information Systems developed in-house or purchased as a commercial package, cost and timing issues can directly impact the application's definition and implementation. In this section, record any cost and timing constraints that are relevant.]

5.3.1. Cost

[IT GOV] [This section should describe the financing structure: budget lines, headings and amounts. Provide the total cost of ownership of the Information System (i.e. development, installation/deployment, operations, maintenance, training, support, etc.). Calculate the cost for all stakeholders (including costs – if any - for other DGs and/or external stakeholders).Provide at least the information requested in the table below – add further detail/justification if necessary]

Expenditure Budget Line Amount37

nfrastructure38

Development39

Maintenance40

Support41

Training42

Total

37 If you cannot provide an amount, provide at least a qualitative statement (e.g. 1 server with 4

processors, 20 days of training, etc.)

38 Infrastructure : provide the total (anticipated) cost of the hardware and software required to develop, support, operate and maintain the system

39 Development : provide the total (anticipated) cost (human resources) for the development of the system

40 Maintenance : provide the total (anticipated) cost (human resources) in K€ per year to maintain the system

41 Support : provide the total (anticipated) cost (human resources) in K€ per year to support the system (e.g. helpdesk, operations, etc.)

42 Training : provide the total (anticipated) cost (human resources) to ensure the training of the users, the support and operations staff, etc.

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Expenditure Budget Line Amount37

Total FTE officials43

[If the project is to be financed from the 'Information Systems' budget line, clearly indicate the budget claim. For example]

The MAP and CPO are requested to provide a favourable opinion to finance [name of the project] for a total of [amount] from the Information Systems appropriations of [indicate budget year].

5.3.2. Timing

[Provide an indicative timing specifying at least the end dates of the major phases of the project – add further detail/justification (if necessary)]

Phase44 End-date Main subject45

nception

Elaboration

Construction

Transition

5.4. Quality Ranges and Information System Requirements

[Indicative maximum length: 2 pages]

[Define the quality ranges for robustness, fault tolerance, usability, and similar characteristics that are not captured in the Feature Set. For Information Systems that wish to be hosted at the Data Centre: make sure that the availability constraints and constraints related to the operation of the Information System can be met. Get advice and an opinion from the Data Centre and ensure that the ‘Information System Hosting Services – Guidelines' are taken into account]

5.4.1. Availability

[Define the required level of availability. Provide a justification if the system requires a non-standard availability (i.e. availability outside working hours). For example:]

The System shall be available during working hours (8.00 AM to 18.00 PM) Monday to Friday.

5.4.2. Usability

[Define the required level of availability. For example:]

43 Total FTE officials : provide the total (anticipated) effort that will be spent by Commission officials on

the project (in man-weeks, man-months or man-years).

44 Phase : these phases refer to the RUP phases and milestones. Please refer to http://www.cc.cec/CITnet/methodo/process/itrwkfls/iwf_iwfs.htm for a description of these phases and milestones.

45 Indicate the main content and work that will be done in these phases

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[The System shall be easy-to-use and shall include search and on-line help facilities.]

5.4.3. Maintainability

[Define the required level of maintainability. For example:]

[The System shall be designed for ease of maintenance. All data should be table-driven and modifiable without recompilation of the System.]

5.4.4. Applicable Standards

[List all standards with which the Information System must comply. These can include legal, regulatory, communications standards (TCP/IP, ISDN), platform compliance standards (Windows, UNIX, and so on), quality or other standards (ISO, CMMI).

5.4.5. System Requirements

[Define any system requirements necessary to support the application. These can include the supported host operating systems and network platforms, configurations, memory, peripherals, and companion software. For Information Systems that wish to be hosted at the Data Centre: make sure that the constraints can be met. Get advice and an opinion from the Data Centre and ensure that the ‘Information System Hosting Services – Guidelines’ are taken into account.

Indicate which Operating System (Unix, Windows, others), Application Server (ColdFusion, Weblogic, other), Database (Oracle), Search Engine (Verity K2) the system will use. Also indicate which network is to be used (Internet, SNET, Testa, others]

5.4.6. Performance Requirements

[Use this section to detail performance requirements. Performance issues can include such items as user load factors, bandwidth or communication capacity, throughput, accuracy, and reliability or response times under a variety of loading conditions. For Information Systems that wish to be hosted at the Data Centre: make sure that the constraints can be met. Get advise and an opinion from the Data Centre and ensure that the ‘Information System Hosting Services – Guidelines’ are taken into account. For example :]

[The system shall support up to 2000 simultaneous users against the central database at any given time, and up to 500 simultaneous users against the local servers at any one time.

The system shall provide access to the database with no more than a 10 second latency.

The system shall complete 80% of all transactions within 2 minutes.]

5.5. Licensing and Installation

[Indicative maximum length: ½ page]

[Licensing and installation issues can also directly impact the development effort. For example, the need to support serialisation, password security or network licensing will create additional requirements of the system that must be considered part of the development effort.

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Installation requirements may also affect coding or create the need for separate installation software.]

6. FEATURES

[Indicative maximum length: 1 to 10 lines per feature]

[List and briefly describe the Information System features. Features are the high-level capabilities of the system that are necessary to deliver benefits to the users. Each feature is an externally desired service that typically requires a series of inputs to achieve the desired result. A CEAF Business Function is a feature. For example, a feature of a problem tracking system might be the ability to provide trending reports. As the use-case model takes shape, update the description to refer to the use cases.

Because the Vision document is reviewed by a wide variety of personnel, the level of detail needs to be general enough for everyone to understand. However, enough detail must be available to provide the analysis team with the information they need to create a use-case model.

To effectively manage application complexity, we recommend for any new system, or an increment to an existing system, that capabilities are abstracted to a high enough level (i.e. a maximum of 25 to 99 features). These features provide the fundamental basis for Information System definition, scope management, and project management. Each feature will be expanded in greater detail in the use-case model.

Throughout this section, each feature will be externally perceivable by users, operators or other external systems. These features should include a description of functionality and any relevant usability issues that must be addressed. The following guidelines apply:

• Avoid design. Keep feature descriptions at a general level. Focus on capabilities needed and why (not how) they should be implemented

• If you are using the Rational RequisitePro toolkit, all needs in the following table must be selected as requirements of type “Need” for easy reference and tracking.

• Use the ‘Planned Release’ column to indicate which feature will be included in which release of the System hence determining the precedence and priority of the features to be provided]

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Need Priority Features Planned release

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7. PLANNED RESOURCES

[Indicative maximum length: 1 page]

[IT GOV] [This section describes the resources planned for development and operation.

Summarise here the numbers and type of staff required, including any special skills or experience, scheduled by project phase.

Describe how you will approach finding and acquiring resources needed for the project: staff and equipment.]

[Include all resources required to run the project/Information System in all user/stakeholder groups including resources required in other DGs and/or external stakeholders (if any).]

8. CONSTRAINTS

8.1. Security Constraints

[Indicative maximum length: ½ page]

[ISSP] [Provide a security statement and top level security requirements.]

8.2. Data Protection Constraints

[Indicative maximum length: ½ page]

[Note any design constraints and dependencies related to the processing of personal data and the free movement of such data as described in Data Protection Regulation No 45/2001.]

8.3. Other Constraints

[This paragraph is optional] – [Indicative maximum length: ½ page]

[Note any design constraints, external constraints or other dependencies.]

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Annex III.4.b: Software Development Plan

EUROPEAN COMMISSION DIRECTORATE-GENERAL INFORMATICS Information systems Directorate

European Commission <Project Name> Software Development Plan

Date: 31/03/2005

Version: 0.000

Authors:

Revised by:

Approved by:

Public:

Reference Number:

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TABLE OF CONTENTS 1. INTRODUCTION....................................................................................................... 207

1.1. PURPOSE ................................................................................................................ 207

1.2. SCOPE...................................................................................................................... 207

1.3. DEFINITIONS, ACRONYMS AND ABBREVIATIONS...................................... 207

1.4. REFERENCES......................................................................................................... 207

1.5. OVERVIEW............................................................................................................. 208

2. PROJECT OVERVIEW.............................................................................................. 208

2.1. PROJECT PURPOSE, SCOPE, AND OBJECTIVES............................................. 208

2.2. ASSUMPTIONS AND CONSTRAINTS ................................................................ 208

2.3. PROJECT DELIVERABLES .................................................................................. 208

2.4. [ISSP] SENSITIVITY OF INFORMATION........................................................... 208

2.5. [ISSP] SYSTEM IDENTIFICATION...................................................................... 209

3. PROJECT ORGANISATION..................................................................................... 209

3.1. ORGANISATIONAL STRUCTURE ...................................................................... 209

3.2. EXTERNAL INTERFACES.................................................................................... 209

3.3. ROLES AND RESPONSIBILITIES........................................................................ 209

[ISSP] SECURITY RULES OF BEHAVIOUR ..................................................... 213

[ISSP] USER ROLES AND ACCESS REQUIREMENTS.................................... 213

PROBLEM REPORTING, ESCALATION, AND ISSUE RESOLUTION........... 213

3.4. COMMUNICATION ............................................................................................... 213

4. MANAGEMENT PROCESS...................................................................................... 213

4.1. PROJECT ESTIMATES .......................................................................................... 213

4.2. PROJECT PLAN...................................................................................................... 213

4.2.1. PHASE PLAN..................................................................................... 213

4.2.2. PROJECT RESOURCING.................................................................. 214

4.2.2.1. STAFFING PLAN.............................................................. 214

4.2.2.2. RESOURCE ACQUISITION PLAN................................. 214

4.2.2.3. TRAINING PLAN ............................................................. 214

4.2.3. BUDGET............................................................................................. 214

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4.3. ITERATION PLANS ....................................................................................... 214

4.4. PROJECT MONITORING AND CONTROL................................................. 214

4.4.1. REQUIREMENTS MANAGEMENT PLAN..................................... 214

4.4.2. SCHEDULE CONTROL PLAN......................................................... 214

4.4.3. BUDGET CONTROL PLAN.............................................................. 214

4.4.4. REPORTING PLAN ........................................................................... 214

4.4.5. MEASUREMENT PLAN ................................................................... 214

4.4.6. [ISSP] MANAGEMENT REPORTS.................................................. 215

4.5. RISK MANAGEMENT PLAN........................................................................ 215

4.5.1. [ISSP] SYSTEM SECURITY MEASURES....................................... 215

4.6. CLOSE-OUT PLAN ........................................................................................ 215

5. TECHNICAL PROCESS PLANS .............................................................................. 215

5.1. DEVELOPMENT CASE ......................................................................................... 215

5.2. METHODS, TOOLS AND TECHNIQUES ............................................................ 215

5.3. INFRASTRUCTURE PLAN ................................................................................... 216

5.4. PRODUCT ACCEPTANCE PLAN......................................................................... 216

6. SUPPORTING PROCESS PLANS ............................................................................ 216

6.1. CONFIGURATION MANAGEMENT PLAN........................................................ 216

6.2. EVALUATION PLAN............................................................................................. 216

6.3. QUALITY ASSURANCE PLAN ............................................................................ 216

6.4. SUBCONTRACTOR MANAGEMENT PLAN...................................................... 216

7. ADDITIONAL PLANS .............................................................................................. 216

8. ANNEXES .................................................................................................................. 216

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Document History

Version Date Comment Modified Pages

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1. INTRODUCTION

[The introduction of the Software Development Plan should provide an overview of the entire document. It should include the purpose, scope, definitions, acronyms, abbreviations, references, and overview of this Software Development Plan.]

1.1. Purpose

[Specify the purpose of this Software Development Plan.]

[ISSP] The following elements of ISSP will be documented in the Software Development Plan,

• System Identification – see the chapter “Project Overview”

• Roles and Responsibilities – see chapter “Roles and Responsibilities”

• Sensitivity of Information – see chapter “Project Overview”

• Rules of Behaviour – see chapter “Project Organisation”

• Management Reports – see chapter “Project Monitoring and Control”

In this way these parts of the Software Development Plan constitutes part of the project Security Plan for projects of type A, B, C and D.

1.2. Scope

[A brief description of the scope of this Software Development Plan; what Project(s) it is associated with, and anything else that is affected or influenced by this document.]

1.3. Definitions, Acronyms and Abbreviations

[This subsection should provide the definitions of all terms, acronyms, and abbreviations required to properly interpret the Software Development Plan. This information may be provided by reference to the project and/or the Business Domain Glossary.]

1.4. References

[This subsection should provide a complete list of all documents referenced elsewhere in the Software Development Plan. Each document should be identified by title, report number (if applicable), date, and publishing organisation. Specify the sources from which the references can be obtained. This information may be provided by reference to an appendix or to another document.

For the Software Development Plan, the list of referenced artefacts should include:

• Iteration Plans

• Evaluation Plan (only if this is a separate plan - normally this is part of the Software Development Plan at Section 6.2)

• Subcontractor Management Plan only (if this is relevant)

RUP@EC provides standards or guidelines for the following documents. These are used in this project. Any deviations to these are documented in the Software Development Plan:

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• Quality Assurance Plan

• Problem Resolution Plan

• Product Acceptance Plan

• Configuration Management Plan

• Requirements Management Plan

• Measurement Plan

• Risk Management Plan

• Development Case

If guidelines have been produced that are applicable to the project, they must also be referenced. There could be such guidelines as:

• Business Modelling Guidelines

• User Interface Guidelines

• Use-Case-Modelling Guidelines

• Design Guidelines

• Programming Guidelines

• Test Guidelines

• Manual Style Guide ]

1.5. Overview

[This subsection should describe what the rest of the Software Development Plan contains and explain how the document is organised.]

2. PROJECT OVERVIEW

2.1. Project Purpose, Scope, and Objectives

[A brief description of the purpose and objectives of this project and a brief description of what deliverables the project is expected to deliver.]

2.2. Assumptions and Constraints

[A list of assumptions that this plan is based and any constraints, for example. budget, staff, equipment, schedule, that apply to the project.]

2.3. Project Deliverables

[A tabular list of the artefacts to be created during the project, including target delivery dates.]

2.4. [ISSP] Sensitivity of Information

[ISSP][ For projects of type A, B, C and D, this chapter identifies the sensitivity of the system contents]

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2.5. [ISSP] System Identification

[ISSP][ For projects of type A, B, C and D, this chapter contains the main identification characteristics of the system such as responsible organisation, system name, category, operational status, general description/purpose, planned security processes, controls and guidelines and work breakdown for security during development.]

3. PROJECT ORGANISATION

3.1. Organisational Structure

[Describe the organisational structure of the project team, including management and other review authorities. Include a description and composition of the project’s Steering Committee.]

3.2. External Interfaces

[Describe how the project interfaces with external groups. For each external group, identify the internal and external contact names.]

3.3. Roles and Responsibilities

[Identify the project organisational units that will be responsible for each of the disciplines, workflow details, and supporting processes.]

Role Responsibility Name Project Management Project Manager

Responsible for managing the overall Project Management discipline. As described in the Rational Unified Process.

Management Reviewer

Responsible for evaluating project planning and project assessment artefacts at major review points in the project's lifecycle. As described in the Rational Unified Process.

Technical Reviewer

Responsible for contributing feedback to the review process. This role is involved in the category of review that deals with the technical review of project artefacts. This role is responsible for providing timely, appropriate feedback on the project artefacts being reviewed. As described in the Rational Unified Process.

Review Coordinator

Responsible for facilitating formal reviews and inspections, and ensuring that they occur when required and are conducted to a satisfactory standard. As described in the Rational Unified Process.

[ISSP] LISO a) Liaison with the SD on security issues related to the project/service,

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b) advising the Project/Service Owner and Manager, and System Supplier on security issues c) supervising and auditing the security-related activities and controls

Business Modelling Business-Process Analyst

Responsible for defining the business architecture and for defining the business use cases and actors, and how they interact. As described in the Rational Unified Process.

Business Designer

Responsible for specifying the workflow of business use cases in terms of business workers and business entities. As described in the Rational Unified Process.

Requirements System Analyst Responsible for leading and coordinating

requirements elicitation and use-case modelling by outlining the system's functionality and delimiting the system; for example, identifying what actors exist and what use cases. As described in the Rational Unified Process.

Requirements Specifier

Responsible for the details of one or more a parts of the system's functionality by describing one or the aspects of the requirements. As described in the Rational Unified Process.

Analysis and Design Software Architect

Responsible for the software architecture, which includes the key technical decisions that constrain the overall design and implementation for the project. As described in the Rational Unified Process.

Designer Responsible for designing a part of the system, within the constraints of the requirements, architecture, and development process for the project. As described in the Rational Unified Process.

User Interface Designer

Responsible for coordinating the design of the user interface. User-interface designers are also involved in gathering usability requirements and prototyping candidate user-interface designs to meet those requirements. As described in the Rational Unified Process.

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Database Designer

Responsible for designing the persistent data storage to be used by the system. As described in the Rational Unified Process.

Implementation Implementer Responsible for developing and testing

components, in accordance with the project's adopted standards, for integration into larger subsystems. When test components, such as drivers or stubs, must be created to support testing, the implementer is also responsible for developing and testing the test components and corresponding subsystems. As described in the Rational Unified Process.

Integrator Responsible for planning the integration and performing the integration of Implementation Elements to produce builds. As described in the Rational Unified Process.

Test Test Manager Responsible for the test effort's success. The

role involves quality and test advocacy, resource planning and management, and resolution of issues that impede the test effort As described in the Rational Unified Process.

Test Designer responsible for defining the test strategy and ensuring its successful implementation, for identifying and defining the required tests, for monitoring detailed testing progress and results in each test cycle, for evaluating the overall quality experienced as a result of testing activities As described in the Rational Unified Process.

Tester Responsible for the core activities of the test effort, which involves conducting the necessary tests and logging the outcomes of that testing. As described in the Rational Unified Process.

Deployment Deployment Manager

responsible for planning the product's transition to the user community, ensuring those plans are enacted appropriately, managing issues and monitoring progress As described in the Rational Unified Process.

Course Responsible for developing training

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Developer material to enable users to be taught how to use the product. As described in the Rational Unified Process.

Graphic Artist Responsible creates product artwork that is included as part of the product packaging As described in the Rational Unified Process.

Technical Writer

Responsible for producing end-user support material such as user guides, help texts, release notes, and so on. As described in the Rational Unified Process.

Configuration and Change Management Change Advisor Board (Steering Committee)

Responsible for the control of the new requests, enhancement requests. Needs to be aware about the impact on the project scope, cost and planning This role is described as Change Control Manager or Change Control Board in Rational Unified Process.

Configuration Manager

Responsible for providing the overall Configuration Management (CM) infrastructure and environment to the product development team. As described in the Rational Unified Process.

Environment Process Engineer

Responsible for equipping the project team with an efficient and leaning development process, and to make sure that the team members are not hindered in doing their jobs As described in the Rational Unified Process.

Tool Specialist Responsible for the supporting tools on the project. This includes selecting and acquiring tools. The Tool Specialist also configures and sets up the tools, and verifies that the tools work. As described in the Rational Unified Process.

System Administrator

Responsible for maintaining the development environment, both hardware and software, system administration, backup, and so on. As described in the Rational Unified Process.

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[ISSP] Security Rules of Behaviour

[ISSP] [For projects of type A, B, C and D, this part includes security-relevant rules that clearly delineate responsibilities of and expectations for all individuals with access to the system. The rules should address such issues as dial-in access, copyright protections, and individual accountability and should state the consequences of non-compliance]

[ISSP] User Roles and Access Requirements

[ISSP] [For projects of type A, B, C and D, this part describes the security relevant roles and access requirements.]

Problem Reporting, Escalation, and Issue Resolution

[Define how process problems will be reported and escalated, and the process to be followed to achieve resolution]

[Any deviation from the standard RUP@EC Problem Resolution Plan concerning problem reporting, escalation and issue resolution should be described here.] [ISSP][For projects of type A and B: provide the Incident Handling Plan that defines the organisational structure, procedures and resources that should be used for handling security incidents.]

3.4. Communication

[Describe how the project will communicate project information : web site, newsletter, …]

4. MANAGEMENT PROCESS

4.1. Project Estimates

[Provide the estimated cost and schedule for the project, as well as the basis for those estimates, and the points and circumstances in the project when re-estimation will occur.]

4.2. Project Plan

4.2.1. Phase Plan

[Include the following:

• Work Breakdown Structure (WBS)

• a timeline or Gantt chart showing the allocation of time to the project phases or iterations

• identify major milestones with their achievement criteria

• a brief description of each software release and whether it’s demo, beta, etc

• Diagrams or tables showing target dates for completion of iterations and phases, release points, demos, and other milestones]

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4.2.2. Project Resourcing

4.2.2.1. Staffing Plan

[Identify here the numbers and type of staff required, including any special skills or experience, scheduled by project phase or iteration.]

4.2.2.2. Resource Acquisition Plan

[Describe how you will approach finding and acquiring resources needed for the project : staff and equipment.]

4.2.2.3. Training Plan

[List any special training project team members will require, with target dates for when this training should be completed.]

4.2.3. Budget

[Allocation of costs against the WBS and the Phase Plan.]

4.3. Iteration Plans

[Iteration plans can be enclosed in this section or in separate Iteration Plan documents.]

4.4. Project Monitoring and control

4.4.1. Requirements Management Plan

The project will follow the standard RUP@EC Requirements Management Plan.

[Any deviation from the standard plan should be described here.]

4.4.2. Schedule Control Plan

[Describes the approach to be taken to monitor progress against the planned schedule and how to take corrective action when required.]

4.4.3. Budget Control Plan

[Describes the approach to be taken to monitor spending against the project budget and how to take corrective action when required.]

4.4.4. Reporting Plan

[Describes internal and external reports to be generated, and the frequency and distribution of publication.

Various reports of security planning activity are required and procedures to produce them must be documented in this part]

4.4.5. Measurement Plan

The project will follow the standard RUP@EC Measurement Plan.

[Any deviation from the standard plan should be described here.]

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4.4.6. [ISSP] Management Reports

[ISSP] [For projects of type A, B, C and D, various reports of security planning activity are required and procedures to produce them must be documented in this part.]

4.5. Risk Management plan

The project will follow the standard RUP@Ec Risk Management Plan.

[Any deviation from the standard plan should be described here.]

4.5.1. [ISSP] System Security Measures

[ISSP] [For projects of type A, B, C and D, the System Security Measures, which describe the control measures used to mitigate the system risks, such as management, personnel, acquisition / implementation, operations, security administration, computer security and system architecture/integrity control must be documented here.]

4.6. Close-out Plan

[Describe the activities for the orderly completion of the project, including staff reassignment, archiving of project materials, post-mortem debriefings and reports etc.]

5. TECHNICAL PROCESS PLANS

5.1. Development Case

The project will follow [indicate whether the project will follow the Standard Development Case or the Maintenance Development Case]

[+Any deviation from the above-mentioned development case should be described here.]

5.2. Methods, tools and techniques

[Lists the documented project technical standards, etc., by reference:

• Business Modelling Guidelines

• User Interface Guidelines

• Use-Case-Modelling Guidelines

• Design Guidelines

• Programming Guidelines

• Test Guidelines

• Manual Style guide]

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5.3. Infrastructure Plan

[Enclosed by reference]

5.4. Product Acceptance Plan

The project will follow the standard RUP@EC Product Acceptance Plan.

[Any deviation from the standard plan should be described here.]

6. SUPPORTING PROCESS PLANS

6.1. Configuration Management Plan

The project will follow the standard RUP@EC Configuration Management Plan.

[Any deviation from the standard plan should be described here.]

6.2. Evaluation Plan

[Part of the Software Development Plan, this describes the project’s plans for product evaluation, and covers the techniques, criteria, metrics, and procedures used for evaluation— this will include walkthroughs, inspections, and peer reviews. Note that this is in addition to the Test Plan which is not enclosed in the Software Development Plan.]

6.3. Quality Assurance Plan

The project will follow the standard RUP@EC Quality Assurance Plan.

[Any deviation from the standard plan should be described here.]

6.4. Subcontractor Management Plan

[If the project is highly dependent on subcontractors, the subcontractor management plan shall describe how to manage these dependencies. The subcontractor management plan can also include the financial management of subcontractors.

It the project does not employ subcontractors this section is not applicable.]

7. ADDITIONAL PLANS

[Additional plans if required by contract or regulations.]

8. ANNEXES

[Additional material of use to the reader of the SDP.]

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Annex III.4.c: Software Architecture Document

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EUROPEAN COMMISSION DIRECTORATE-GENERAL INFORMATICS Information systems Directorate

European Commission <Project Name> Software Architecture

Document

Date: 18/01/2006

Version: 0.000

Authors:

Revised by:

Approved by:

Public:

Reference Number:

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TABLE OF CONTENTS 1. INTRODUCTION .......................................................................................................222

1.1. PURPOSE.................................................................................................................222

1.2. SCOPE ......................................................................................................................222

1.3. DEFINITIONS, ACRONYMS AND ABBREVIATIONS ......................................222

1.4. REFERENCES .........................................................................................................222

1.5. OVERVIEW .............................................................................................................222

2. ARCHITECTURAL REPRESENTATION ................................................................222

3. ARCHITECTURAL GOALS AND CONSTRAINTS................................................223

4. SECURITY..................................................................................................................223

4.1. SECURITY OVERVIEW.........................................................................................223

4.2. PHILOSOPHY..........................................................................................................223

4.3. SCOPE ....................................................................................................................2239

4.4. ASSUMPTIONS.......................................................................................................223

4.5. TRUSTED COMPUTING BASE.............................................................................223

4.6. ALTERNATIVE SECURITY DESIGNS ................................................................224

4.7. MAPPING OF FEATURES TO REQUIREMENTS...............................................224

5. USE-CASE VIEW.......................................................................................................224

6. LOGICAL VIEW.........................................................................................................224

6.1. OVERVIEW .............................................................................................................224

6.2. ARCHITECTURALLY SIGNIFICANT DESIGN PACKAGES............................224

6.3. USE-CASE REALIZATIONS..................................................................................224

7. PROCESS VIEW.........................................................................................................225

8. DEPLOYMENT VIEW...............................................................................................225

9. IMPLEMENTATION VIEW ......................................................................................225

9.1. OVERVIEW .............................................................................................................225

9.2. LAYERS...................................................................................................................225

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10. DATA VIEW.............................................................................................................225

11. SIZE AND PERFORMANCE...................................................................................225

12. QUALITY..................................................................................................................226

13. SOFTWARE CARTOGRAPHY...............................................................................227

14. SOFTWARE/BUSINESS FUNCTIONS MATRIX..................................................228

15. TEST INTERFACE SPECIFICATION (OPTIONAL).............................................229

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Document History

Version Date Comment Modified Pages

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1. INTRODUCTION

[The introduction of the Software Architecture Document should provide an overview of the entire Software Architecture Document. It should include the purpose, scope, definitions, acronyms, abbreviations, references, and overview of the Software Architecture Document.]

1.1. Purpose

This document provides a comprehensive architectural overview of the system, using a number of different architectural views to depict different aspects of the system. It is intended to capture and convey the significant architectural decisions which have been made on the system.

[This section defines the purpose of the Software Architecture Document, in the overall project documentation, and briefly describes the structure of the document. The specific audiences for the document should be identified, with an indication of how they are expected to use the document.]

1.2. Scope

[A brief description of what the Software Architecture Document applies to; what is affected or influenced by this document.]

1.3. Definitions, Acronyms and Abbreviations

[This subsection should provide the definitions of all terms, acronyms, and abbreviations required to properly interpret the Software Architecture Document. This information may be provided by reference to the project Glossary.]

1.4. References

[This subsection should provide a complete list of all documents referenced elsewhere in the Software Architecture Document. Each document should be identified by title, report number (if applicable), date, and publishing organization. Specify the sources from which the references can be obtained. This information may be provided by reference to an appendix or to another document.]

[ISSP] [For projects of type A, B and C, reference to the Contingency Plan]

1.5. Overview

[This subsection should describe what the rest of the Software Architecture Document contains and explain how the Software Architecture Document is organized.]

2. ARCHITECTURAL REPRESENTATION

[This section describes what software architecture is for the current system, and how it is represented. Of the Use-Case, Logical, Process, Deployment, and Implementation Views, it enumerates the views that are necessary, and for each view, explains what types of model elements it contains.]

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3. ARCHITECTURAL GOALS AND CONSTRAINTS

[This section describes the software requirements and objectives that have some significant impact on the architecture, for example, safety, security, privacy, use of an off-the-shelf product, portability, distribution, and reuse. It also captures the special constraints that may apply: design and implementation strategy, development tools, team structure, schedule, legacy code, and so on.]

[ISSP] For projects of type A and B, the architecture of the system should take into account continuity provisions (Contingency Plan)]

4. SECURITY

The content of this chapter concerns basically the security requirements and security design deliveries of ISSP.

4.1. Security Overview

[ISSP] [For projects of type A, B and C, this part gives an overview of the security system to be developed, describing the system purpose, boundaries, security purpose (in terms of availability, integrity, confidentiality and trust) and requirements. Note: “security system to be developed” = security requirements]

4.2. Philosophy

[ISSP] [For projects of type A, B and C, the overall philosophy of protection must be described in terms of how the broad security features and techniques are intended to appropriately preserve the defined needs for availability, integrity, confidentiality and trust.]

4.3. Scope

[ISSP] [For projects of type A, B and C, the intended scope of security within the system must be described, including the extent to which existing Commission infrastructure will be expected to provide security services in framework of the Project/Service.]

4.4. Assumptions

[ISSP] [For projects of type A, B and C, a list of the primary assumptions that underlie the planned and / or actual security architecture must be given; European Commission Information Systems Security Policy Rev 023 III-68]

4.5. Trusted Computing Base

[ISSP] [For projects of type A, B and C, the totality of protection mechanisms within a computer system (known as trusted computing base) that are responsible for internally enforcing the security rules established to manage, protect, and distribute sensitive information, must be described.]

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4.6. Alternative Security Designs

[ISSP] [For projects of type A, B and C, any alternative security designs considered must be presented.]

4.7. Mapping of Features to Requirements

[ISSP] [For projects of type A, B and C, in this part, a description must be given of how the planned / actual architecture will satisfy the defined security requirements. A mapping of each planned/actual security feature to the security requirements it is intended to satisfy must be included.]

5. USE-CASE VIEW

[This section lists use cases or scenarios from the use-case model if they represent some significant, central functionality of the final system, or if they have a large architectural coverage - they exercise many architectural elements, or if they stress or illustrate a specific, delicate point of the architecture.]

6. LOGICAL VIEW

[This section describes the architecturally significant parts of the design model, such as its decomposition into subsystems and packages. And for each significant package, its decomposition into classes and class utilities. You should introduce architecturally significant classes and describe their responsibilities, as well as a few very important relationships, operations, and attributes.]

[CEAF] [This section should contain those parts of the Analysis Model and Design Model that can be used to develop the CEAF artefacts 'Logical Data Model' and 'System Design and Implementation'. Only the elements that are relevant at the CEAF level should be dealt with in this document.]

6.1. Overview

[This subsection describes the overall decomposition of the design model in terms of its package hierarchy and layers.]

6.2. Architecturally Significant Design Packages

[For each significant package, include a subsection with its name, its brief description, and a diagram with all significant classes and packages contained within the package.

For each significant class in the package, include its name, brief description, and, optionally a description of some of its major responsibilities, operations and attributes.]

6.3. Use-Case Realizations

[This section illustrates how the software actually works by giving a few selected use-case (or scenario) realizations, and explains how the various design model elements contribute to their functionality.]

[CEAF][The Use-Case Realizations of the project are a subset of the CEAF Application Flow.]

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7. PROCESS VIEW

[This section describes the system's decomposition into lightweight processes (single threads of control) and heavyweight processes (groupings of lightweight processes). Organize the section by groups of processes that communicate or interact. Describe the main modes of communication between processes, such as message passing, interrupts, and rendezvous.]

8. DEPLOYMENT VIEW

[This section describes one or more physical network (hardware) configurations on which the software is deployed and run. It is a view of the Deployment Model. At a minimum for each configuration it should indicate the physical nodes (computers, CPUs) that execute the software, and their interconnections (bus, LAN, point-to-point, and so on.) Also include a mapping of the processes of the Process View onto the physical nodes.]

[CEAF][The component diagram(s) of the project should be documented here at a level relevant for the CEAF]

9. IMPLEMENTATION VIEW

[This section describes the overall structure of the implementation model, the decomposition of the software into layers and subsystems in the implementation model, and any architecturally significant implementation elements.]

[CEAF][The deployment diagram(s) and implementation model of the project should be documented here at a level relevant for the CEAF. This serves as a basis for the CEAF artefacts 'Distributed System Architecture', 'Software Component to Distributed System Architecture' and 'Technology Architecture']

9.1. Overview

[This subsection names and defines the various layers and their contents, the rules that govern the inclusion to a given layer, and the boundaries between layers. Include a component diagram that shows the relations between layers. ]

9.2. Layers

[For each layer, include a subsection with its name, an enumeration of the subsystems located in the layer, and a component diagram.]

10. DATA VIEW

[A description of the persistent data storage perspective of the system.]

[CEAF] [This section should contain those parts of the Data Model that are relevant at the CEAF level.]

11. SIZE AND PERFORMANCE

[A description of the major dimensioning characteristics of the software that impact the architecture, as well as the target performance constraints.]

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12. QUALITY

[A description of how the software architecture contributes to all capabilities (other than functionality) of the system: extensibility, reliability, portability, and so on.]

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13. SOFTWARE CARTOGRAPHY [CEAF] [This software cartography can be published under the form of an information system inventory describing all existing information systems, their modules, the interfaces they offer, the business functions supported, the technology used, etc..

Mandatory information: - Principal EC business domain and zone to which the information system belongs. - Name of the information system. - Name of the information system module. - Description of the information system/ information system module. - Supported business functions. - Business responsible (DG, Directorate, unit and/or name) of the information system. - Last modification, responsible and date for updating the artefact.

For example:]

Domain Zone IS Name IS Module Description Supported Function(s) Interfaces

Responsible(DG /

Directorate / Unit / Name)

Modified by (DG /

Directorate / Unit / Name)

CU Customer ERP CRM for Utilities

Create a customer, Record a customer, Create a complaint

NT

Laboratory Information Management System

NT SCADA System FIN Customer Billing Application

FIN Accounting ERP Accounting application

Payroll, Treasury, General Ledger

WK Work

Management ERP

Computerised Maintenance Management System Create an outage

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14. SOFTWARE/BUSINESS FUNCTIONS MATRIX [CEAF] [By describing the relationship between software modules and business functions, the software/business functions matrix links the functional and application perspectives of the CEAF. By doing so, it will propagate the traceability of the information from business processes to the software module level. For example: ]

Domain CU CU CU NT NT NT FIN

Zone Customer Customer Contact Center

Outage management

Leakage management Telecontrol Payroll

Business Function Create a customer

Record a customer

Create a complaint

Create an outage Billing

Domain Zone IS Name IS Module CU Customer ERP CRM for Utilities X X X

NT

Laboratory Information Management System

NT SCADA Systems X

FIN Customer Billing Application X

FIN Accounting ERP Accounting Application X

WK Work

Management ERP

Computerised Maintenance Management System X

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15. TEST INTERFACE SPECIFICATION (OPTIONAL)

The Test Interface Specification provides a means of documenting the special requirements of the test effort that will place constraints or additional requirements on the design of the software. Where aspects of the system that do not normally have visibility must be observed, or where control of the software is required in a way not normally available through the standard interface, this may necessitate that specialized test interfaces be developed.

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Annex III.5: Service Level Agreement (SLA)

EUROPEAN COMMISSION DIRECTORATE-GENERAL Justice, Freedom and Security General Affairs Directorate Unit Budget and Control

Service level agreement

(to be completed in details by the tenderer)

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Instructions for completion of the SLA This Service Level Agreement has to be completed by the tenderer, in conformance with the Service Requirements document attached to the Tendering Specifications and the structure provided herewith. It should not overrule the terms and conditions defined by the draft framework contract and the technical specifications. The completed SLA is a key element of the offer, it accounts for the overall technical evaluation. The tenderer’s proposal for a draft service agreement is considered as a formal commitment. The contractor will be obliged to implement the proposed service elements and to apply the procedures. In case of award, the SLA proposed by the tenderer will become an annex to the Framework contract to be signed. However, changes may be requested by both parties in order to adapt the service level agreement. Changes have to be approved by the Commission and will be enacted by a contract amendment. Typically the size of the SLA should not exceed 16 A4 pages. When necessary, additional details will be provided in Annex. Additional important documents that the tenderer proposes in relation with its offer may be referenced and annexed.

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Document information Document History

Version46

Revision No

Author Date Description Action47 Pages

Internal Quality Control

Activity Name Function Date

Technical review

Quality review

Authorisation

Distribution List

Name Organisation Job

46 Draft / Issue

47 Insert, Delete and/or Replace

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TABLE OF CONTENTS

SERVICE LEVEL AGREEMENT.................................................................................234

1. INTRODUCTION...................................................................................................234

1.1. SCOPE AND OBJECTIVES ..................................................................................234

1.2. APPLICABLE DOCUMENTS...............................................................................234

2. SERVICE: QUOTED TIME & MEANS AND FIXED PRICE.............................234

2.1. SERVICE ORGANISATION, INTERFACES, ROLES AND

RESPONSIBILITIES..............................................................................................234

2.2. APPLICATION OF PROJECT MANAGEMENT METHODOLOGY.................234

2.3. QUALITY OF MEASURES TO RESPECT PROJECT DEADLINES.................235

2.4. QUALITY OF DELIVERABLES ..........................................................................235

2.5. QUALITY OF TRAINING AND FOLLOW-UP OF CONSULTANTS...............235

2.6. GUARANTEE TO GET PROJECTS COMPLETED. ...........................................235

2.7. QUALITY OF CONTINUITY IN SERVICE DELIVERY ...................................235

2.8. TENDERER'S INFORMATICS INFRASTRUCTURE FOR WORK IN THE

CONTEXT OF THIS LOT. ....................................................................................235

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Service Level Agreement

1. INTRODUCTION

1.1. Scope and objectives

The present Service Level Agreement (SLA) lays down the service organisation for the relevant lot of call for tender JLS/2007/A5/…, the measures taken to provide a good service quality, the judgment of the service quality and compensation / penalties and corrective measures to be taken in case the service quality is to be improved.

1.2. Applicable documents

Call For Tenders JLS/2007/A5/…, Tendering Specifications, among others:

-Model Framework contract

-SERVICE REQUIREMENTS

Other Reference documents

- Contractor’s proposal in reply to Call for Tenders JLS/2007/A5/…

2. SERVICE: QUOTED TIME & MEANS AND FIXED PRICE

2.1. Service organisation, interfaces, roles and responsibilities.

Describe the service organisation, interfaces, roles, responsibilities and line of reporting.

This should include the full life cycle of the service, among others amendments to the framework contract, request processing, specific contract signature, project management, invoicing, complaints about the overall service etc.

It should also indicate how this will work when subcontractors get involved and how it will work for the group of companies in case this is a joint offer.

Describe how the tenderer will guarantee the correctness and accuracy of the proposed service organisation and their conformity with the service requests. In correspondence with the points hereafter, describe how the accuracy of the proposed profiles will be measured.

2.2. Application of project management methodology

Describe how the proposed project management methodology (which was mentioned in 1.4.3 of the questionnaire) will be applied for fixed-price projects or quoted time and means projects at the premises of the tenderer. It should also indicate how this will be applied when subcontractors get involved and how it will be applied for the group of companies in case this is a joint offer.

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2.3. Quality of measures to respect project deadlines

Describe what preventive measures will be taken to prevent project delays and what corrective measures and compensation is foreseen in case delays happen nevertheless.

Justify the proposed management tools and methods to reach the deadlines.

2.4. Quality of deliverables.

Describe what preventive measure will be taken to ensure a high quality of the deliverables and what corrective measures and compensation is foreseen for bugs or deliverables not corresponding to the user requirements.

2.5. Quality of training and follow-up of consultants

Describe how training will be organised in order to keep the consultants expertise up to date in their domain. What type of training can the Commission expect that they will follow and how many days per year, with the condition that the cost of training is in charge of the tenderer and that training days can not be considered as working days for the Commission. Describe this for the different profiles and technologies. Also describe the issues dealing with certification.

Describe how the tenderer will perform a follow-up of the consultants and of customer satisfaction and take corrective actions if necessary.

2.6. Guarantee to get projects completed.

Describe what guarantee is foreseen to make the Commission confident that projects will be completed and the compensation in case nevertheless the tenderer is unable or unwilling to finalise a project.

2.7. Quality of continuity in service delivery

Describe what measures the tenderer will take to avoid service interruptions and to minimise its impact if it occurs, during the execution of a specific contract but also for an extension of it covered by the same original request. Describe what free of charge hand-over period will be foreseen in case a service is interrupted. Describe what compensation is foreseen in case a suitable continuation is not found. Describe what the tenderer will do to avoid that a critical Commission project is impacted by an interruption of services. Whatever the tenderer describes here, as a minimum, the clauses mentioned in the formal contract apply.

2.8. Tenderer's informatics infrastructure for work in the context of this lot.

Describe the informatics infrastructure which will be set up in case the Commission requests work at the premises of the tenderer in the context of this lot. It should also indicate how this will work when subcontractors get involved and how it will work for the group of companies in case this is a joint offer. Explain the following elements: Hardware, software, security, administration tools, means of transmission to the Commission’s services.

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Annex III.6: Schedule of prices for lot 2

Lot 2 « Sites web, Systèmes Web de Gestion de Contenu (Web Content Management Systems) et autres services informatiques »

Bordereau de prix

Remarques importantes

Comme les Conventions spécifiques seront conclues sur la base des bordereaux de prix, ceux-ci devront être joints à l’offre, remplis, datés et signés. Le soumissionnaire complètera impérativement et dans son intégralité les bordereaux de prix pour les services et matériels concernés. Les prix seront indiqués en euros, hors TVA. Un seul montant par unité doit être indiqué. S'agissant des modules préconstruits le soumissionnaire en présentera la liste dans le tableau de la liste de prix, accompagnée de leur prix respectif et d'un descriptif en annexe afin, pour chacun d'eux d'en préciser les caractéristiques et les fonctions. Les tarifs indiqués dans les bordereaux de prix seront forfaitaires et comprendront tous les frais généraux et ceux liés à l’exécution des prestations de services, y compris l’assurance responsabilité civile et toutes les assurances obligatoires, mais à l’exception des frais de voyage et de séjour du Contractant qui, le cas échéant, seront remboursés selon les règles relatives au remboursement de frais ("Article II.7 – Remboursements" du Contrat de services type) et selon la liste des indemnités journalières ("Annexe IV – Frais de voyage et de séjour" du Contrat de services type). Aucune modification n’est autorisée. Toute modification pourrait entrainer le rejet de l’offre. Exception: s'il en voit la nécessité, le soumissionnaire est autorisé à ajouter quelques éléments aux bordereaux de prix, dans la limite de 20 pour cent du nombre d'éléments déjà présents. Ces prix devront se conformer à la politique habituelle du soumissionnaire en matière de tarification et être comparables aux prix en vigueur sur le marché pour le type de services ou de matériels indiqué. Dans le cas spécifique de technologies non encore envisageables ou disponibles actuellement, la Commission européenne pourra le moment venu demander au Contractant des produits ou des services complémentaires que le Contractant devra alors proposer au meilleur prix du marché. Dans ce cas, le Contractant fera une proposition de prix correspondant à la structure et au niveau de prix du bordereau de prix. Cette proposition fera l'objet d'un accord de la Commission européenne. Les prix devront toujours inclure, par défaut, la livraison des produits à la Commission européenne à Bruxelles. Une page papier ou web à rédiger ou à traduire signifie: 1 500 caractères sans espaces. Enfin, quel que soit le volet dans lequel un métier (ou un matériel) est indiqué, celui-ci est utilisable pour l'ensemble du lot et son prix vaut aussi pour l'ensemble du lot.

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Lot 2 « Sites web, Systèmes Web de Gestion de Contenu (Web Content Management Systems) et autres services informatiques »

Bordereaux de prix

Firme: _____________________________________________________________ Date: ______________________________________________________________ Nom et signature: ____________________________________________________

Analyse et étude

Description

Coût unitaire

. Business Designer/Analyst

. Senior System Analyst

. System Analyst

. Requirements Specifier

. IS Senior Consultant

. IS Consultant

… euros/personne/jour… euros/personne/jour… euros/personne/jour… euros/personne/jour… euros/personne/jour… euros/personne/jour

Développement

Description

Coût unitaire

. Senior Implementer

. Implementer

. User Interface Designer

. Senior Software Architect

. Software Architect

. Database Designer/Manager

. Integrator

. Web Master

… euros/personne/jour… euros/personne/jour… euros/personne/jour… euros/personne/jour… euros/personne/jour… euros/personne/jour… euros/personne/jour… euros/personne/jour

Management

Description

Coût unitaire

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. chef de projet

. Change Control Manager

. Configuration Manager

. Test Manager

. Deployment Manager

. Management Reviewer

… euros/personne/jour… euros/personne/jour… euros/personne/jour… euros/personne/jour… euros/personne/jour… euros/personne/jour

Production et Support

Description

Coût unitaire

. Technical Writer

. Course Developer - User Assistance Person

. Tester

. Test Designer

… euros/personne/jour… euros/personne/jour… euros/personne/jour… euros/personne/jour

Gestion de sites Web

Description

Coût unitaire

. rédacteur

. technicien web

. graphiste web

. documentaliste

… euros/personne/jour… euros/personne/jour… euros/personne/jour… euros/personne/jour

Traduction . de EN, FR ou DE vers EN, FR ou DE . de EN, FR ou DE vers une autre langue . d’une autre langue vers EN, FR ou DE . d’une autre langue directement vers une autre langue . d’une autre langue vers une autre langue via une langue relais

… euros/page… euros/page… euros/page… euros/page… euros/page

Hébergement et maintenance de bases de données, recherche de cibles et envoi de documents

Description

Coût unitaire

Hébergement et maintenance d’une base de données de destinataires d’informations de la Direction générale « Justice et Affaires intérieures » en format Excel … euros/enregistrementEncodage de données … euros/enregistrement

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Création d’une liste d’envoi ad hoc à partir d’une base … euros/enregistrementEnvoi en masse d’un document par e-mail (avec, si nécessaire, tri par version linguistique et pays) … euros/page/adresseEnvoi en masse d’un document par fax (avec, si nécessaire, tri par version linguistique et pays) … euros/page/numéroImpression d’étiquettes adressées générées à partir d’une base … euros/unitéConstitution d’une liste à partir de plusieurs listes existantes48 … euros/enregistrementConversion de données d’un format à un autre … euros/enregistrementExtraction de données et mise sur support (CD ou DVD-ROM) … euros/enregistrement

Taux de majoration éventuel

Description

Coût unitaire

Taux de majoration éventuellement applicable à une traduction urgente en 24H + … %Pour toute prestation impliquant des frais de personnel: taux de majoration éventuellement applicable aux samedis, dimanches et jours fériés, après accord de la Commission européenne + … %

Modules Préconstruits

Description

Coût unitaire

… …… …… …

Eléments éventuellement ajoutés par le soumissionnaire49

Description

Coût unitaire

… …… …… …

48 Par exemple constituer une liste de francophones à partir de listes de destinataires habitant plusieurs pays. 49 Dans la limite de 20 pour cent du nombre d'éléments déjà présents.

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Annex III.7: Proposed Framework service contract for lot 2 and its annexes

Annex III.7a: List of services covered by the contract and price schedule 268

Annex III.7b: Power of attorney 269

Annex III.7c: Identification form and legal entities 271

Annex III.7d: - Specification (Invitation to tender No [complete] of [complete]) 272 - Original archived at the Commission’s premises

Annex III.7e: - Contractor's tender (No [complete] of [complete]) 273 - Original archived at the Commission’s premises

Annex III.7f: Specific contracts and order forms – Models 274

Annex III.7g: Financial guarantee – Model 275

Annex III.7h: Performance guarantee – Model 277

Annex III.7i: Service Level Agreement 278

Annex III.7j: Daily travel and subsistence allowance for the contractor 279

Annex III.7k: III – General terms and conditions for information technologies contracts 281

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EUROPEAN COMMISSION DIRECTORATE-GENERAL JUSTICE, FREEDOM AND SECURITY Directorate General Affairs

PROPOSED FRAMEWORK SERVICE CONTRACT

CONTRACT NUMBER – [complete] The European Community (hereinafter referred to as "the Community"), represented by the Commission of the European Communities (hereinafter referred to as "the Commission"), which is represented for the purposes of the signature of this contract by Mr Tung-Laï Margue, Director-General, Directorate General Justice, Freedom and Security,

of the one part, and [official name in full] [official legal form] [statutory registration number] [official address in full] [VAT registration number] (hereinafter referred to as "the Contractor50"), [represented for the purposes of the signature of this contract by [name in full and function,]] of the other part

50 In the case of a joint offer and provided the invitation to tender so specifies, the following clause should be

added below the identification of the parties: “The parties identified above and hereinafter collectively referred to as ‘the Contractor’ shall be jointly and severally liable vis-à-vis the Commission for the performance of this contract”.

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HAVE AGREED

the I Special Conditions, the II General Conditions and the III General Terms and Conditions for Information Technologies Contracts below and the following Annexes: Annex I – List of Services covered by the Contract and schedule of prices.

Annex II – Power of Attorney.

Annex III – Identification form and Legal entities

Annex IV – Tender Specifications (Invitation to Tender No [complete] of [complete]) – Original archived at the Commission’s premises

Annex V – Contractor's Tender (No [complete] of [complete]) – Original archived at the Commission’s premises

Annex VI – Specific Contracts and Order forms – Models

Annex VII – Financial guarantee – Model

Annex VIII – Performance Guarantee – Model

Annex IX – Service Level Agreement

Annex X – Daily travel and subsistence allowance for the Contractor

Annex XI – III – General Terms and Conditions for Information Technologies Contracts

which form an integral part of this contract (hereinafter referred to as “the Contract”). - The terms set out in the Special Conditions shall take precedence over those in the other

parts of the Contract.

- The terms set out in the General Conditions shall take precedence over those in the General Terms and Conditions for Information Technologies Contracts.

- The terms set out in the General Terms and Conditions for Information Technologies Contracts shall take precedence over those in the Annexes.

- The terms set out in the Contract shall take precedence over those in the Specific Contracts and Order Forms.

- The terms set out in the Tender Specifications (Annex IV) shall take precedence over those in the Tender (Annex V).

Subject to the above, the several instruments forming part of this Contract are to be taken as mutually explanatory. Ambiguities or discrepancies within or between such parts shall be explained or rectified by a written instruction issued by the Commission; subject to the rights of the Contractor under Article I.7 should he dispute any such instruction.

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I – SPECIAL CONDITIONS ARTICLE I.1 - SUBJECT I.1.1 The object of the contract is the study, design, creation, maintenance and support of

information systems specific to the activities of the European Union, particularly but not exclusively in the field of justice, freedom and security based on orders at fixed prices or QTMs. This mainly involves web content management and document management applications (portals, websites, search engines, etc.) but also cover other types of information system, typical examples of which are given below:

• processing applications and data management; • Business Intelligence application; • data warehouses.

The work could include the following (this list is not exhaustive and the Commission is not obliged to request all the services listed below): Development: • project management; • evaluation and introduction of new production tools (typically content

management, indexation and search tools); • preliminary analysis, comparative analysis, gathering of user requirements,

feasibility studies; • adapting and/or integrating existing systems or products; • analysis and design, documentation (including technical documentation),

studies of security aspects, risk management; • prototyping, programming, development, migration, installation,

customisation, hosting (temporarily during development, testing and production);

• quality assurance, tests; • installation of software products in various phases (development, testing,

production, etc.) upon request of the Commission in the computer centre indicated (usually DIGIT or JLS's computer centre in Luxembourg);

• training (including technical training), assistance for end-users, support, consultancy on information systems;

• design, production, hosting, maintenance, updating and/or day-to-day management of websites;

• design, production, hosting, maintenance and/or updating of web applications; • design, production, hosting, maintenance and/or regular updating of databases; • design, production, hosting, maintenance and/or updating of content

management systems (some of which are based on Documentum and its starter kit);

• design and adaptation of the general architecture of multilingual websites or portals (Information Providers Guide (IPG) and its updates; see http://ec.europa.eu/ipg/index.htm);

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• taking part in meetings of the various internal Commission bodies dealing with its websites.

Content management: • database integration and encoding of data; • updating and day-to-day management of websites; • proof-reading; • writing, translating, revising and adapting web content in all current and future

official languages; • graphic design, picture research, illustrations, design for websites; • manipulation of documents such as images, photos, videos, reports, magazines,

newsletters, memos, brochures, leaflets, notices, panels, web pages, and other types of documents, to adapt them to the web medium (usually in HTML format or as a PDF document);

• manipulation of documents such as web pages, images, photos, videos, reports, magazines, newsletters, memos, brochures, leaflets, notices, panels, web pages, and other types of documents, to adapt them and load them in Documentum;

• monitoring the quality of online documents (metadata, links, etc.); • developing, introducing and managing statistical and interactive tools

(notification, mailboxes, forums, discussions, online surveys, etc.) and producing a summary report on the operation of such interactive tools;

• organising and moderating forums, and then producing a summary report on the results;

• producing guides for information producers. Distribution/dissemination of information: • creating, populating and updating databases; • creating an ad hoc mailing list; • mass mailing of documents by email or fax; • printing labels; • database integration and encoding of data.

I.1.2 Signature of the Contract imposes no obligation on the Commission to purchase. Only implementation of the Contract through Orders and Specific Contracts is binding on the Commission.

I.1.3 Once implementation of the Contract has been asked or has commenced, the Contractor shall reply and execute the tasks in accordance with all terms and conditions of the Contract.

I.1.4 The Contract does not confer on the Contractor any exclusive right to provide the services described in Annex I to the Commission.

The Contractor is selected as the [first, second, third] contractor for a multiple "cascade" Framework Contract. The other Contractors selected on the basis of the classification established during the evaluation of the offers are:

[names and addresses of the other Contractors]

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ARTICLE I.2 - DURATION I.2.1 The Contract shall enter into force on the date on which it is signed by the last

contracting party.

I.2.2 Under no circumstances may implementation take place before the date on which the Contract enters into force. Specific Contracts may under no circumstances be placed before the date on which the Contract enters into force.

I.2.3 The Contract is concluded for a period of 12 months with effect from the date on which it enters into force. This contractual period and all other periods specified in the Contract are calculated in calendar days unless otherwise indicated.

I.2.4 The Orders or Specific Contracts shall be returned, signed, before the Contract to which they refer expires.

The Contract shall continue to apply to such Orders and Specific Contracts after its expiry, but no later than 6 months after it expires.

I.2.5 The Contract may be renewed up to three times, each time for a period of one year, only before expiry of the Contract and with the express written agreement of the parties. Renewal does not imply any modification or deferment of existing obligations.

ARTICLE I.3 - PRICES I.3.1 The prices of this contract shall be as listed in Annex I.

I.3.2 Prices shall be expressed in Euro.

I.3.3 Prices shall be fixed and not subject to revision during the first year of duration of the Contract.

From the beginning of the second year of duration of the Contract, each price may be revised upwards or downwards each year, where such revision is requested by one of the contracting parties by registered letter no later than 60 days before the anniversary of the date on which it was signed. The Commission shall purchase on the basis of the prices in force on the date on which Orders or Specific Contracts are signed. Such prices shall not be subject to revision.

This revision shall be determined by the trend in the harmonised consumer price index "MUICP": (eurozone) published for the first time by the Office for Official Publications of the European Communities in the Eurostat monthly bulletin at http://www.ec.europa.eu/eurostat/.

Revision shall be calculated in accordance with the following formula:

⎟⎟⎠

⎞⎜⎜⎝

⎛=

o

ror I

IPP *

where:

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rP = revised price;

oP = price in the original tender;

oI = index for the month corresponding to the final date for submission of tenders;

rI = index for the month corresponding to the date of receipt of the letter requesting a revision of prices

I.3.4 In addition to the total amount specified in each Order or Specific Contract, travel,

subsistence and shipment expenses of the Contractor shall be reimbursed in accordance with Article II.7, as shall other expenses provided for by the Tender Specifications throughout implementation of the Contract. The daily subsistence allowance referred to in Article II.7.4 (d) shall be determined in accordance with Annex IX. Moreover, the lodging expenses shall be reimbursed in accordance with Article II.7.1 up to a maximum amount determined in Annex VI.

ARTICLE I.4 – IMPLEMENTATION OF THE CONTRACT Within 10 to 20 working days – depending on the complexity of the task required – of a request for goods or services being sent by the Commission to the Contractor (the exact date will be specified in the request), the Commission shall receive an offer. Should the Contractor be unavailable, he shall give reasons for refusal within the same period and the Commission shall be entitled to place the order with the next Contractor on the list. Similarly, in the event of failure to observe this deadline or of disagreement on the offer persisting even after discussion and negotiation, the Contractor shall be considered unavailable and the Commission shall be entitled to place the order with the next contractor on the list. Finally, within 10 working days of an Order Form or Specific Contract being sent by the Commission to the Contractor, the Commission shall receive it back, duly signed and dated. In the event of failure to observe this deadline, the Contractor shall be considered unavailable and the Commission shall be entitled to place the order with the next Contractor on the list. ARTICLE I.5 – PAYMENT PERIODS

In conformity with Article III.1.5.4 of the General terms and conditions for Information Technologies contracts, the invoicing procedures for the services, once accepted by the Commission, are as follows:

FIXED-PRICE SPECIFIC CONTRACT

Specify one of the two possibilities:

Where this is an initial Specific Contract:

Amounts in the Specific Contract over EUR 25 000:

- Maximum of 30 % on receipt of first deliverable.

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- 70 % on completion of the work, based on receipt advice slips accepted and signed by the Commission in accordance with the form annexed to the specific contract model (to be attached to the invoice)

Where this is an extended Specific Contract, or for amounts in the Specific Contract below EUR 25 000:

- 100 % on completion of the work, based on receipt advice slips accepted and signed by the Commission in accordance with the form annexed to the specific contract model (to be attached to the invoice)

For work performed in instalments:

- Payment by instalment for the deliverables specified in the technical annex, based on receipt advice slips accepted and signed by the Commission in accordance with the form annexed to the specific contract model (to be attached to the invoice)

QUOTED T&M SPECIFIC CONTRACT

Specify one of the two possibilities:

Amounts in the Specific Contract over EUR 25 000:

- at the end of each calendar quarter, on the basis of quotation forms duly completed and signed by both the Commission and the Contractor using the form annexed to the specific contract model. Duly completed Forms must be attached to the invoice.

Amounts in the Specific Contract below EUR 25 000:

- once the work has been completed, on the basis of quotation forms duly completed and signed by both the Commission and the Contractor using the form annexed to the specific contract model. Duly completed Forms must be attached to the invoice.

Payments under the Contract shall be made in accordance with Article II.5. Payments shall be executed only if the Contractor has fulfilled all his contractual obligations by the date on which the invoice is submitted. Payment requests may not be made if payments for previous Orders or Specific Contracts have not been executed as a result of default or negligence on the part of the Contractor. I.5.1 Pre-financing

For Orders or Specific Contracts whose total price is below 40,000 euros There shall be no pre-financing payment. For Orders or Specific Contracts whose total price is equal to or above 40,000 euros The Contractor may request a pre-financing payment of 30% of the total price of the service, excluding travel and subsistence allowances for the Contractor and possible unforeseen expenses.

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I.5.2 Interim payment

For Orders or Specific Contracts whose total price is below 40,000 euros There shall be no interim payment. For Orders or Specific Contracts whose total price is equal to or above 40,000 euros • For a service of less than six months, there shall be no interim payment. • For a service of six months or more, the Contractor may request an interim

payment of 30% of the total price of the service, excluding travel and subsistence allowances for the Contractor and possible unforeseen expenses.

Requests for interim payment by the Contractor shall be admissible if accompanied either by an interim technical report in accordance with the instructions laid down in the Order or Specific Contract or by an acknowledgement of receipt of the service, provided by the Commission. In the case of a technical report, the Commission shall have 20 days from receipt to approve or reject the report, and the Contractor shall have 10 days in which to submit additional information or a new report. Within 30 days of the date on which the report is approved or the service is accepted by the Commission, an interim payment corresponding to 30% of the total amount referred to in the relevant Order or Specific Contract, excluding travel and subsistence allowances for the Contractor and possible unforeseen expenses, shall be made.

I.5.3 Admissible payments

The balance shall be paid after services have been delivered by the Contractor and accepted by the Commission, within 30 days of the date of receipt of the relevant invoice. The request for payment of the balance shall be admissible if accompanied by: • either the final technical report in accordance with the instructions laid down in

the Order or Specific Contract or an acknowledgement of receipt of the service, provided by the Commission;

• statements of reimbursable expenses in accordance with Article II.7; • the relevant invoices, indicating the reference number of the Contract and of the

Order or Specific Contract to which they refer. In the case of a technical report, the Commission shall have 20 days from receipt to approve or reject the report, and the Contractor shall have 10 days in which to submit additional information or a new report.

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Within 30 days of the date on which the report is approved or the service is accepted by the Commission, a final payment corresponding to the relevant invoices shall be made. [For Contractors established in Belgium, the orders shall include the following provision: “En Belgique, l’utilisation de ce bon de commande vaut présentation d’une demande d’exemption de la TVA n° 450” or an equivalent statement in the Dutch or German language. The Contractor shall include the following statement in his invoice(s): “Exonération de la TVA, article 42, paragraphe 3.3 du code de la TVA” or an equivalent statement in the Dutch or German language.] [For Contractors established in Italy, the provisions of the Contract constitute a request for VAT exemption, provided the Contractor includes the following statement in his invoice(s): “Operazione non imponibile ai sensi dell’articolo 72, comma 3) paragrafo 3 del D.P.R. n. 633 del 26/10/1972 come modificato da ultimo dal D.L. n. 323 del 20/06/1996 convertito in Legge n. 425 dell’8/8/1996”.]

I.5.4 Performance guarantee:

A guarantee for an amount of € XXXXXX (2,5 % of the contract value) for the first contractor in the cascade, € XXXXX (0,25 % of the contract value) for the second contractor, € XXXX (0.025% of the contract value) for the third contractor may be requested by the Commission at the signature of the contract. It shall be issued by a bank, an authorised financial institution or a third party in favour of the Commission. Such a guarantee shall be released three months after payment of the balance of the last order or Specific Contract. It shall cover performance of the Contract in accordance with the terms set out in the Contract and notably with the terms set out in Annex IV. The Commission reserves the right to request an additional performance guarantee with respect to the Specific Contracts which proportionally represent a relevant value in relation to the Framework Contract.

I.5.5 Bank Account

Payments shall be made to the Contractor’s bank account denominated in Euro, stated in the Contractor’s identification form set out in Annex III.

ARTICLE I.6 – BANK ACCOUNT

Payments shall be made to the Contractor’s bank account denominated in Euro, identified as follows:

Name of bank: [complete] Address of branch in full: [complete] Exact designation of account holder: [complete] Full account number including codes: [complete] [IBAN code: [complete]]

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ARTICLE I.7 – GENERAL ADMINISTRATIVE PROVISIONS Any communication relating to the Contract or to its implementation shall be made in writing and shall bear the Contract and Order or Specific Contract numbers. Ordinary mail shall be deemed to have been received by the Commission on the date on which it is registered by the department responsible indicated below. Communications shall be sent to the following addresses:

Commission: European Commission Directorate-General "Justice, Freedom and Security" Directorate "General Affairs" Unit "Information and Communication" For the attention of the Head of Unit Office: LX 46 7/81 1049 Brussels Belgium Contractor: Mr/Mrs/Ms [complete] [Function] [Company name] [Contact address in full]

ARTICLE I.8 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES I.8.1 The Contract shall be governed by the national substantive law of Belgium. I.8.2 Any dispute between the parties resulting from the interpretation or application of the

Contract which cannot be settled amicably shall be brought before the courts of Brussels.

ARTICLE I.9 – DATA PROTECTION I.9.1 Any personal data included in or relating to the Contract will be processed in

accordance with the requirements of Regulation (EC) 45/2001 of the European Parliament and the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movements of such data (OJ No L8, 12.1.2001, p. 1). The data will only be processed for the purposes of the performance, management and follow up of the Contract by the Contracting authority(ies) without prejudice to a possible transmission to the bodies in charge of a monitoring or inspection task in conformity with Community law. The Contractor may, upon request, obtain the communication of his personal data and rectify any inaccurate or incomplete personal data. Should the Contractor have any queries concerning the processing of his personal data, he

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shall address them to the Contracting authority(ies). As regards the processing of his personal data, the Contractor has a right of recourse at any time to the European Data Protection Supervisor (http://www.cc.cec/dataprotectionofficer/).

I.9.2 When processing personal data on behalf of the Contracting authority(ies) in the

performance of the Contract the Contractor:

(a) shall act only on instructions from the Contracting authority(ies);

(b) shall comply with the obligations set out in Articles 21 and 22 of Regulation (EC) 45/2001 on the confidentiality and the security of processing unless, by virtue of Article 16 or Article 17(3), second indent, of Directive 95/46/EC, the Contractor is already subject to obligations with regard to confidentiality and security laid down in the national law of one of the Member States.

Appropriate technical and organisational measures will be taken by the Contractor for the security of the processing in accordance with Article 22 of Regulation (EC) 45/2001 and will have to be agreed between the Contractor and the Contracting authority(ies) in writing or in another equivalent form.

I.9.3 The Contractor shall comply with Council regulation (Euratom, EEC) N° 1588/90 of

11 June 1990 on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (OJ No L151, 15.6.1990, p. 1).

ARTICLE I.10 – TERMINATION BY EITHER CONTRACTING PARTY Either contracting party may, of its own volition and without being required to pay compensation, terminate the Contract by serving six months formal prior notice. Should the Commission terminate the Contract, the Contractor shall only be entitled to payment corresponding to the services ordered and delivered before the termination date. On receipt of the letter terminating the Contract, the Contractor shall take all appropriate measures to minimise costs, prevent damage, and cancel or reduce his commitments. He shall draw up the documents required by the Special Conditions for the Services rendered up to the date on which termination takes effect, within a period not exceeding sixty days from that date. ARTICLE I.11 – SPECIFIC DEROGATIONS TO III GENERAL TERMS AND CONDITIONS FOR INFORMATION TECHNOLOGIES CONTRACTS By way of derogation from Article 7.3.1 of the General Terms and Conditions for the Information Technology Contracts, Quoted Time & Means work may be partially or totally performed on-site (intra-muros) in agreement with the Commission, according to what is the most appropriate in a particular situation.

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By way of derogation from III the General Terms and Conditions for Information Technology Contracts, the following articles are hereby modified as follows: III.2.2 Security 2.2.2 The contractor and its staff, when performing tasks for the Commission in execution of this Framework contract, undertakes to comply with

– the decision C(95) 1510 of 23 November 1995 of the Commission on protection of information system, its subsequent version, its implementing rules and the corresponding security notices, and

– the Commission decision on security annexed to the decision 2001/844/EC, CECA, Euratom of the Commission of 29 November 2001 amending its internal rules of procedure, as well as all its subsequent versions

2.2.6. The Contractor shall take all appropriate steps for each Product to ensure that the data and the magnetic media upon which they are stored are safely preserved. The Products supplied shall not contain any mechanism (e.g. viruses) which could compromise their availability, integrity or confidentiality or that of other Products. The cost of repairing the damage caused by such a mechanism shall be borne by the Contractor.

III.2.4 Co-operation 2.4.1 The Contractor agrees to co-operate with other suppliers to make the Products work with those of these other suppliers. It agrees to attend meetings called for that purpose by the Commission. ARTICLE I.12 – SPECIFIC PROVISIONS 1.12.1 TRAVEL

For reimbursement of travel costs and daily allowances, the rules, regulations and rates of the Guide to Missions for officials and other servants of the European Commission, as indicated in Appendix A of Annex 2 of the tendering specification (questionnaire), shall be applied analogously. In case of travel to locations other than the normal locations of delivery (Brussels, Luxembourg) that is conducted on request of the European Commission, the contractor shall be entitled to invoice days of travel by using the applicable daily rate for the relevant profile.

1.12.2. ADDITIONAL SERVICES

The Commission may exercise the option to increase the estimated market amount at a later stage via negotiated procedure with the contractor in accordance with Art. 126.1.f. of the Implementing Rules of the Financial Regulation.

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1.12.3 NORMAL WORKING DAYS

Commission on-duty days (such as Holy Thursday, the day following Ascension Day and the period from 27. to 31. December) shall be included in the normal working day as defined in Art. 1.1 of the General Terms and Conditions. In case the Commission requires service provision on these days, the normal day rate without any surcharge shall apply.

ARTICLE I.13 – SPECIFIC QUALITY STANDARDS AND IMPLEMENTATION I.13.1 Specific quality standards and compensations / penalties as set out in the Service

Level Agreement (Annex VIII) apply in addition to the quality standards and penalties described in Articles III.2.1 of the General Terms and Conditions for Information Technologies Contracts and Art. II.2.4 of the General Conditions of this Contract.

I.13.2 For time and means services, in case the tenderer is unable to provide a suitable

person by the requested start date for three consecutive requests or for three requested start dates within a period of twelve months, whatever the requested profile, the tenderer who could not provide a suitable person, will be treated as if he were at the end of the cascade for all following requests during a period of 12 months : the first day of the period will be the day after the day on which the Contractor receives a registered letter with acknowledgment of receipt or equivalent, the last day included in the period will be the last day of the 12th calendar month following the start day. Before the end of the period, the contractor can already advance one position to the beginning of the cascade if during the period another contractor receives the "at end of cascade" treatment. The advancement will also be notified by registered letter and take effect on the start date of the period for the newcomer "at end of cascade". A period of two months, starting at the framework contract signature date, will be a "grace period". Inability to provide suitable persons for requests with a start date within this "grace" period, will not be taken into account. The changes to the cascade via this article will not have an impact on the performance guarantee that may have asked to the contractors at the start of the framework contract.

ARTICLE I.14 – SPECIFIC MAINTENANCE SECURITY RULES Not applicable

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II – GENERAL CONDITIONS ARTICLE II.1 - PROCEDURES FOR PERFORMING THE CONTRACT II.1.1 Phases of execution of the Specific Contract

Sending of the Specific Contract

Whenever the Commission wishes services to be provided or goods to be supplied pursuant to the Contract, it shall send a Specific Contract to the Contractor, in duplicate, specifying the terms of the provision of services or supply of the goods, such as quantity, designation, quality, price, place of delivery and time allowed for delivery, in accordance with the conditions laid down in the Contract.

Acknowledgment of the Specific Contract by the Contractor Within the period indicated in Article I.4, the Contractor shall return one original of the Specific Contract, duly signed and dated, thereby acknowledging receipt of the Specific Contract and acceptance of the terms.

Delivery a) Time allowed for delivery

The time allowed for delivery shall be calculated in accordance with Article I.4.

b) Date, time and place of delivery

The Commission shall be notified in writing of the exact date of delivery within the period indicated in Article I.4. All deliveries shall be made at the agreed place of delivery during the hours indicated in Article I.4.

The Contractor shall bear all costs and risks involved in delivering the goods to the place of delivery.

c) Delivery note

Each delivery shall be accompanied by a Delivery note in duplicate, duly signed and dated by the Contractor or his carrier, giving the Specific Contract number and particulars of the goods delivered. One copy of the Delivery note shall be countersigned by the Commission and returned to the Contractor or to his carrier.

Certificate of conformity (or acceptance note)

Signing of the Delivery note by the Commission, as provided for in subparagraph c) above, is simply an acknowledgment of the fact that the goods have been delivered and in no way implies conformity of the goods with the Specific Contract.

Conformity of the goods delivered shall be evidenced by the signing of a certificate to this effect by the Commission no later than one month after the date of delivery, unless provision for a different period is made in the Special Conditions or in the General Terms and Conditions for Information Technologies Contracts.

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Conformity shall be declared only where the conditions laid down in the Contract and in the Specific Contract are satisfied and the goods conform to the Annex I.

Where, for reasons attributable to the Contractor, the Commission is unable to accept the goods, the Contractor shall be notified in writing at the latest by the deadline for conformity.

Conformity of the goods/services delivered with the Contract a) The goods/services delivered by the Contractor to the Commission must be in

conformity in quantity, quality, price and packaging with the Contract and the relevant Specific Contract.

b) The goods/services delivered must:

- correspond to the description given in Annex I and possess the characteristics of the goods/services supplied by the Contractor to the Commission as a sample or model;

- be fit for any specific purpose required of them by the Commission and made known to the Contractor at the time of conclusion of the Contract and accepted by the Contractor;

- be fit for the purposes for which goods/services of the same type are normally used;

- demonstrate the quality and performance which are normal in goods/services of the same type and which the Commission can reasonably expect, given the nature of the goods/services and taking into account any public statements on the specific characteristics of the goods/services made by the Contractor, the producer/service provider or his representative, particularly in advertising or on labelling;

- be packaged according to the usual method for goods/services of the same type or, failing this, in a way designed to preserve and protect them.

Remedy a) The Contractor shall be liable to the Commission for any lack of conformity

which exists at the time the goods/services are verified.

b) In the event of lack of conformity, without prejudice to Article II.4 regarding liquidated damages applicable to the total price of the goods/services concerned, the Commission shall be entitled:

- either to have the goods/services brought into conformity, free of charge, by repair or replacement;

- or to have an appropriate reduction made in the price.

c) Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the Commission, taking account of the nature of the goods/services and the purpose for which they are required by the Commission.

d) The term ‘free of charge’ in paragraph b) refers to the costs incurred to bring the goods/services into conformity, particularly the cost of carriage, labour and materials.

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Assembly If required by Article I.1.2 of the Special Conditions, the Contractor shall assemble the goods delivered within a period of one month unless otherwise specified in the Special Conditions or in the General Terms and Conditions for Information Technologies Contracts.

Any lack of conformity resulting from incorrect installation of the goods delivered shall be deemed to be equivalent to lack of conformity of the goods if installation forms part of the Contract and the goods were installed by the Contractor or under his responsibility. This shall apply equally if the product was to be installed by the Commission and was incorrectly installed owing to a shortcoming in the installation instructions.

Services provided to goods If required by the Contract, services to goods shall be provided accordingly.

II.1.2 General provisions concerning goods a) Packaging

The goods shall be packaged in strong boxes or crates or in any other way that ensures that the contents remain intact and prevents damage or deterioration. Packaging, pallets, etc., including contents, shall not weigh more than 500 kg.

Unless otherwise specified in the Special Conditions, pallets shall be considered as one-way packaging and shall not be returned. Each box shall be clearly labelled with the following information:

− Commission of the European Communities and address for delivery;

− name of Contractor;

− description of contents;

− date of delivery;

− number and date of Specific Contract;

− EC code number of article.

b) Guarantee

The goods shall be guaranteed against all defects in manufacture or materials for two years from the date of delivery, unless provision for a longer period is made in Annex I.

The Contractor shall guarantee that any permits and licences required for manufacturing and selling the goods have been obtained.

The Contractor shall replace at his own expense, within a reasonable time limit to be determined by agreement between the parties, any items which become damaged or defective in the course of normal use during the guarantee period.

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The Contractor is responsible for any conformity defect which exists at the time of delivery, even if this defect does not appear until a later date.

The Contractor is also responsible for any conformity defect which occurs after delivery and is ascribable to non-compliance with his obligations, including failure to provide a guarantee that, for a certain period, goods used for the purposes for which they are normally used or for a specific purpose will preserve their qualities or characteristics as specified.

If part of an item is replaced, the replacement part shall be guaranteed under the same terms and conditions for a further period of the same duration as that specified above.

If a defect is found to originate in a systematic flaw in design, the Contractor must replace or modify all identical parts incorporated in the other goods that are part of the Specific Contract, even though they may not have been the cause of any incident. In this case, the guarantee period shall be extended as stated above.

II.1.3 Performance of the Contract a) The Contractor shall perform the Contract to the highest professional standards. The

Contractor shall have sole responsibility for complying with any legal obligations incumbent on him, notably those resulting from employment, tax and social legislation.

b) The Contractor shall have sole responsibility for taking the necessary steps to obtain

any permit or licence required for performance of the Contract under the laws and regulations in force at the place where the tasks assigned to him are to be executed.

c) Without prejudice to Article II.3 any reference made to the Contractor’s staff in the

Contract shall relate exclusively to individuals involved in the performance of the Contract.

d) The Contractor must ensure that any staff performing the Contract have the

professional qualifications and experience required for the execution of the tasks assigned to him.

e) The Contractor shall neither represent the Commission nor behave in any way that

would give such an impression. The Contractor shall inform third parties that he does not belong to the European public service.

f) The Contractor shall have sole responsibility for the staff who execute the tasks

assigned to him.

The Contractor shall make provision for the following employment or service relationships with his staff:

• staff executing the tasks assigned to the Contractor may not be given orders

direct by the Commission;

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• the Commission may not under any circumstances be considered to be the staff's employer and the said staff shall undertake not to invoke in respect of the Commission any right arising from the contractual relationship between the Commission and the Contractor.

g) In the event of disruption resulting from the action of a member of the Contractor's

staff working on Commission premises or in the event of the expertise of a member of the Contractor's staff failing to correspond to the profile required by the Contract, the Contractor shall replace him without delay. The Commission shall have the right to request the replacement of any such member of staff, stating its reasons for so doing. Replacement staff must have the necessary qualifications and be capable of performing the Contract under the same contractual conditions. The Contractor shall be responsible for any delay in the execution of the tasks assigned to him resulting from the replacement of staff in accordance with this Article.

h) Should any unforeseen event, action or omission directly or indirectly hamper

execution of the tasks, either partially or totally, the Contractor shall immediately and on his own initiative record it and report it to the Commission. The report shall include a description of the problem and an indication of the date on which it started and of the remedial action taken by the Contractor to ensure full compliance with his obligations under the Contract. In such event the Contractor shall give priority to solving the problem rather than determining liability.

i) Should the Contractor fail to perform his obligations under the Contract in

accordance with the provisions laid down therein, the Commission may - without prejudice to its right to terminate the Contract - reduce or recover payments in proportion to the scale of the failure. In addition, the Commission may impose penalties or liquidated damages provided for in Article II.16.

ARTICLE II.2 - LIABILITY II.2.1 The Commission shall not be liable for damage sustained by the Contractor in

performance of the Contract except in the event of wilful misconduct or gross negligence on the part of the Commission.

II.2.2 The Contractor shall be liable for any loss or damage caused by himself in

performance of the Contract, including in the event of subcontracting under Article II.10. The Commission shall not be liable for any act or default on the part of the Contractor in performance of the Contract.

II.2.3 The Contractor shall provide compensation in the event of any action, claim or

proceeding brought against the Commission by a third party as a result of damage caused by the Contractor in performance of the Contract.

II.2.4 In the event of any action brought by a third party against the Commission in

connection with performance of the Contract, the Contractor shall assist the Commission. Expenditure incurred to this end may be borne by the Commission.

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II.2.5 The Contractor shall take out insurance against risks and damage relating to performance of the Contract if required by the relevant applicable legislation. He shall take out supplementary insurance as reasonably required by standard practice in the industry. A copy of all the relevant insurance contracts shall be sent to the Commission should it so request.

ARTICLE II.3 - CONFLICT OF INTERESTS II.3.1 The Contractor shall take all necessary measures in order to prevent any situation

that could compromise the impartial and objective performance of the Contract. Such conflict of interests could arise in particular as a result of economic interest, political or national affinity, family or emotional ties, or any other relevant connection or shared interest. Any conflict of interests which could arise during performance of the Contract must be notified to the Commission in writing without delay. In the event of such conflict, the Contractor shall immediately take all necessary steps to resolve it.

The Commission reserves the right to verify that such measures are adequate and

may require that additional measures be taken, if necessary, within a time limit which it shall set. The Contractor shall ensure that his staff, board and directors are not placed in a situation which could give rise to conflict of interest. Without prejudice to Article II.1 the Contractor shall replace, immediately and without compensation from the Commission, any member of his staff exposed to such a situation.

II.3.2 The Contractor shall abstain from any contact likely to compromise his

independence. II.3.3 The Contractor declares:

- that he has not made, and will not make, any offer of any type whatsoever, from which an advantage can be derived under the Contract,

- that he has not granted and will not grant, has not sought and will not seek, has not

attempted and will not attempt to obtain, and has not accepted and will not accept, any advantage, financial or in kind, to or from any party whatsoever, where such advantage constitutes an illegal practice or involves corruption, either directly or indirectly, inasmuch as it is an incentive or reward relating to the performance of the Contract.

II.3.4 The Contractor shall pass on all the relevant obligations in writing to his staff, board,

and directors as well as to third parties involved in performance of the Contract. A copy of the instructions given and the undertakings made in this respect shall be sent to the Commission should it so request.

ARTICLE II.4 - LIQUIDATED DAMAGES Should the Contractor fail to perform his obligations under the Contract within the time limits set by the Contract, then, without prejudice to the Contractor's actual or potential liability incurred in relation to the Contract or to the Commission's right to terminate the Contract, the

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Commission may decide to impose liquidated damages of 0.2% of the amount of the relevant Specific Contract per calendar day of delay. The Contractor may submit arguments against this decision within thirty days of notification by registered letter with acknowledgment of receipt or equivalent. In the absence of reaction on his part or of written withdrawal by the Commission within thirty days of the receipt of such arguments, the decision imposing the liquidated damages shall become enforceable. These liquidated damages shall not be imposed where there is provision for interest for late completion. The Commission and the Contractor expressly acknowledge and agree that any sums payable under this Article are in the nature of liquidated damages and not penalties, and represent a reasonable estimate of fair compensation for the losses that may be reasonably anticipated from such failure to perform obligations. ARTICLE II.5 – INVOICING AND PAYMENTS II.5.1 Pre-financing: Where required by Article I.5.1, the Contractor shall provide a financial guarantee in the form of a bank guarantee or equivalent supplied by a bank or an authorised financial institution (guarantor) equal to the amount indicated in the same Article to cover pre-financing under the Contract. Such guarantee may be replaced by a joint and several guarantee by a third party.

The guarantor shall pay to the Commission at its request an amount corresponding to payments made by it to the Contractor which have not yet been covered by equivalent work on his part.

The guarantor shall stand as first-call guarantor and shall not require the Commission to have recourse against the principal debtor (the Contractor).

The guarantee shall specify that it enters into force at the latest on the date on which the Contractor receives the pre-financing. The Commission shall release the guarantor from its obligations as soon as the Contractor has demonstrated that any pre-financing has been covered by equivalent work. The guarantee shall be retained until the pre-financing has been deducted from interim payments or payment of the balance to the Contractor. It shall be released the following month. The cost of providing such guarantee shall be borne by the Contractor. II.5.2 Interim payment: At the end of each of the periods indicated in Annex I the Contractor shall submit to the Commission a formal request for payment accompanied by those of the following documents which are provided for in the Special Conditions:

an interim technical report in accordance with the instructions laid down in Annex I; the relevant invoices indicating the reference number of the Contract and of the order

or specific contract to which they refer; statements of reimbursable expenses in accordance with Article II.7.

If the report is a condition for payment, on receipt the Commission shall have the period of time indicated in the Special Conditions in which to:

approve it, with or without comments or reservations, or suspend such period and request additional information; or

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reject it and request a new report.

If the Commission does not react within this period, the report shall be deemed to have been approved. Approval of the report does not imply recognition either of its regularity or of the authenticity, completeness or correctness of the declarations or information enclosed.

Where the Commission requests a new report because the one previously submitted has been rejected, this shall be submitted within the period of time indicated in the Special Conditions. The new report shall likewise be subject to the above provisions. II.5.3 Payment of the balance: Within sixty days of completion of each order or specific contract, the Contractor shall submit to the Commission a formal request for payment accompanied by those of the following documents, which are provided for in the Special Conditions:

a final technical report in accordance with the instructions laid down in Annex I; the relevant invoices indicating the reference number of the Contract and of the order

or specific contract to which they refer; If the report is a condition for payment, on receipt the Commission shall have the period of time indicated in the Special Conditions in which:

to approve it, with or without comments or reservations, or suspend such period and request additional information; or

to reject it and request a new report.

If the Commission does not react within this period, the report shall be deemed to have been approved. Approval of the report does not imply recognition either of its regularity or of the authenticity, completeness or correctness of the declarations and information enclosed.

Where the Commission requests a new report because the one previously submitted has been rejected, this shall be submitted within the period of time indicated in the Special Conditions. The new report shall likewise be subject to the above provisions. ARTICLE II.6 – GENERAL PROVISIONS CONCERNING PAYMENTS II.6.1 Payments shall be deemed to have been made on the date on which the Commission's

account is debited. II.6.2 The payment periods referred to in Article I.5 may be suspended by the Commission

at any time if it informs the Contractor that his payment request is not admissible, either because the amount is not due or because the necessary supporting documents have not been properly produced. In case of doubt on the eligibility of the expenditure indicated in the payment request, the Commission may suspend the time limit for payment for the purpose of further verification, including an on-the-spot check, in order to ascertain, prior to payment, that the expenditure is eligible.

The Commission shall notify the Contractor accordingly by registered letter with acknowledgment of receipt or equivalent. Suspension shall take effect from the date of dispatch of the letter. The remainder of the period referred to in Article I.4 shall begin to run again once the suspension has been lifted.

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II.6.3 In the event of late payment the Contractor may claim interest within two months of receiving the payment. Interest shall be calculated at the rate applied by the European Central Bank to its most recent main refinancing operations (“the reference rate”) plus seven percentage points (“the margin”). The reference rate in force on the first day of the month in which the payment is due shall apply. Such interest rate is published in the C series of the Official Journal of the European Union. Interest shall be payable for the period elapsing from the calendar day following expiry of the time limit for payment up to the day of payment. Suspension of payment by the Commission may not be deemed to constitute late payment.

ARTICLE II.7 –RECOVERY II.7.1 If total payments made exceed the amount actually due under the Specific Contract

or if recovery is justified in accordance with the terms of the Contract, the Contractor shall reimburse the appropriate amount in euro on receipt of the debit note, in the manner and within the time limits set by the Commission.

II.7.2 In the event of failure to pay by the deadline specified in the request for

reimbursement, the sum due shall bear interest at the rate indicated in Article II.6.3. Interest shall be payable from the calendar day following the expiry of the due date up to the calendar day on which the debt is repaid in full.

II.7.3 In the event of failure to pay by the deadline specified in the request for

reimbursement, the Commission may, after informing the Contractor, recover amounts established as certain, of a fixed amount and due by offsetting, in cases where the Contractor also has a claim on the Communities that is certain, of a fixed amount and due. The Commission may also claim against the guarantee, where provided for.

ARTICLE II.8 –TAXATION II.8.1 The Contractor shall have sole responsibility for compliance with the tax laws which

apply to him. Failure to comply shall make the relevant invoices invalid. II.8.2 The Contractor recognises that the Commission is, as a rule, exempt from all taxes

and duties, including value added tax (VAT), pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities.

II.8.3 The Contractor shall accordingly complete the necessary formalities with the

relevant authorities to ensure that the goods and services required for performance of the Contract are exempt from taxes and duties, including VAT.

II.8.4 Invoices presented by the Contractor shall indicate his place of taxation for VAT

purposes and shall specify separately the amounts not including VAT and the amounts including VAT.

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ARTICLE II.9– FORCE MAJEURE AFFECTING THE CONTRACT OR THE SPECIFIC CONTRACT(S) II.9.1 Force majeure shall mean any unforeseeable and exceptional situation or event

beyond the control of the contracting parties which prevents either of them from performing any of their obligations under the Contract, was not due to error or negligence on their part or on the part of a subcontractor and could not have been avoided by the exercise of due diligence. Defects in equipment or material or delays in making it available, labour disputes, strikes or financial problems cannot be invoked as force majeure unless they stem directly from a relevant case of force majeure.

II.9.2 Without prejudice to the provisions of Article II.1.3(h), if either contracting party is

faced with force majeure, it shall notify the other party without delay by registered letter with acknowledgment of receipt or equivalent, stating the nature, likely duration and foreseeable effects.

II.9.3 Neither contracting party shall be held in breach of its contractual obligations if it has

been prevented from performing them by force majeure. Where the Contractor is unable to perform his contractual obligations owing to force majeure, he shall have the right to remuneration for the goods actually delivered and any service provided.

II.9.4 The contracting parties shall take the necessary measures to reduce damage to a

minimum. ARTICLE II.10 – SUBCONTRACTING II.10.1 The Contractor shall not subcontract without prior written authorisation from the

Commission nor cause the Contract to be performed in fact by third parties. II.10.2 Even where the Commission authorises the Contractor to subcontract to third parties,

he shall none the less remain bound by his obligations to the Commission under the Contract and shall bear exclusive liability for proper performance of the Contract.

II.10.3 The Contractor shall make sure that the subcontract does not affect rights and

guarantees to which the Commission is entitled by virtue of the Contract, notably Article II.14.

ARTICLE II.11 – ASSIGNMENT II.11.1 The Contractor shall not assign the rights and obligations arising from the Contract,

in whole or in part, without prior written authorisation from the Commission. II.11.2 In the absence of the authorisation referred to in 1 above, or in the event of failure to

observe the terms thereof, assignment by the Contractor shall not be enforceable against and shall have no effect on the Commission.

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ARTICLE II.12 – TERMINATION BY THE COMMISSION II.12.1 The Commission may terminate the Contract, a pending Specific Contract or an order

in the following circumstances: (a) where the Contractor is being wound up, is having his affairs administered by the

courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

(b) where the Contractor has been convicted of an offence concerning his professional

conduct by a judgment which has the force of res judicata; (c) where the Contractor has been guilty of grave professional misconduct proven by

any means which the Commission can justify; (d) where the Contractor has 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 he is established or with those of the country applicable to the Contract or those of the country where the Contract is to be performed;

(e) where the Commission seriously suspects the Contractor of fraud, corruption,

involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;

(f) where the Contractor is in breach of his obligations under Article II.3; (g) where the Contractor was guilty of misrepresentation in supplying the information

required by the Commission as a condition of participation in the Contract procedure or failed to supply this information;

(h) where a change in the Contractor’s legal, financial, technical or organisational

situation could, in the Commission’s opinion, have a significant effect on the performance of the Contract;

(i) where execution of the tasks under a pending order or a specific contract has not

actually commenced within fifteen days of the date provided for, and the new date proposed, if any, is considered unacceptable by the Commission;

(j) where the Contractor is unable, through his own fault, to obtain any permit or licence

required for performance of the Contract; (k) where the Contractor, after receiving formal notice in writing to comply, specifying

the nature of the alleged failure, and after being given the opportunity to remedy the failure within a reasonable period following receipt of the formal notice, remains in serious breach of his contractual obligations.

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II.12.2 In the event of force majeure, notified in accordance with Article II.9, either

contracting party may terminate the Contract, where performance thereof cannot be ensured for a quantity of goods corresponding to at least one fifth of the quantity of goods ordered or where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.

II.12.3 Prior to termination under point e), h) or k), the Contractor shall be given the opportunity to submit his observations.

Termination shall take effect on the date on which a registered letter with acknowledgment of receipt terminating the Contract is received by the Contractor, or on any other date indicated in the letter of termination.

II.12.4 Consequences of termination:

In the event of the Commission terminating the Contract in accordance with this Article and without prejudice to any other measures provided for in the Contract, the Contractor shall waive any claim for consequential damages, including any loss of anticipated profits for uncompleted work. On receipt of the letter terminating the Contract, the Contractor shall take all appropriate measures to minimise costs, prevent damage, and cancel or reduce his commitments. He shall draw up the documents required by the Special Conditions for the goods supplied and / or services rendered up to the date on which termination takes effect, within a period not exceeding sixty days from that date.

The Commission may claim compensation for any damage suffered and recover any sums paid to the Contractor under the Contract.

On termination the Commission may engage any other contractor to supply the goods and/ or to execute or complete the services. The Commission shall be entitled to claim from the Contractor all extra costs incurred in doing so, without prejudice to any other rights or guarantees it has under the Contract.

ARTICLE II.13 - CANCELLATION OF SPECIFIC CONTRACTS Where execution of the Specific Contract has not actually commenced within fifteen days of the date foreseen for the commencement of execution and the new date proposed, if any, is considered unacceptable by the Commission, the Commission may cancel such Specific Contract with no prior notice. Cancellation shall take effect from the day after the day on which the Contractor receives a registered letter with acknowledgment of receipt or equivalent. The Commission may cancel a Specific Contract at any time during execution thereof on the grounds and under the conditions set out in Article II.12 with respect to the part still outstanding. The Contractor shall accept, as the aggregate liability of the Commission, payment of the price of the goods delivered or services provided by him as at the effective date of cancellation.

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ARTICLE II.14 – CHECKS AND AUDITS II.14.1 Pursuant to Article 142 of the Financial Regulation applicable to the general budget

of the European Communities, the European Court of Auditors is empowered to audit the documents held by the natural or legal persons receiving payments from the budget of the European Communities from signature of the Contract up to five years after payment of the balance of the last Specific Contract.

II.14.2 The Commission or an outside body of its choice shall have the same rights as the

European Court of Auditors for the purpose of checks and audits limited to compliance with contractual obligations from signature of the Contract up to five years after payment of the balance of the last Specific Contract.

II.14.3 In addition, the European Anti-Fraud Office may carry out on-the-spot checks and

inspections in accordance with Council Regulation (Euratom, EC) No 2185/96 and Parliament and Council Regulation (EC) No 1073/1999 from signature of the Contract up to five years after payment of the balance of the last Specific Contract.

ARTICLE II.15 - AMENDMENTS Any amendment to the Contract shall be the subject of a written agreement concluded by the contracting parties. An oral agreement shall not be binding on the contracting parties. A Specific Contract shall not be deemed to constitute an amendment to the Contract. ARTICLE II.16 – CONFIDENTIALITY II.16.1 The Contractor undertakes to treat in the strictest confidence and not make use of or

divulge to third parties any information or documents which are linked to performance of the Contract. The Contractor shall continue to be bound by this undertaking after execution of the Specific Contracts.

II.16.2 The Contractor shall obtain from each member of his staff, board and directors an

undertaking that they will respect the confidentiality of any information which is linked, directly or indirectly, to execution of the tasks and that they will not divulge to third parties or use for their own benefit or that of any third party any document or information not available publicly, even after execution of the Specific Contracts.

ARTICLE II. 17 – OWNERSHIP OF THE RESULTS - INTELLECTUAL AND INDUSTRIAL PROPERTY Any results or rights thereon, including copyright and other intellectual or industrial property rights, obtained in performance of the Contract, shall be owned solely by the Commission, which may use, publish, assign or transfer them as it sees fit, without geographical or other limitation, except where industrial or intellectual property rights exist prior to the Contract being entered into.

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ARTICLE II.18 - USE, DISTRIBUTION AND PUBLICATION OF INFORMATION II.18.1 The Contractor shall authorise the Commission to process, use, distribute and

publish, for whatever purpose, by whatever means and on whatever medium, any data contained in or relating to the Contract, in particular the identity of the Contractor, the subject matter, the duration, the amount paid and the reports. Where personal data is concerned, Article I.8 shall apply.

II.18.2 Unless otherwise provided by the Special Conditions, the Commission shall not be

required to distribute or publish documents or information supplied in performance of the Contract. If it decides not to publish the documents or information supplied, the Contractor may not have them distributed or published elsewhere without prior written authorisation from the Commission.

II.18.3 Any distribution or publication of information relating to the Contract by the

Contractor shall require prior written authorisation from the Commission and shall mention the amount paid by the Community. It shall state that the opinions expressed are those of the Contractor only and do not represent the Commission's official position.

II.18.4 The use of information obtained by the Contractor in the course of the Contract for

purposes other than its performance shall be forbidden, unless the Commission has specifically given prior written authorisation to the contrary.

ARTICLE II.19 – SUSPENSION OF THE CONTRACT Without prejudice to the Commission's right to terminate the Contract, the Commission may at any time and for any reason suspend performance of the Contract or pending Specific Contracts or any part thereof. Suspension shall take effect on the day the Contractor receives notification by registered letter with acknowledgment of receipt or equivalent, or at a later date where the notification so provides. The Commission may at any time following suspension give notice to the Contractor to resume performance of the Contract or pending Specific Contracts. The Contractor shall not be entitled to claim compensation on account of suspension of the Contract, the specific contracts, the orders or of part thereof. SIGNATURES

For the Contractor,

[Company name/forename/surname/function]

signature[s]: _______________________

For the Commission,

[forename/surname/function]

signature[s]:_____________________

Done at [Brussels], [date] Done at [Brussels], [date]

In duplicate in English.

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Annex III.7.a – List of Services covered by the Contract and schedule of prices

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Annex III.7.b – Power of Attorney

Agreement / Power of Attorney

Model 1

(DESIGNATING ONE OF THE COMPANIES OF THE GROUP AS LEADER AND GIVING A MANDATE TO IT)

We the undersigned: – Signatory 1 (Name, Function, Company, Registered address, VAT Number), – Signatory 2 (Name, Function, Company, Registered address, VAT Number), – … – Signatory N (Name, Function, Company, Registered address, VAT Number), Each of them having the legal capacity required to act on behalf of his/her company, HEREBY AGREE AS FOLLOWS: (1) The European Commission has awarded Framework Contract …

(« the Contract ») to Company 1, Company 2, …, Company N (« the Group Members »), based on the joint offer submitted by them on …/…/… for the supply of … and / or the provision of services for … (« the Supplies and/or the Services »).

(2) As co-signatories of the Contract, all the Group Members:

(a) Shall be jointly and severally liable towards the European Commission for the performance of the Contract.

(b) Shall comply with the terms and conditions of the Contract and ensure the

proper execution of their respective share of the Supplies and / or the Services.

(3) To this effect, the Group Members designate Company X as Group Leader. [N.B.: The Group Leader has to be one of the Group Members]

(4) Payments by the European Commission related to the Supplies or the Services shall be

made through the Group Leader’s bank account. [Provide details on bank, address, account number, etc.]

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(5) The Group Members grant to the Group Leader all the necessary powers to act on their behalf in connection with the Supplies and/or the Services. This mandate involves in particular the following tasks:

(a) The Group Leader shall sign any contractual documents — including the

Framework Contract, Specific Agreements and Amendments thereto — and issue any invoices related to the Supplies or the Services on behalf of the Group Members.

(b) The Group Leader shall act as single point of contact for the European

Commission in connection with the Supplies and/or the Services to be provided under the Contract. It shall co-ordinate the provision of the Supplies and/or the Services by the Group Members to the European Commission, and shall see to a proper administration of the Contract.

Any modification to the present agreement / power of attorney shall be subject to the European Commission’s express approval. This agreement / power of attorney shall expire when all the contractual obligations of the Group Members towards the European Commission in connection with the Supplies and/or the Services to be provided under the Contract have ceased to exist. The parties cannot terminate it before that date without the Commission’s consent. Signed in … on …/…/… Name Function Company

Name Function Company

Name Function Company

Name Function Company

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Annex III.7.c – Identification form and Legal entities

The bank identification form must be filled in and signed by an authorised representative of the tenderer and his/her banker. A specific form for each Member State is available at the following Internet address: http://ec.europa.eu/budget/execution/ftiers_en.htm In the case of a grouping, this form must only be provided by the person heading the project. Legal entities The legal entity form must be filled in and should be accompanied by a number of supporting documents, available on the Web site: http://ec.europa.eu/budget/execution/legal_entities_en.htm In the case of a grouping, this form must only be provided by the person heading the project.

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Annex III.7.d – Tender Specifications (Invitation to Tender No [complete] of [complete]) – Original archived at the Commission’s premises

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Annex III.7.e – Contractor's Tender (No [complete] of [complete]) – Original archived at the Commission’s premises

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Annex III.7.f: – Specific Contracts and Order forms – Models

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Annex III.7.g – Financial guarantee – Model

To be completed on paper bearing the letterhead of the financial institution

For the attention of European Commission Directorate-General "Justice, Freedom and Security" Directorate "General Affairs" Unit "Information and Communication" LX 46 7/81 B – 1049 Brussels referred to below as the "the Commission"

Subject: Guarantee No …

Financial guarantee for the repayment of pre-financing payable under Specific Contract [Contract number and title] governed by Framework Contract [Contract number and title + Lot number and title] [please quote numbers and titles in all correspondence]

We, the undersigned, [name and address of the financial institution∗] hereby irrevocably declare that we unconditionally guarantee as a primary obligor and first-call guarantor on behalf of [name and address of the Contractor] hereinafter referred to as “the Contractor”, payment to the Commission of [amount of the pre-financing in euros in numbers and letters], this amount representing the guarantee referred to in Article I.5.4 of Framework Contract No [Contract number and title + Lot number and title] concluded between the Contractor and the Commission, hereinafter referred to as “the Contract”. Payment shall be made without objection or legal proceedings of any kind, upon receipt of your first written claim (sent by registered letter with confirmation of receipt) stating that the Contractor has not fulfilled one of his contractual obligations. We shall not delay the payment, nor shall we oppose it for any reason whatsoever. We shall inform you in writing as soon as payment has been made.

∗ If the guarantor is not a financial institution the text of the guarantee has to be adapted introducing joint and

several liability.

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We accept notably that no amendment to the terms of the Contract agreed between the Commission and the Contractor can release us from our obligation under this guarantee. We waive our right to be informed of any change, addition or amendment to the Contract. We have taken note that this financial guarantee shall remain in force until payments by the Commission match the proportion of the total amount due accounted for by pre-financing. The Commission undertakes to release the guarantee within 30 days following that date. This guarantee is governed by the law applicable to the Framework Contract. The courts having jurisdiction for matters relating to the Framework Contract shall have sole jurisdiction in respect of matters relating to this guarantee. This guarantee shall come into force and shall take effect upon its signature. …………………….. ………………………… (Date a place of signing) (Signature)51

51 The name(s) and position(s) of the persons signing on behalf of the guarantor must be shown in printed

characters.

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Annex III.7.h – Performance Guarantee – Model

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Annex III.7.i – Service Level Agreement

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Annex III.7.j – Daily travel and subsistence allowance for the Contractor

See annex II.3.d to Lot 1 (p. 93).

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Annex III.7.k III – General Terms and Conditions for Information Technologies Contracts

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ANNEX IV: ANNEXES SPECIFIC TO LOT 3

Annex IV.1: Lot 3 case studies 282 Annex IV.2: Lot 3 price schedules 295 Annex IV.3: Draft framework contract for Lot 3 and annexes 318 Annex IV.3a: Specification 341

Annex IV.3b: Contractor's tender (including completed price schedule) 342

Annex IV.3c: Specific contract - model 343

Annex IV.3d: Contractor's travel and subsistence expenses 347

Annex IV.3e: Financial guarantee 348

Annex IV.3f: Power of attorney 350

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ANNEX IV.1

Lot 3 case studies

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Lot 3 “Audiovisual material, events, communication campaigns”

Audiovisual material

Case study 1 (Making a video news release and securing media coverage)

Describe the methodology proposed for making a video news release (VNR) illustrating the steps taken by the European Union, in particular through the Daphne programme, to combat violence against women and/or children, and for securing media coverage. The main objective is to produce a VNR version which can be used in full or in part by European television networks which may be interested in the subject and by EBS52. There will also be a version for the general public that will be available in the 23 official languages and intended for distribution by the Commission to the relevant target groups in the 27 Member States. The following points should be taken into account: • Maximum length of the VNR: 12 minutes. • The tenderer will write the scenario based on information he has gathered himself. • The tenderer himself will select the interviewees. • The tenderer will make his own choice of settings and interviews. • Interviewees will be interviewed in their own language. • Commentary/narration in voice-over (original in any official language of the European

Union). • Three versions must be produced: one in English, one in French and one in German. • An international version must be produced (original version without dubbing). • Three digital Beta masters must be produced: one for the FR + international version, one

for the EN + international version and one for the DE + international version. • Production of the script, the dubsheet (description of the cassettes) and the press release. • The script, dubsheet and press release must be made available in FR, EN and DE. • Media coverage for the VNR to be secured with all the television networks in the 27

Member States. • Estimated result: 100 orders, including 50 BETA SP in FR, 25 DVC Pro in EN and 25 DV

CAM in DE. • Copy of the digital Beta masters on 50 BETA SP (FR), 25 DVC Pro (EN) and 25 DV

CAM (DE). • Dispatch of the 100 copies by express courier. • Production of a version for the general public (with opening and closing credits and an

indication of the names and positions of interviewees and the places where interviews were held, etc.) in 23 official languages.

• Production of a digital Beta master for each language version of the version for the general public.

• Production of a DVD based on these masters and containing 1 000 copies of the 23 language versions, with a colour label to be inserted in "Diva Boxes".

52 For information about EBS, go to http://ec.europa.eu/avservices/ebs/welcome_en.cfm.

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• Delivery of the masters and the DVDs to the Commission in Brussels. • For the masters of the version for the general public, production of a web version that can

be used directly on the DG JLS website.

Tenderers must: • indicate in detail the methods they will use to make and produce the video; • indicate in detail the methods they will use to secure media coverage; • draw up a detailed proposal for the content of the video (specific subjects to be covered,

people to be interviewed, filming locations, draft scenario, etc.); • submit a detailed budget of the operation53. Summary of scoring: • relevance of the methodology proposed for shooting and producing the video (35 points); • relevance of the methodology proposed for securing media coverage for the video (35

points); • relevance of the proposed content of the video (30 points). Tenderers should consult in particular the "Daphne" section of the DG JLS website: http://ec.europa.eu/justice_home/funding/2004_2007/daphne/funding_daphne_en.htm.

53 Prices must include delivery of the products to the Commission in Brussels. Accordingly, this delivery does

not have to be invoiced separately.

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Events

Case study 2 (Organising a conference) Describe the methodology proposed for the organisation of a conference on the radicalisation of violence, to be held in Ljubljana during the Slovenian Presidency in the first half of 2008. The following elements should be taken into account: • Dates and times of the conference: Wednesday 6 February 2008 from 9.00 to 12.30 and

from 14.00 to 17.00. • Arrival in the evening of Tuesday 5 February 2008 and departure on the morning of

Thursday 7 February 2008 (two nights, two breakfasts, two evening meals, a buffet lunch, two coffee breaks).

• Accommodation in a 4-star hotel. • Evening meal in a high-class restaurant. • Buffet lunch and coffee breaks at the conference venue. • The languages spoken at the conference will be French, English and German, with

interpretation into and out of these three languages. • The contractor will identify participants (target groups). • The contractor will be required to contact potential participants and deal with enrolments

(registration, confirmation, etc.). • There will be 189 participants (seven from each EU capital). • In addition to the 189 participants, there will be four experts in the field who will address

the conference. They will come from London, Paris, Madrid and Rome. The Commission will identify and contact the speakers itself regarding their participation in principle. They will then be contacted regarding the technical aspects of their travel arrangements by the contractor, who will organise their travel and accommodation in the same way as for the other participants.

• The contractor will be required to organise transport for participants and speakers from each national capital to Ljubljana, as well as accommodation and meals in Ljubljana.

• An estimate of the travel and subsistence expenses of the 189 participants and the four speakers must be included in the budget54. These expenses will be met by the Commission.

• The contractor will be responsible for booking and purchasing air tickets for the participants and for having the tickets delivered to them by express courier.

• The contractor will be responsible for booking and paying for the participants’ and speakers’ hotel rooms.

• The contractor will be responsible for making reservations and related payments for all the meals.

• As regards the Commission employees attending the conference, the contractor will not intervene in any way in booking or purchasing the air tickets, reserving or paying for hotel rooms, or meeting catering costs.

• The contractor must produce a full transcription, i.e. verbatim, of what is said by the participants and speakers during the conference. He must provide the Commission with a full transcription in French, English and German no later than six weeks after the

54 This should not include travel and hotel expenses for the seven participants coming from Ljubljana but

should include the cost of their meals.

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conference. Once it has been approved, a copy of the transcription will be sent to each expert speaker and participant in French, English or German according to their preference.

• The conference will be held in a room large enough for 200 people, with a reception area, a small additional room reserved for the organisers, and a relaxation area for coffee breaks.

• The minimum equipment for the conference room is: a full sound system, a rostrum with four microphones, two wireless microphones, three interpreting booths, 200 headsets, a PC with Powerpoint and Internet connection, high-speed Internet access, high-resolution video projector, overhead projector, flipchart, large screen (+/- 3.50 x 2.50 m), decorative items (flags, flowers, plants, etc.) and four name cards, one for each speaker.

• The equipment needed for the organisers' room, reception area and relaxation area is to be specified by the contractor.

• The contractor must design, print and send, by e-mail and express courier, to each participant and speaker a programme and a letter of invitation in English.

• The programme will be distributed again at the start of the conference. • The contractor must design and print a folder to contain the documents to be distributed to

the participants and speakers. • The contractor must print a list of participants and speakers to be given to each participant

and speaker, together with a 30-page basic document in black and white which it will receive from the Commission.

• Each participant and speaker must receive: a coloured badge, a standard conference kit55 and a folder containing the list of participants and speakers, the programme, the basic document and an evaluation form (see below).

• The contractor must ensure that a technician is present for the entire duration of the conference.

• The contractor must ensure that four receptionists covering between them Slovenian, English, French and German are present for the entire duration of the conference.

• The contractor must ensure that two of his representatives are present from the morning of 5 February until the afternoon of 7 February.

• The contractor must design and produce an evaluation form in English and distribute it to each participant and speaker. He will collate and analyse the answers and write a report which will be included with his final report.

Tenderers must: • describe in detail the methodology they will use for organising the conference; • submit a detailed and concrete proposal covering all aspects of the organisation of this

conference; • submit a detailed budget. Summary of scoring: • relevance of the methodology proposed for organising the conference (50 points); • quality of the "virtual" organisation of the conference (50 points). Tenderers should consult in particular the "Terrorism" section of the DG JLS website: http://ec.europa.eu/justice_home/fsj/terrorism/fsj_terrorism_intro_en.htm.

55 Fabric document case, plastic pen and fabric conference folder including an A4 writing pad.

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Case study 3 (Organising an exhibition in the 27 EU capitals)

Describe the methodology proposed for the organisation of a travelling exhibition in the 27 EU capitals on the topic "Citizenship and fundamental rights". This action is aimed at the general public. The following elements should be taken into account: • Beginning of the operation: Monday 21 January 2008 at the earliest. End of the operation:

Sunday 14 December 2008 at the latest. • The exhibition will stay for seven successive days in each of the EU 27 capitals (one day

for setting up, five days for the exhibition and one day for dismantling). • The exhibition will be set up in a covered public area. • For each country, the Commission will provide the contractor with 12 A1-format posters in

the national language(s). • The exhibition will consist of a series of panels on which the posters in the national

language(s) will be displayed. The contractor will be responsible for hiring or purchasing the panels and for all the setting up.

• The contractor will be required to transport one tonne of information material from Brussels to each capital. This material (brochures, posters, booklets, etc.) will be provided by the Commission in the national language(s) for distribution to the public during the exhibition.

• The contractor will also be responsible for ordering, transporting and distributing two inscribed gadgets per language: pens and lanyards. The contractor must estimate the number of pens and lanyards he will need for each country and language.

• The various items of information and promotional material will be handed out to the public in paper bags printed in the appropriate language. The contractor will be responsible for ordering and transporting this material. He must estimate the number of bags he will need for each country and language.

• The information products and promotional material must be put in the bags by the contractor before the exhibition begins.

• The contractor must ensure that two of his representatives are present before and during the conference and the day after.

• The contractor must ensure that three support staff are permanently present at the exhibition.

• The support staff must receive training on the content and operation of the exhibition before it starts.

• These persons will wear t-shirts, sweatshirts and jackets with inscriptions in the appropriate language. The contractor will be responsible for ordering and transporting this product. He must estimate the number of items of clothing he will need for each country and language.

• To increase public interest in the exhibition, the contractor should organise one or more interesting and entertaining activities at regular intervals during the day. The tenderer is requested to devise one or more activities of this type and include them in his budget.

• The contractor will provide all the elements needed for the exhibition: tables, chairs, 2 reception desks, 1 banner for identification, 2 computers, 1 large screen, a projection system, mobile phones for the support staff, etc.

• The contractor must keep the exhibition safe overnight by storing items and arranging security.

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• In each capital, the contractor will organise a press conference on the day the exhibition opens.

• The contractor will be responsible for taking photographs and video footage of the exhibition. There must be photographs and footage of the press conference and then the exhibition "in action".

Tenderers must: • describe in detail the methodology they will use to organise the travelling exhibition; • submit a detailed and concrete proposal covering all the practical aspects of the

organisation of the exhibition in Bucharest, without the press conference; • submit a detailed and concrete proposal covering all the practical aspects of the

organisation of the exhibition in Bucharest; • submit a detailed budget. Summary of scoring: • relevance of the methodology proposed for organising the travelling exhibition (40 points); • quality of the "virtual" organisation of the exhibition in Bucharest, without the press

conference (35 points); • quality of the "virtual" organisation of the press conference in Bucharest (25 points). Tenderers should consult in particular the “Fundamental rights” section of the DG JLS website: http://ec.europa.eu/justice_home/fsj/rights/fsj_rights_intro_en.htm.

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Case study 4 (Organising a competition in the 27 EU capitals) Describe the methodology proposed for organising a competition aimed at 12-18 year-olds in the 27 EU Member States and entitled "The European Union and freedom of expression and information" (Article 11 of the Charter of Fundamental Rights of the European Union). The work will entail organising the competition and the national and European award ceremonies. The following elements should be taken into account:

• The entrants must form groups to produce a poster illustrating the theme of freedom of

expression and information. • Each group will consist of at least four young people, accompanied by one adult. • The entrants will be divided into two age groups: 12-14 years and 15-18 years. • The exercise will start on Friday 1 August 2008 and finish on Monday 15 December 2008. National partners The contractor will have to use a network of national partners, one in each Member State. The partners will have to perform the following tasks:

• immediately after the signature of the contract, organise a meeting with representatives of

the Commission Representation and the Ministries of Education, Justice and European Affairs to introduce themselves and give them detailed information about the initiative and the strategy to be put in place;

• liaise with the Representation and the above-mentioned Ministries from the beginning of the project to the end;

• identify the country's main educational networks, teachers' associations, parents' associations, youth organisations, etc., get in contact with them and encourage them to take an active role in promoting the competition;

• promote the competition directly to secondary schools and youth clubs, by sending them faxes or e-mails and/or phoning them;

• distribute promotional posters to the above-mentioned associations, networks, organisations, etc., as well as to a selection of secondary schools and youth clubs;

• act as a contact and coordination point for the teams that have registered and contact them regularly to encourage them actually to participate in the competition;

• act as a contact and coordination point for the participating teams, in particular for taking delivery of their posters;

• report regularly to the contractor on the state of progress and notify it immediately if any problem arises;

• organise the meeting of the national jury; • organise the national award ceremony; • in the case of six of them, accompany the winning team to Brussels (1 person per winning

team).

The tenderer must include in his bid a list of the national partners that he intends to use to satisfy any such request by the European Commission. The list must be accompanied by a prior undertaking by each of the potential partners to cooperate with the tenderer if the European Commission decides to launch the project and the specific contract is signed.

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Promotion

Given that each partner will be responsible for directly promoting the competition in a number of secondary schools and youth clubs, the tenderer must describe exactly how his partners will do this and must estimate the number of secondary schools and youth clubs which each partner should contact in each country.

For your information, here are three examples of what was done to promote the European Union's competition on the rights of the child in 2006. In the Czech Republic 5 670 e-mails were sent to secondary schools and youth clubs and 550 phone calls were made; in Poland 4 000 e-mails were sent and 2 000 telephone calls were made, and in Italy 5 200 e-mails were sent and 2 600 telephone calls were made.

Website

The contractor will have to design, create and manage a website devoted to the competition in 23 languages. To get an idea of what we expect for the website and the documents it must contain, please look at the EN version of the website which was created for the 2006 competition by logging on to: http://ec.europa.eu/justice_home/news/information_dossiers/euroyoung/index_en.htm. The website will have to follow the Commission's Information Providers Guide (IPG) (http://ec.europa.eu/ipg/index_en.htm), except for rule 4, which will apply only once the site is integrated into the Europa domain. For rule 5, we request the use of Coldfusion or JSP (Java Server Pages) as server side scripting language and Oracle as RDBMS (Relational Data Base Management System). The contractor will have to buy the necessary 23 domain names (one per language) in ".eu", which will become property of the Commission. The tenderer must explain in detail how he intends to create the website. In principle, there will be 10 headings with:

• 20 pages supplied by the Commission in FR or EN, to be translated into the 22 other

languages and uploaded; • 1 promotional poster supplied by the Commission on DVD in postScript format in 23

languages, to be uploaded; • 36 pages to write, translate and upload (see below); • 54 winning posters to upload.

The contractor will be responsible for hosting and managing the website until the end of March 2009. Teaching packs for teachers and quiz for participants The contractor will have to create, translate and upload the documents to assist participants and their teachers, i.e. two teaching packs (one per age group) and two quizzes (one per age group). We suggest that you look at the teaching packs and quizzes created for the 2006 competition, which can be found at: http://ec.europa.eu/justice_home/news/information_dossiers/euroyoung/index_en.htm.

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The tenderer must describe in detail how he intends to create these teaching packs and quizzes. We expect each teaching pack to be about 8 pages long and each quiz about 10 pages (25 to 30 questions/answers/explanations). Promotional poster As well as uploading the promotional poster in 23 languages on the website, the contractor will have to arrange for each of his partners to distribute copies to the organisations considered relevant. So, as soon as the poster has been printed in all of the languages, the Commission will send a supply of them to each of the contractor's partners for distribution to the associations, networks, organisations, schools and youth clubs that have been selected. In principle, the European Commission will send each partner 400 copies of the poster in the official language(s) of the country concerned.

The tenderer must describe how his partners will distribute the posters. Meeting of the national juries

The meetings of the national juries will be held at the Commission's Representation in their respective capital cities and will last a full day. Each of the contractor's national partners will be responsible for all the logistics and will arrange for the inclusion among the judges of a representative of the Commission's Representation, a representative of one of the Ministries mentioned earlier, a teacher, a communications expert, a graphic designer and a young person who is a member of a youth organisation.

The tenderer must describe in detail how he intends to prepare for and organise the meetings of the national juries. National award ceremonies The national award ceremonies will take place on Thursday 20 November 2008, the International Day of Children's Rights, at the Commission's Representation in each capital city. They will start in the late morning and last approximately two hours, so that teams coming from remote parts of the country have enough time to travel to and from the venue on the same day. The three winning teams in each age group in each Member State will be invited: four young people + one adult (teacher or parent) per team, i.e. a total of 5 people x 6 teams = 30 people. In each Member State the role of the contractor, assisted by its national partner, will be to coordinate and organise the transport of the six winning teams by coach, train or aeroplane, depending on where they are coming from; to prepare and organise the ceremony itself in close cooperation with the Commission's Representation; to promote the event to the national media, also in close cooperation with the Representation. On the day after the ceremony, the two winning posters from each country will be sent to the Commission by express courier, together with a copy of the entry and participation forms and a translation of the forms in EN or FR. If the posters contain any text, this must also be translated into EN or FR.

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The tenderer must explain in detail how he intends to prepare for and organise the national award ceremonies. The budget should be all-inclusive and take into account all the foreseeable elements, such as: the estimated cost of transport for the teams between their home town and the capital city, the invitations to the press, the medals for the winners, the cocktail lunch at the end of the ceremony, snacks and drinks for the teams upon arrival and before departure (taking into account special dietary requirements), a bus tour of the capital (or similar activity) before or after the ceremony to keep the participants busy (absolutely necessary), sending the winning posters to the Commission, etc. European award ceremony This will take place in Brussels on Monday 15 December 2008 in a Commission building and will be presided over by the Vice-President of the European Commission.

The six winning teams at European level, each accompanied by a teacher or parent and a representative of the national partner (to help with language problems), making a total of six people per team, will arrive in Brussels on Saturday 13 December 2008 and leave again on Monday 15 December 2008, in the late afternoon. The budget should be all-inclusive and take into account all the foreseeable elements, such as: the estimated cost of transport for the teams between their home town and Brussels, two nights' accommodation in Brussels, the activities on Saturday afternoon and Sunday, the food and drink served during this period (taking into account any special dietary requirements), the organisation of the ceremony itself, transport within Brussels, etc. The tenderer's attention is drawn to the following constraints applying to the stay in Brussels: • different activities must be organised for the two age groups; • each age group must be accompanied by a nurse at all times; • all of the 36 participants must be asked about their dietary requirements (on medical,

religious, ideological or other grounds); • participants must be accommodated in a hotel. Youth hostels and the like are not to be

used. The tenderer's attention is drawn to the following constraints applying to the European ceremony: • the ceremony will be held in a Commission building and interpretation will be provided

and does not have to be included in the tender; • each of the 30 young people and teachers must receive a trophy; • a master of ceremonies, a photographer and three hostesses must be provided; • the cocktail lunch will be provided by the Commission and does not have to be included in

the tender.

The tenderer must explain in detail how he intends to prepare for and organise the European award ceremony. The budget conditions are the same as for the national ceremonies.

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Approximate timetable

End of February DG JLS sends a request for a proposal to the contractor with a view to concluding a specific contract for organising the competition "The European Union and freedom of expression and information".

End of March DG JLS signs the specific contract for organising the competition.

End of March - end of July The contractor drafts, translates and uploads all the necessary documents, thus creating the website.

End of July The competition is officially launched by Vice-President Frattini via a press release. The website goes online.

Early August The contractor and his national partners start the promotional campaign in those countries where schools reopen in August.

Early September The contractor and his national partners start the promotional campaign in those countries where schools reopen in September.

End of September Deadline for teams to register (this deadline will probably be extended).

Mid-October Deadline for participants to deliver their posters. End of October Meeting of the national juries. 20 November International Day of Children's Rights

National award ceremonies take place.

21 November The 54 winning posters at national level are sent to DG JLS by express courier.

Early December Meeting of the European jury. Mid-December The winning teams at European level visit Brussels and

participate in activities. Mid-December Teams attend EU award ceremony presided over by Vice-

President Frattini. Teams visit the Berlaymont and the European quarter. Teams return home.

End of March the following year Contractor ceases to host and manage the website devoted to this competition.

Tenderers must: • describe in detail the methodology they will use to organise the competition; • submit a detailed and concrete proposal covering all aspects of the organisation of the

competition in Slovakia; • produce a detailed and concrete proposal covering the organisation of the national award

ceremony in Bratislava, from transporting the participants to the city up to when they return home;

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• produce a detailed and concrete proposal covering the organisation of the European award ceremony in Brussels, from transporting the participants to the city up to when they return home;

• submit a detailed budget.

Summary of scoring: • relevance of the methodology proposed for organising the competition (35 points); • quality of the “virtual” organisation of the competition in Slovakia, excluding the national

award ceremony (25 points); • quality of the “virtual” organisation of the national award ceremony in Bratislava,

including transport (20 points); • quality of the “virtual” organisation of the European award ceremony in Brussels,

including transport (20 points); 8.

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ANNEX IV.2:

Lot 3 price schedules

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Lot 3 "Audiovisual material, events, communication campaigns"

Price schedules

Important remarks Since the specific agreements will be concluded on the basis of the price schedules, these schedules, duly completed, dated and signed, must be attached to the tender. The tenderer must complete the entire price schedule for the services and materials in question. Prices will be indicated in euros, excluding VAT. Only one amount should be indicated per unit. The rates quoted in the price schedules will be flat-rate amounts covering all general expenses and the expenses associated with provision of the services, including third-party liability insurance and all compulsory insurance but excluding the contractor's travel and subsistence expenses, which, where appropriate, will be reimbursed according to the rules on the reimbursement of expenses ("Article II.7 – Reimbursements" in the standard Service Contract) and according to the list of daily allowances ("Annex IV - Travel and subsistence expenses" in the standard Service Contract). In the case of the travel expenses of the participants/guests attending an activity (meeting, conference, etc.), the contractor must, before the specific contract is signed, provide the Commission with a detailed estimate of travel expenses drawn up in accordance with the rules laid down in Articles II.7.2 and II.7.3 – Reimbursements in the standard Service Contract. No modifications are allowed. Any modification may result in rejection of the tender.

Exception: If he deems it necessary, the tenderer may, provided that detailed reasons are given, add items to the price schedule, up to a maximum of 20 per cent of the number of items already included. These prices should be in line with the tenderer's usual pricing policy and comparable with market prices for the type of services or materials indicated. In the specific case of technologies not yet foreseeable or available, in particular in the field of IT or multimedia, the Commission may, at a future date, ask the contractor for additional products or services, which the contractor must propose at the most favourable market price. In these cases, the contractor will propose a price corresponding to the schedule structure and price level. This proposal will be subject to agreement by the Commission. Many of the activities will take place in Brussels, but they may extend to all EU Member States, the EFTA/EEA countries (Switzerland, Iceland, Liechtenstein and Norway), the candidate countries (Croatia, Former Yugoslav Republic of Macedonia and Turkey) and other third countries. Unless otherwise stated, all prices must include delivery of the products to the Commission in Brussels. A paper or web page to be written or translated means: 1 500 characters without spaces. Finally, regardless of the section in which a job (or piece of equipment) is mentioned, it will apply to the entire lot, as will the price quoted.

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Lot 3 "Audiovisual material, events, communication campaigns"

Price schedules Company: _____________________________________________________________ Surname and first name: _____________________________________________________ Date: ______________________________________________________________ Signature: __________________________________________________________

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Audiovisual material (e.g. making video news releases and securing media coverage)

Description

Unit price

Staff . Project manager . Project leader . Assistant project leader . Accountant . Assistant accountant . Travel and accommodation organiser . Administrator . Specialist responsible for finding targets56 . Specialist responsible for finding partners . Media expert . Producer . Production assistant . Production secretary . Director . Assistant director . Journalist . Reporter . Scriptwriter . Continuity assistant . Production manager . Press officer . Specialist in finding targets . Documentalist . Editor . Video engineer . Assistant video engineer . Sound engineer . Assistant sound engineer . Chief camera operator . Senior technician (electrician or key grip) . Video cameraman . Assistant video cameraman. . Cameraman and sound engineer . Director of photography . Off-line editor . On-line editor . Electrician . Key grip . Assistant stage manager

… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day … euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day … euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day

56 For example, people to interview, participants at events, etc. 57 This heading will also be used for payment of music distribution rights, which will therefore be calculated in

the equivalent of "euros/person/day".

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. Designer

. Teletext/autocue operator

. Narrator

. Voice-over

. Dubbing artist for interviews

. Interpreter

. Graphic designer

. Computer graphics expert

. Make-up artist

. Actor

. Extra

. Composer/sound artist

. Language coordinator

. Translation secretary Translation . from EN, FR into EN, FR . from EN, FR into another language .from another language into EN/FR . from another language into another language . surcharge for an urgent translation (24 hours) Music . Original music score, all rights assigned . Background music, all rights assigned . Negotiating music reproduction and distribution rights with the publisher57 Equipment (Technical equipment for filming Editing and sound Reproduction Supplies) . Laptop computer with modem . Mobile phone . DIGI Beta player-recorder . Beta SP player-recorder . DVC PRO 25 player-recorder . DV CAM player-recorder . Beta SP player (e.g. BVW 22P) . DVC PRO 25 player . DVC CAM player . DVC PRO 25 laptop editor . DAT recorder . Wide angle lens x 0.8 . ENG equipment . Multicam (3) TV studio with green or blue key on each camera.

… euros/person/hour… euros/person/hour… euros/person/hour… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day … euros/person/day… euros/person/day

… euros/page… euros/page… euros/page… euros/page

+ … %

… euros/dayeuros/minute

… euros/person/day

… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day

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The studio will be operational in standard definition and 1080i/50 definition, will have a full lighting system and a single prompter for the three cameras. . Beta SP/DIGI two-machine editing suite with character generator and close-up microphone (without editor) . Digital two-machine editing suite (DVC PRO 25) with character generator and close-up microphone (without editor) . Digital three-machine editing suite (DVC PRO 25) with character generator, mixer, digital video effects, sound mixer and close-up microphone (without editor) . Non-linear SD/HD editing room for high-resolution material (without editor), Full video and audio effects palette must be available. . Virtual editing suite (without editor) . Digital multicamera (3 cameras) TV bus, including staff . Portable equipment for transmitting signals to the satellite, including staff . Broadcast quality colour monitors . Beta SP camcorder . Beta digital camcorder . DVC PRO 25 camcorder . DV CAM camcorder . Grip gear/dolly system (Key West type) . Basic lighting equipment . Lighting equipment: kit 1 (reporting) . Lighting equipment: kit 2 (equipped van) . Hand-held microphone . Clip-on microphone . Basic sound equipment . Video ingest (digitisation of images), including staff . Video logging (equipment for pre-selecting images) . Video titling, including staff . Character generator . Digital sound studio with recording booth and mixing console . Digital control room with character generator, digital video effects mixer, sound mixer . Computer workstation for logging (preselection of images prior to editing) . Digitisation of low-resolution images (for editing a working mock-up) . Digitisation of high-resolution images (for final editing) . 2D graphic tablet . 2D graphic tablet, including staff . 3D graphic tablet . 3D graphic tablet, including staff . Graphic tablet for special effects (flame type) . Graphic tablet for special effects (flame type), including staff . Digital video compression/encoding (MPEG1, AVI, WMP, Quicktime, Real, MP3 type files) . 1 minute

… euros/day

… euros/day

… euros/day

… euros/day

… euros/day… euros/day… euros/day

… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day

… euros/day

… euros/day

… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day

… euros/file

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. 5 minutes . 20 minutes . 60 minutes or more . Digital video compression/encoding (MPEG2 type files) . 1 minute . 5 minutes . 20 minutes . 60 minutes or more

… euros/file… euros/file… euros/file

… euros/file… euros/file… euros/file… euros/file

Copying a Beta digital master58 to Beta digital . 30 minutes . 25 copies . 50 copies . 100 copies or more . 60 minutes . 25 copies . 50 copies . 100 copies or more . 61 minutes or more . 25 copies . 50 copies . 100 copies or more Copying a Beta digital master to Beta SP . 30 minutes . 25 copies . 50 copies . 100 copies or more . 60 minutes . 25 copies . 50 copies . 100 copies or more . 61 minutes or more . 25 copies . 50 copies . 100 copies or more Copying a Beta digital master to Beta DVC PRO . 30 minutes . 25 copies . 50 copies

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit

58 Format to be used for master copies.

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. 100 copies or more . 60 minutes . 25 copies . 50 copies . 100 copies or more . 61 minutes or more . 25 copies . 50 copies . 100 copies or more Copying a Beta digital master to Beta DV CAM . 30 minutes . 25 copies . 50 copies . 100 copies or more . 60 minutes . 25 copies . 50 copies . 100 copies or more . 61 minutes or more . 25 copies . 50 copies . 100 copies or more

… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

Pressing a DVD-R from a Beta digital master, including authoring, programming, creation, jacket and label pre-press . 30 minutes . 100 copies . 200 copies . 500 copies . 1 000 copies or more . 60 minutes . 100 copies . 200 copies . 500 copies . 1 00 copies or more . 90 minutes . 100 copies . 200 copies . 500 copies . 1 000 copies or more . 120 minutes

… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit

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. 100 copies . 200 copies . 500 copies . 1 000 copies or more . 180 minutes . 100 copies . 200 copies . 500 copies . 1 000 copies or more . 240 minutes or more . 100 copies . 200 copies . 500 copies . 1 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit

Supplying Beta SP cassette . 30 minutes . 60 minutes . 90 minutes or more

… euros/unit… euros/unit… euros/unit

Supplying DV-CAM cassette . 30 minutes . 60 minutes . 90 minutes or more

… euros/unit… euros/unit… euros/unit

Supplying DVC-PRO cassette . 30 minutes . 60 minutes . 90 minutes or more

… euros/unit… euros/unit… euros/unit

Supplying Beta digital cassette . 30 minutes . 60 minutes . 90 minutes or more

… euros/unit… euros/unit… euros/unit

Supplying DVD-R . 100 copies . 200 copies . 500 copies . 1 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit

Supplying "Diva Box" . 100 copies . 200 copies . 500 copies . 1 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit

Supplying box with jacket

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. 100 copies

. 200 copies

. 500 copies

. 1 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit

Possible surcharge

Description

Unit price

For any service involving personnel costs: surcharge for any work done on Saturdays, Sundays or public holidays, subject to agreement by the Commission

+ … %

Items which may be added by the tenderer59

Description

Unit price

… …… …… …For any service involving personnel costs: surcharge for any work done on Saturdays, Sundays or public holidays, subject to agreement by the Commission

+ … %

59 Up to a maximum of 20% of the number of items already included.

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"Events" (e.g. conferences, exhibitions and roadshows)

Description

Unit price

Human resources . Secretary . Teacher . Training officer . Designer . Equipment installer . Stand builder . Computer technician . Electrician . Receptionist . Photographer . Security officer (day) . Security officer (night) . Driver (car) . Driver (lorry)

… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day

… euros/person/night… euros/person/day… euros/person/day

Single room, including breakfast, in superior-category hotel (4 stars)60 in the EU capitals: . Brussels . Paris . London . Berlin . Vienna . Dublin . Lisbon . Madrid . Luxembourg . The Hague . Copenhagen . Stockholm . Helsinki . Rome . Athens . Tallinn . Riga . Vilnius . Warsaw . Prague . Bratislava

… euros/night… euros/night… euros/night… euros/night… euros/night… euros/night… euros/night… euros/night… euros/night… euros/night… euros/night… euros/night… euros/night… euros/night… euros/night… euros/night… euros/night… euros/night… euros/night… euros/night… euros/night

60 The distinction between capitals is made because the prices of hotels can vary enormously between cities and

this can have a significant impact on the budget for organising an event. The same is true for non-EU capital cities.

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. Ljubljana

. Budapest

. Sofia

. Bucharest

. Valletta

. Nicosia

… euros/night… euros/night… euros/night… euros/night… euros/night… euros/night

Single room, including breakfast, in superior-category hotel (4 stars) in the capitals of the EFTA/EEA countries (Switzerland, Iceland, Liechtenstein and Norway): . Berne . Reykjavik . Vaduz . Oslo

… euros/night… euros/night… euros/night… euros/night

Single room, including breakfast, in superior-category hotel (4 stars) in the capitals of the candidate countries (Croatia, the Former Yugoslav Republic of Macedonia and Turkey): . Zagreb . Ankara . Skopje

… euros/night… euros/night… euros/night

Single room, including breakfast, in superior-category hotel (4 stars) in other third countries

… euros/night

Seated dinner (including wine, water and coffee) . with aperitif . without aperitif

… euros/person… euros/person

Buffet dinner (including wine, water and coffee) . with aperitif . without aperitif

… euros/person… euros/person

Cocktail (alcoholic drink, water and fruit juice with five sweet or savoury snacks)

… euros/person

Dinner (including wine, water and coffee) . with aperitif . without aperitif

… euros/person… euros/person

Coffee break . coffee/tea . coffee/tea with pastries

… euros/person… euros/person

Drinks in meeting room (water and fruit juice) … euros/person

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Photographs . Putting photos on DVD and copying this DVD to another one . fewer than 50 copies . 100 copies . 200 copies . 300 copies . 400 copies . 500 copies or more . Developing a photo on the basis of at least 10 units . 10 x 15 cm . 20 x 30 cm . 30 x 45 cm . 40 x 60 cm . 50 x 75 cm . Frames on the basis of at least 10 units for photographs of . 20 x 30 cm . 30 x 45 cm . 40 x 60 cm . 50 x 75 cm . 70 x 100 cm . more than 70 x 100 cm . Framing

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unitPressing a CD-R from an audio CD master, including authoring, programming, creation, jacket and label pre-press . fewer than 50 copies . 100 copies . 200 copies . 300 copies . 400 copies . 500 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Supplying CD-R . 100 copies . 200 copies . 500 copies . 1 000 copies or more

… euros/unit… euros/unit… euros/unit… euros/unit

Local transport (coach, minibus, taxi, etc.) … euros/person/dayRenting a room without interpreting facilities . fewer than 50 seats . 100 seats . 200 seats . 300 seats . 400 seats

… euros/day… euros/day… euros/day… euros/day… euros/day

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. 500 seats or more … euros/day

Renting a room with simultaneous interpretation facilities . 1 to 3 booths . fewer than 50 seats . 100 seats . 200 seats . 300 seats . 400 seats . 500 seats or more . 4 booths or more . fewer than 50 seats . 100 seats . 200 seats . 300 seats . 400 seats . 500 seats or more

… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day

… euros/day… euros/day… euros/day… euros/day… euros/day… euros/day

Sound system for conference room … euros/unitInstallation and supply of audiovisual, computer, telephone and office equipment for the entire duration of an event . multimedia PC with 17" screen . black-and-white printer . colour printer . 42" plasma screen connectable to a PC . system for playing and projecting CD-Roms and DVDs on a big screen . overhead projector . high-resolution video projector . totem (interactive terminal) . video streaming (channel / 4 hours of transmission / 50 simultaneous connections) . receivers/headsets . large screen format ± 2.50 m x 2 m . large screen format ± 3.50 m x 2.5 m . telephone . fax . black-and-white photocopier . colour photocopier . desk . rostrum with four microphones . lectern with microphone . wireless microphone . flipchart . marker for flipchart

… euros/unit/day… euros/unit/day… euros/unit/day… euros/unit/day… euros/unit/day

… euros/unit/day… euros/unit/day… euros/unit/day… euros/unit/day

… euros/unit/day… euros/unit/day… euros/unit/day… euros/unit/day… euros/unit/day… euros/unit/day… euros/unit/day… euros/unit/day… euros/unit/day… euros/unit/day… euros/unit/day… euros/unit/day

… euros/unitInstallation of a simultaneous interpreting system in a room not equipped with such a system

… euros/booth/day

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Supplement for room equipped with teleconference facility … euros/day

Supplement for room equipped with videoconference facility … euros/day

Use of teleconference facility for international communication … euros/hour

Use of videoconference facility for international communication

… euros/hour

Decorations for room (flags, flowers, plants, etc.) euros/decorative elementStreamer/banner … euros/m²/dayBanner for use inside and/or outside … euros/m²Complete stand (modular panels with internal cabling, platform floor, lighting, small storage unit with shelves, height ±2.50 metres)

… euros/running metre/day

Complete stand (see above) plus kitchen space … euros/running metre/daySound system for stand with wireless microphone … euros/day"Umbrella" stand with lighting kit, width ± 3 metres, height ± 2.50 metres

… euros/unit/day

Marquee or tent for open-air exhibition … euros/m²/dayStand assembly … euros/m²Dismantling a stand … euros/m²Panel with lighting, height ± 2.50 metres … euros/running metre/dayPhoto printing/laminating with 3 mm PVC (or other material)/plastification . smaller than 0.70 x 1.00 m . 0.70 m x 1.00 m or larger

… euros/unit… euros/unit

Lacquered aluminium frame for panels … euros/running metreElectricity supply … euros/dayFire-resistant carpet for exhibition … euros/m²Radiator for marquee or tent for open-air exhibition … euros/unit/dayFire extinguisher … euros/unit/dayTable … euros/unit/dayChair … euros/unit/dayCoat rack on wheels (for ± 40 garments) … euros/unit/dayReception desk … euros/unit/dayDisplay rack for brochures … euros/unit/dayName display card . simple name card . printed name card

… euros/unit/day… euros/unit/day

Metal cupboard with lock . small . large

… euros/unit/day… euros/unit/day

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Small refrigerator … euros/unit/dayProduction of conference kits, with inscriptions on all items . Standard kit (fabric document case, plastic pen and fabric conference folder including an A4 writing pad) . fewer than 50 . 100 . 200 . 300 . 400 . 500 or more . De luxe kit (leather document case and conference folder containing A4 writing pad, de luxe metal pen, pocket calculator, holder for business cards and CD), on the basis of at least 10 units

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit

Designing and manufacturing badges for participants . black-and-white badges . fewer than 50 . 100 . 200 . 300 . 400 . 500 or more . colour badges . fewer than 50 . 100 . 200 . 300 . 400 . 500 or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Notepad . A4 format . fewer than 50 . 100 . 200 . 300 . 400 . 500 or more . A5 format . fewer than 50 . 100 . 200 . 300 . 400

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

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. 500 or more . B5 format . fewer than 50 . 100 . 200 . 300 . 400 . 500 or more

… euros/unit

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Design and installation of a sign … euros/unit/dayRecording of sessions for subsequent transcription (each language version must be recorded)

… euros/language/day

Verbatim report of the speeches and debates … euros/pageWriting conference conclusions … euros/person/dayPrinting folders61 for A4 format documents . fewer than 50 . 100 . 200 . 300 . 400 . 500 or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Printing programmes, notices, leaflets, etc.62 . fewer than 50 . 100 . 200 . 300 . 400 . 500 or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Black and white laser printing … euros/pageColour laser printing … euros/pageBlack and white duplicating … euros/pageColour duplicating … euros/pageBlack and white printing … euros/pageColour printing … euros/pageAssembling and putting products in bags, folders (files), envelopes, parcels, etc.

… euros/hour

Gadgets for wide distribution with 4-colour marking63 . pens . 1 000 . 5 000

… euros/unit… euros/unit

61 Closed format: A4+ (215 x 302 mm) Printing: full four colours. Paper: interior 350 g/m² - matt-coated.

Finish: three flaps. 62 Open format: A4. Closed format: A4 folded in three. Printing: full four colours. Paper: interior

135 g/m² – mat lamination. 63 Examples of possible inscriptions: the European flag, "European Union", "Justice, Freedom, Security" and

the DG JLS website address. The same applies to items of clothing for restricted use/distribution.

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. 10 000 or more . lanyards . 1 000 . 5 000 . 10 000 or more . rectangular memo pad ("Post-it®")64 . 1 000 . 5 000 . 10 000 or more . round memo pad ("Post-it®")65 . 1 000 . 5 000 . 10 000 or more . small balloons . 1 000 . 5 000 . 10 000 or more . key rings . 1 000 . 5 000 . 10 000 or more . small pocket torch . 1 000 . 5 000 . 10 000 or more . small solar-powered calculator . 1 000 . 5 000 . 10 000 or more . mouse pad . 1 000 . 5 000 . 10 000 or more . paper carrier bags66 with two handles . 1 000 . 5 000 . 10 000 or more . recyclable plastic bags . 1 000 . 5 000 . 10 000 or more . light cloth bags . 1 000 . 5 000 . 10 000 or more

… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

… euros/unit… euros/unit… euros/unit

Items of clothing for restricted use/distribution, with 4-colour 64 Pad with 50 notes, rectangular, size: +/- 10 cm x 7 cm. 65 Pad with 50 notes, round, size: +/- 7 cm. 66 For information material and gadgets, size ± 30 cm x 20 cm. The same applies to bags made of plastic and

cloth.

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marking, on the basis of at least 50 units . cap . T-shirt . polo shirt with collar . sweatshirt . anorak . warm jacket

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Small flags67 . 1 000 . 5 000 . 10 000 or more

… euros/unit… euros/unit… euros/unit

Rental of a vehicle . car . minibus . van . cargo truck (± 20 tonnes) . exhibition truck68

… euros/unit/day… euros/unit/day… euros/unit/day… euros/unit/day… euros/unit/day

Personalising a vehicle69 . car . van . truck

… euros/unit… euros/unit… euros/unit

Design and production of a quiz show (± 10 questions) … euros/person/dayMonitoring media coverage of an event70 … euros/person/dayCopying a file on CD-Rom . fewer than 50 . 100 . 200 . 300 . 400 . 500 or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Putting letters or other small-format documents in envelopes with address labels and depositing them at the post office or with an express courier service (excluding costs of postage)

… euros/unit

Making up parcels with address labels and depositing them at the post office or with an express courier service (excluding

… euros/unit

67 Small paper flags, size ± 15 cm x 10 cm, with the European flag on one side and the national flag on the

other. 68 Semi-trailer truck designed for events and exhibitions, equipped with wheelchair lift to allow access for

visitors with restricted mobility. Built-in podium ± 50 m², sound system, lighting, VIP area for interviews and photos. See example on DG Employment, Social Affairs and Equal Opportunities website at: http://ec.europa.eu/news/around/070424_fra_fr.htm.

69 Personalised adhesive stickers for entire vehicle (sides, front and back) including design, production, placing and removing.

70 Monitoring media (press, web, TV channels and radio stations) throughout an event and sending a report afterwards.

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costs of postage) Sending of envelopes or parcels by express courier (national rate) . 20 g . 50 g . 100 g . 300 g . 500 g . 1 kg or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/kgSending of envelopes or parcels by normal mail (national rate) . 20 g . 50 g . 100 g . 300 g . 500 g . 1 kg or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/kgTransport of heavy parcels (national rate) … euros/kg/kmSending of envelopes or parcels by international express courier (within the EU) . 20 g . 50 g . 100 g . 300 g . 500 g . 1 kg or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/kgSending of envelopes or parcels by normal international mail (international rate - within EU) . 20 g . 50 g . 100 g . 300 g . 500 g . 1 kg or more

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

… euros/kgTransport of heavy parcels (international rate - within EU) … euros/kg/kmLocal transport of small parcels … euros/unitStoring products in a secure location … euros/m³/dayCleaning up the event location (including removing pallets, packaging, etc.)

… euros/m²

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Possible surcharge

Description

Unit price

For any service involving personnel costs: surcharge for any work done on Saturdays, Sundays or public holidays, subject to agreement by the Commission

+ … %

Items which may be added by the tenderer71

Description

Unit price

… …… …… …For any service involving personnel costs: surcharge for any work done on Saturdays, Sundays or public holidays, subject to agreement by the European Commission

+ … %

71 Up to a maximum of 20% of the number of items already included.

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"Communication campaigns" (e.g. competition)

Description

Unit price

Human resources . network coordinator . head of promotion . teleoperator72 . quiz designer . registered nurse73 (day) . registered nurse (night) . master of ceremonies . musician . tourist guide . group leader74 Website staff . technical manager . artistic director . website creator . writer . ergonomist . graphic designer . webmaster

… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day

… euros/person/night… euros/person/day… euros/person/day… euros/person/day… euros/person/day

… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day… euros/person/day

Purchase of web domain name … euros/unitHosting, support and management of a website euros/monthEntrance ticket for a site or attraction75 … euros/unitSeated lunch (including water and soft drinks) … euros/personBuffet lunch (including water and soft drinks) … euros/personCocktail (water and soft drinks, with five sweet or savoury snacks)

… euros/person

Dinner (including water and soft drinks) … euros/personCoffee break . Coffee/tea, water and fruit juice . coffee/tea, water and fruit juice with pastries

… euros/person… euros/person

Packed lunch … euros/person

72 Including use of the necessary instruments (telephone, fax, e-mail). 73 To accompany a group. 74 To organise games, sport, karaoke, etc. 75 Museum, exhibition, bowling, "chatterbus", etc.

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Objects for restricted use, with colour(s) and inscription(s), on the basis of at least 10 units . gold medals . silver medals . bronze medals . 1st prize trophies . 2nd prize trophies . 3rd prize trophies . framed A3 certificates . framed A4 certificates . backpacks . umbrellas . folding umbrellas

… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit… euros/unit

Possible surcharge

Description

Unit price

For any service involving personnel costs: surcharge for any work done on Saturdays, Sundays or public holidays, subject to agreement by the Commission

+ … %

Items which may be added by the tenderer76

Description

Unit price

… …… …… …For any service involving personnel costs: surcharge for any work done on Saturdays, Sundays or public holidays, subject to agreement by the European Commission

+ … %

76 Up to a maximum of 20% of the number of items already included.

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ANNEX IV.3

DRAFT FRAMEWORK CONTRACT FOR LOT 3

AND ANNEXES

Annex IV.3a: Specification 341

Annex IV.3b: Contractor's tender (including completed price schedule) 342

Annex IV.3c: Specific contract - model 343

Annex IV.3d: Contractor's travel and subsistence expenses 347

Annex IV.3e: Financial guarantee 348

Annex IV.3f: Power of attorney 350

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EUROPEAN COMMISSION DIRECTORATE-GENERAL JUSTICE, FREEDOM AND SECURITY Directorate A : General affairs

DRAFT FRAMEWORK SERVICE CONTRACT

CONTRACT No … (Lot 3) The European Community (hereinafter referred to as “the Community”), represented by the Commission of the European Communities (hereinafter referred to as “the Commission”), which is represented for the purposes of the signature of this contract by Mr Tung-Laï Margue Director Directorate-General for Justice, Freedom and Security Directorate A - General Affairs, of the one part, and [official name in full] [official legal form] (delete if contractor is a natural person or a body governed by public law) [statutory registration number] (delete if contractor is a body governed by public law, for natural persons, indicate the number of their identity card or, failing that, of their passport or equivalent) [official address in full] [VAT registration number] (hereinafter referred to as “the Contractor”), represented for the purposes of the signature of this contract by [name in full and function], of the other part,

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HAVE AGREED

the Special Conditions and the General Conditions below and the following Annexes:

Annex I: Specification (Invitation to Tender No [complete] of [complete]) Annex II: Contractor's tender (No [complete] of [complete]) Annex III: Specific contract Annex IV: Contractor’s travel and subsistence expenses Annex V: Financial guarantee Annex VI: Power of attorney which form an integral part of this contract (hereinafter referred to as “the Contract”). The terms set out in the Special Conditions shall take precedence over those in the other parts of the Contract. The terms set out in the General Conditions shall take precedence over those in the Annexes. The terms set out in the Tender Specifications (Annex I) shall take precedence over those in the orders and specific contracts (Annex III), the latter taking precedence over the Tender (Annex II). Subject to the above, the several instruments forming part of the Contract are to be taken as mutually explanatory. Ambiguities or discrepancies within or between such parts shall be explained or rectified by a written instruction issued by the Commission, subject to the rights of the Contractor under Article I.8 should he dispute any such instruction.

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I - SPECIAL CONDITIONS

ARTICLE I.1 - SUBJECT I.1.1 In the audiovisual field, the purpose of the Contract is, through a variety of measures,

to generate greater interest among television channels and radio stations in the activities of the European Union, particularly but not exclusively in the fields of justice, freedom and security.

The work could include the following (this list is not exhaustive):

• helping to identify target groups and their needs; • advising on its communication strategy vis-à-vis television channels and radio

stations and the various targeted groups; • producing reports, documentaries, videos, VNRs (Video News Releases), TV and

radio commercials, cartoons, etc.; • copying and dispatching products; • securing media coverage for products on television channels and/or radio stations,

including EBS (Europe by Satellite)77, i.e. promoting them with a view to free distribution;

• following up all media reporting and documenting the coverage generated; • copying products in any appropriate format; • organising press conferences and/or press trips for journalists/audiovisual media

producers; • identifying target groups, such as journalists or TV/radio producers interested in

European issues; • securing coverage of events by the broadcast media, particularly by writing,

printing and sending press releases or press packs; • monitoring the impact of EU activities in the broadcast media, particularly but not

exclusively in the fields of justice, freedom and security. As regards events organised on the ground, the purpose of the Contract is, through a variety of measures, to raise awareness among certain target groups and the general public of the activities of the European Union, particularly but not exclusively in the fields of justice, freedom and security.

The work could include the following (this list is not exhaustive):

• helping to identify target groups and their needs; • organising conferences or exhibitions, including the following aspects:

• inviting participants; • organising registration; • organising transport and accommodation; • organising meals and coffee breaks; • reserving rooms (conferences) or places for stands (exhibitions);

77 For information about EBS, go to http://ec.europa.eu/avservices/ebs/welcome_en.cfm.

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• setting up, decorating and fitting out rooms or stands; • renting equipment, including stands, vehicles, etc.; • assembling, installing and dismantling equipment; • organising interpreting and translation; • recording, transcribing and translating the proceedings; • organising a press conference to launch the activity; • designing and producing information and promotional material, putting it into

envelopes and distributing it; • dispatching material; • transporting material; • taking photographs; • making a video; • arranging for technicians, hosts and representatives of the Contractor to be

present throughout an event. Regarding long-distance communication activities78, the Contract aims, through a variety of measures, at raising awareness among certain target groups about EU activities, particularly but not exclusively, in the fields of justice, freedom and security.

The work could include the following (this list is not exhaustive):

• helping to identify target groups and their needs; • buying or creating lists of bodies that could potentially be interested in European

issues (trade organisations, journalists' associations, non-governmental organisations, parents' and teachers' associations, schools, youth clubs, holiday camps, open-air centres for children, and other types of organisation, association and club);

• creating and running a network of national partners helping to organise and promote an activity in each of the countries concerned;

• promoting an activity among those potentially interested by email, fax and telephone;

• promoting an activity among those potentially interested by distributing posters and brochures;

• designing, creating and managing a website (usually multilingual) on a specific activity for a given period of time;

• buying web addresses; • in the case of an activity such as a competition, organising participants' registration

and entries; • in the case of an activity such as a competition, organising judges; • in the case of an activity such as a competition, organising prize-giving ceremonies; • organising interpreting and translation.

78 These will also involve some organisation on the ground, for example organising judges and award

ceremonies in the case of a competition.

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I.1.2 Signature of the Contract imposes no obligation on the Commission to purchase. Only implementation of the Contract through orders and specific contracts is binding on the Commission.

I.1.3 Once implementation of the Contract has been asked for or has commenced, the

Contractor shall reply and execute the tasks in accordance with all terms and conditions of the Contract.

I.1.4 The Contract does not confer on the Contractor any exclusive right to provide the

services described in Annex I to the Commission. The Contractor shall be selected as the [first/second/third] contractor in a multiple framework contract (cascade system). The other contractors selected in the order established at the time of the evaluation of tenders are: [names and addresses of the other two contractors]

ARTICLE I.2 - DURATION I.2.1 The Contract shall enter into force on the date on which it is signed by the last of the

contracting parties. I.2.2 Under no circumstances may implementation commence before the date on which the

Contract enters into force. Execution of the tasks may under no circumstances begin before the date on which the order or specific contract enters into force.

I.2.3 The Contract is concluded for a period of twelve months with effect from the date on

which it enters into force. This contractual period and all other periods specified in the Contract are calculated in calendar days unless otherwise indicated.

I.2.4 The orders or specific contracts shall be returned signed before the Contract to which

they refer expires.

The Contract shall continue to apply to such orders and specific contracts after its expiry, but no later than the sixth month following its expiry.

I.2.5 The Contract may be renewed up to three times, each time for a period of one year, but

only before expiry of the Contract and with the express written agreement of the parties. Renewal shall not imply any modification or deferment of existing obligations.

ARTICLE I.3 – PRICES I.3.1 The price of the services shall always be calculated on the basis of the price schedule

as set out in Annex II.

The maximum total amount to be paid by the Commission under the Contract (including travel and subsistence expenses) shall be EUR 4 500 000 (four million five hundred thousand euros) covering all tasks executed.

I.3.2 Prices shall be expressed in euros.

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I.3.3 Prices shall be fixed and not subject to revision for the first year of the Contract.

From the beginning of the second year of duration of the contract, each price may be revised upwards or downwards each year, where such revision is requested by one of the contracting parties by registered letter no later than sixty days before the anniversary of the date on which it was signed. The Commission shall purchase on the basis of the prices in force on the date on which orders or specific contracts are signed. Such prices shall not be subject to revision. The revision shall be determined by the trend in the harmonised consumer price index (MUICP): (euro area), published for the first time by the Office for Official Publications of the European Communities in the EUROSTAT monthly bulletin at http://www.ec.europa.eu/eurostat/. Revision shall be calculated in accordance with the following formula: Pr=Po(Ir/Io) where: Pr = revised price; Po = price in the original tender; Io = index for the month corresponding to the deadline for submission of tenders; Ir = index for the month corresponding to the date of receipt of the letter

requesting a revision of prices.

I.3.4 In addition to the price of services specified in each order or specific contract, the Contractor’s travel, subsistence and shipment expenses shall be reimbursed in accordance with Article II.7, as shall other expenses provided for by the Tender Specifications throughout implementation of the Contract. The daily subsistence allowance referred to in Article II.7.4(d) shall be determined in accordance with Annex IV. In addition, accommodation expenses shall be reimbursed in accordance with Article II.7.1 up to a maximum amount established in Annex III.

ARTICLE I.4 - IMPLEMENTATION OF THE CONTRACT When the Commission sends an order for goods or services to the Contractor, it shall receive a tender within the period of time specified in its order, as a general rule between ten and twenty working days depending on the complexity of the work, counting from the date on which the order was sent. Should the Contractor be unavailable, he shall give reasons for refusal within the same period and the Commission shall be entitled to send a request to the next Contractor on the list. Similarly, in the event of failure to observe this deadline or in the event of a continuin disagreement regarding the tender which cannot be resolved by discussion or negotiation, the Contractor shall be considered unavailable and the Commission shall be entitled to send a request to the next Contractor on the list.

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Lastly, when the Contractor receives an order or a specific contract from the Commission, he must return it, duly signed and dated, within ten working days from the date on which the order was sent by the Commission. In the event of failure to observe this deadline, the Contractor shall be considered to be unavailable and the Commission shall be entitled to send a request to the next Contractor on the list. ARTICLE I.5 - PAYMENT PERIODS Payments under the Contract shall be made in accordance with Article II.4. Payments shall be executed only if the Contractor has fulfilled all his contractual obligations by the date on which the invoice is submitted. Payment requests may not be made if payments for previous orders or specific contracts have not been executed as a result of default or negligence on the part of the Contractor. I.5.1 Pre-financing

For orders or specific contracts for a total amount of less than EUR 40 000

There shall be no pre-financing. For orders or specific contracts for a total amount of EUR 40 000 or more The Contractor may request a pre-financing payment of 30% of the total cost of the services, excluding his travel and subsistence expenses and any unforeseen expenditure.

I.5.2 Interim payment

For orders or specific contracts for a total amount of less than EUR 40 000

No interim payment shall be made. For orders or specific contracts for a total amount of EUR 40 000 or more

• No interim payment shall be made for work lasting less than six months.

• For services lasting six months or more, the Contractor may request an interim payment of 30% of the total cost of the service, excluding his travel and subsistence expenses and any unforeseen expenditure. Requests for interim payment by the Contractor shall be admissible only if accompanied by the interim technical report produced in accordance with the instructions in the order or specific contract or by the acknowledgement of receipt of the services provided by the Commission. In the case of a technical report, the Commission shall have twenty days from receipt to approve or reject the report, and the Contractor shall have ten days in which to submit additional information or a new report. The interim payment corresponding to 30% of the total amount of the order or specific contract, excluding the Contractor's travel or subsistence expenses and any unforeseen

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expenditure, shall be made within thirty days of the date of approval of the report or acceptance of the services by the Commission.

I.5.3 Payment of the balance

The balance shall be paid after performance of the work by the Contractor and acceptance thereof by the Commission within thirty days of receipt of the request for payment. The request for payment of the balance shalll be admissible if accompanied by: • either the final technical report in accordance with the instructions laid down in the

order or specific contract or an acknowledgement of receipt of the service provided by the Commission;

• statements of reimbursable expenses in accordance with Article II.7; • the relevant invoices, indicating the reference number of the Contract and of the

order or specific contract to which they refer. In the case of a technical report, the Commission shall have twenty days from receipt to approve or reject the report, and the Contractor shall have ten days in which to submit additional information or a new report. The balance corresponding to the relevant invoices shall be paid within thirty days of the date on which the report is approved or the service is accepted by the Commission. [For Contractors established in Belgium, the orders shall include the following provision: “En Belgique, l’utilisation de ce bon de commande vaut présentation d’une demande d’exemption de la TVA n° 450” or an equivalent statement in Dutch or German. The Contractor shall include the following statement in his invoice(s): “Exonération de la TVA, article 42, paragraphe 3.3 du code de la TVA” or an equivalent statement in Dutch or German.] [For Contractors established in Italy, the provisions of the Contract constitute a request for VAT exemption, provided that the Contractor includes the following statement in his invoice(s): "Operazione non imponibile ai sensi dell'articolo 72, comma 3) paragrafo 3 del D.P.R. n. 633 del 26/10/1972 come modificato da ultimo dal D.L. n. 323 del 20/06/1996 convertito in Legge n. 425 dell'8/8/1996."]

I.5.4 Financial guarantee

In the case of pre-financing in excess of EUR 150 000 (one hundred and fifty thousand euros), the Commission shall demand a financial guarantee equal to the amount of the pre-financing and provided by a bank, an authorised financial institution or a third party (Annex V).

ARTICLE I.6 - BANK ACCOUNT

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Payments shall be made to the Contractor’s bank account denominated in euros, and identified as follows:

Name of bank: [complete] Address of branch in full: [complete] Exact designation of account holder: [complete] Full account number including codes: [complete] [IBAN code: [complete]]

ARTICLE I.7 - GENERAL ADMINISTRATIVE PROVISIONS Any communication relating to the Contract or to its implementation shall be made in writing and shall bear the Contract number and the order or specific contract number. Ordinary mail shall be deemed to have been received by the Commission on the date on which it is registered by the department responsible indicated below. Communications shall be sent to the following addresses:

Commission European Commission Directorate-General for Justice, Freedom and Security General Affairs Directorate Information and Communication Unit For the attention of the Head of Unit Office: LX 46 7/81 1049 Brussels Belgium Contractor Mr/Mrs/Ms [… ] [Function] [Company name] [Official address in full]

ARTICLE I.8 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES I.8.1 The Contract shall be governed by the national substantive law of Belgium. I.8.2 Any dispute between the parties resulting from the interpretation or application of the

Contract which cannot be settled amicably shall be brought before the courts of Brussels.

ARTICLE I.9 - DATA PROTECTION Any personal data included in or relating to the Contract, including its execution, shall be processed pursuant to Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. The data shall be processed solely for the purposes of the performance, management and follow-up of the Contract by the Directorate-General for

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Justice, Freedom and Security, without prejudice to possible transmission to the bodies charged with a monitoring or inspection task in conformity with Community law. The Contractor shall have the right of access to his personal data and the right to rectify any such data that are inaccurate or incomplete. Should the Contractor have any queries concerning the processing of his personal data, he shall address them to the Directorate-General for Justice, Freedom and Security. The Contractor shall have right of recourse at any time to the European Data Protection Supervisor (http://www.cc.cec/dataprotectionofficer/). ARTICLE I.10 - TERMINATION BY EITHER CONTRACTING PARTY Either contracting party may, of its own volition and without being required to pay compensation, terminate the Contract by serving two months’ formal prior notice. Should the Commission terminate the Contract, the Contractor shall be entitled only to payment corresponding to the services ordered before the termination date. On receipt of the letter terminating the Contract, the Contractor shall take all appropriate measures to minimise costs, prevent damage, and cancel or reduce his commitments. He shall draw up the documents required by the Special Conditions for the services rendered up to the date on which termination takes effect, within a period not exceeding sixty days from that date. ARTICLE I.11 - OTHER SPECIAL CONDITIONS

I.11.1 Penalties In the event of failure to provide the services by the deadline set in the orders or

specific contracts or in due form, penalties shall be applied as follows: 9.

10. In the event of late delivery 11.

A penalty shall be applied using the following formula: [0.5% of the total value of the service] x [number of working days of delay]. The ceiling for the total amount of the penalty in the event of late delivery shall be 20% of the amount of the order or specific contract. These penalties shall apply automatically without formal notice simply as a result of the delay.

12. 13. In the event of inadequate quality of work In the event of inadequate quality of the services after presentation for the second time, the Commission may relieve the defaulting Contractor of his duties under the order or specific contract and entrust the task to the second Contractor on the list or, if necessary and according to the same procedure, the third Contractor. In that event, the defaulting Contractor shall be required to reimburse any amount which he received under the order or specific contract.

I.11.2 Suspension of services The Commission may, in certain cases, suspend the award of services to the defaulting contractor.

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If a Contractor fails to perform the services by the deadline set with an effect which is damaging to the results of the action and provided that this delay is not caused by the Commission, or if a Contractor is found to have executed an order or specific contract inadequately in at least two respects, the Commission may automatically suspend, by registered letter, the award of the next three services to this Contractor.

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II - GENERAL CONDITIONS ARTICLE II. 1 - PERFORMANCE OF THE CONTRACT II.1.1 The Contractor shall perform the Contract to the highest professional standards. The

Contractor shall have sole responsibility for complying with any legal obligations incumbent on him, notably those resulting from employment, tax and social legislation.

II.1.2 The Contractor shall have sole responsibility for taking the necessary steps to obtain

any permit or licence required for performance of the Contract under the laws and regulations in force at the place where the tasks assigned to him are to be executed.

II.1.3 Without prejudice to Article II.3, any reference made to the Contractor's staff in the

Contract shall relate exclusively to individuals involved in the performance of the Contract.

II.1.4 The Contractor must ensure that any staff performing the Contract have the

professional qualifications and experience required for the execution of the tasks assigned to him.

II.1.5 The Contractor shall neither represent the Commission nor behave in any way that

would give such an impression. The Contractor shall inform third parties that he does not belong to the European public service.

II.1.6 The Contractor shall have sole responsibility for the staff who execute the tasks

assigned to him. The Contractor shall make provision for the following employment or service relationships with his staff: • staff executing the tasks assigned to the Contractor may not be given orders

direct by the Commission; • the Commission may not under any circumstances be considered to be the

staff’s employer and the said staff shall undertake not to invoke in respect of the Commission any right arising from the contractual relationship between the Commission and the Contractor.

II.1.7 In the event of disruption resulting from the action of a member of the Contractor's staff working on Commission premises or in the event of the expertise of a member of the Contractor's staff failing to correspond to the profile required by the Contract, the Contractor shall replace him without delay. The Commission shall have the right to request the replacement of any such member of staff, stating its reasons for so doing. Replacement staff must have the necessary qualifications and be capable of performing the Contract under the same contractual conditions. The Contractor shall be responsible for any delay in the execution of the tasks assigned to him resulting from the replacement of staff in accordance with this Article.

II.1.8 Should any unforeseen event, action or omission directly or indirectly hamper

execution of the tasks, either partially or totally, the Contractor shall immediately and

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on his own initiative record it and report it to the Commission. The report shall include a description of the problem and an indication of the date on which it started and of the remedial action taken by the Contractor to ensure full compliance with his obligations under the Contract. In such event the Contractor shall give priority to solving the problem rather than determining liability.

II.1.9 Should the Contractor fail to perform his obligations under the Contract in accordance

with the provisions laid down therein, the Commission may - without prejudice to its right to terminate the Contract - reduce or recover payments in proportion to the scale of the failure. In addition, the Commission may impose penalties or liquidated damages as provided for in Article II.16.

ARTICLE II. 2 – LIABILITY II.2.1 The Commission shall not be liable for damage sustained by the Contractor in

performance of the Contract except in the event of wilful misconduct or gross negligence on the part of the Commission.

II.2.2 The Contractor shall be liable for any loss or damage caused by himself in

performance of the Contract, including in the event of subcontracting under Article II.13. The Commission may not be held liable for any act or default on the part of the Contractor in performance of the Contract.

II.2.3 The Contractor shall provide compensation in the event of any action, claim or

proceeding brought against the Commission by a third party as a result of damage caused by the Contractor in performance of the Contract.

II.2.4 In the event of any action brought by a third party against the Commission in

connection with performance of the Contract, the Contractor shall assist the Commission. Expenditure incurred by the Contractor to this end may be borne by the Commission.

II.2.5 The Contractor shall take out insurance against risks and damage relating to

performance of the Contract if such is required by the relevant applicable legislation. He shall take out supplementary insurance as required by standard practice in the industry. A copy of all the relevant insurance contracts shall be sent to the Commission should it so request.

ARTICLE II.3 - CONFLICT OF INTERESTS II.3.1 The Contractor shall take all necessary measures to prevent any situation that could

compromise the impartial and objective performance of the Contract. Such a conflict of interest could arise in particular as a result of economic interest, political or national affinity, family or emotional ties, or any other relevant connection or shared interest. Any conflict of interests which could arise during performance of the Contract must be notified to the Commission in writing without delay. In the event of such conflict, the Contractor shall immediately take all necessary steps to resolve it.

The Commission reserves the right to verify that such measures are adequate and may require additional measures to be taken, if necessary, by a deadline which it shall set. The Contractor shall ensure that his staff, board and directors are not placed in a

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situation which could give rise to a conflict of interests. Without prejudice to Article II.1, the Contractor shall replace, immediately and without compensation from the Commission, any member of his staff exposed to such a situation.

II.3.2 The Contractor shall abstain from any contact likely to compromise his independence. II.3.3 The Contractor declares:

• that he has not made and will not make any offer of any type whatsoever from which an advantage can be derived under the Contract;

• that he has not granted and will not grant, has not sought and will not seek, has not attempted and will not attempt to obtain, and has not accepted and will not accept any advantage, financial or in kind, to or from any party whatsoever, where such advantage constitutes an illegal practice or involves corruption, either directly or indirectly, inasmuch as it is an incentive or reward relating to performance of the Contract.

II.3.4 The Contractor shall pass on all the relevant obligations in writing to his staff, board and directors as well as to third parties involved in performance of the Contract. A copy of the instructions given and the undertakings made in this respect shall be sent to the Commission should it so request.

ARTICLE II. 4 - INVOICING AND PAYMENTS II.4.1 Pre-financing

Where required by Article I.5.1, the Contractor shall provide a financial guarantee in the form of a bank guarantee or equivalent supplied by a bank or an authorised financial institution (guarantor) equal to the amount indicated in the same Article to cover pre-financing under the Contract. Such guarantee may be replaced by a joint and several guarantee by a third party.

The guarantor shall pay to the Commission at its request an amount corresponding to payments made by it to the Contractor and which have not yet been covered by equivalent work on his part.

The guarantor shall stand as first-call guarantor and shall not require the Commission to have recourse against the principal debtor (the Contractor).

The guarantee shall specify that it enters into force at the latest on the date on which the Contractor receives the pre-financing. The Commission shall release the guarantor from its obligations as soon as the Contractor has demonstrated that any pre-financing has been covered by equivalent work. The guarantee shall be retained until the pre-financing has been deducted from interim payments or payment of the balance to the Contractor. It shall be released the following month. The cost of providing such guarantee shall be borne by the Contractor.

II.4.2 Interim payment

At the end of each of the periods indicated in Annex I, the Contractor shall submit to the Commission a formal request for payment accompanied by those of the following documents which are provided for in the Special Conditions:

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an interim technical report in accordance with the instructions laid down in Annex

I; the relevant invoices indicating the reference number of the Contract and of the

order or specific contract to which they refer; statements of reimbursable expenses in accordance with Article II.7.

If the report is a condition for payment, the Commission shall, on receiving it, have the period of time indicated in the Special Conditions in which:

to approve it, with or without comments or reservations, or suspend such period and request additional information; or

to reject it and request a new report. If the Commission does not react within this period, the report shall be deemed to have been approved. Approval of the report does not imply recognition either of its regularity or of the authenticity, completeness or correctness of the declarations and information enclosed. Where the Commission requests a new report because the one previously submitted has been rejected, this shall be submitted within the period of time indicated in the Special Conditions. The new report shall likewise be subject to the above provisions.

II.4.3 Payment of the balance

Within sixty days of completion of the tasks referred to in each order or specific contract, the Contractor shall submit to the Commission a formal request for payment accompanied by those of the following documents which are provided for in the Special Conditions:

a final technical report in accordance with the instructions laid down in Annex I; the relevant invoices indicating the reference number of the Contract and of the

order or specific contract to which they refer; statements of reimbursable expenses in accordance with Article II.7.

If the report is a condition for payment, the Commission shall, on receiving it, have the period of time indicated in the Special Conditions in which:

to approve it, with or without comments or reservations, or suspend such period and request additional information; or

to reject it and request a new report. If the Commission does not react within this period, the report shall be deemed to have been approved. Approval of the report does not imply recognition either of its regularity or of the authenticity, completeness or correctness of the declarations and information enclosed. Where the Commission requests a new report because the one previously submitted has been rejected, this shall be submitted within the period of time indicated in the Special Conditions. The new report shall likewise be subject to the above provisions.

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ARTICLE II. 5 - GENERAL PROVISIONS CONCERNING PAYMENTS II.5.1 Payments shall be deemed to have been made on the date on which the Commission's

account is debited. II.5.2 The payment periods referred to in Article I.5 may be suspended by the Commission

at any time if it informs the Contractor that his payment request is not admissible, either because the amount is not due or because the necessary supporting documents have not been properly produced. In case of doubt on the eligibility of the expenditure indicated in the payment request, the Commission may suspend the time limit for payment for the purpose of further verification, including an on-the-spot check, in order to ascertain, prior to payment, that the expenditure is eligible.

The Commission shall notify the Contractor accordingly by registered letter with acknowledgment of receipt or equivalent. Suspension shall take effect from the date of dispatch of the letter. The remainder of the period referred to in Article I.5 shall begin to run again once the suspension has been lifted.

II.5.3 In the event of late payment, the Contractor may claim interest within two months of receiving the payment. Interest shall be calculated at the rate applied by the European Central Bank to its most recent main refinancing operations (“the reference rate”) plus seven percentage points (“the margin”). The reference rate in force on the first day of the month in which the payment is due shall apply. Such interest rate is published in the C series of the Official Journal of the European Union. Interest shall be payable for the period elapsing from the calendar day following expiry of the time limit for payment up to the day of payment. Suspension of payment by the Commission may not be deemed to constitute late payment.

ARTICLE II. 6 – RECOVERY II.6.1 If total payments made exceed the amount actually due or if recovery is justified in

accordance with the terms of the Contract, the Contractor shall reimburse the appropriate amount in euros on receipt of the debit note, in the manner and within the time limits set by the Commission.

II.6.2 In the event of failure to pay by the deadline specified in the request for

reimbursement, the sum due shall bear interest at the rate indicated in Article II.5.3. Interest shall be payable from the calendar day following the due date up to the calendar day on which the debt is repaid in full.

II.6.3 In the event of failure to pay by the deadline specified in the request for

reimbursement, the Commission may, after informing the Contractor, recover amounts established as certain, of a fixed amount and due by offsetting in cases where the Contractor has a claim on the Communities that is certain, of a fixed amount and due. The Commission may also claim against the guarantee, where provided for.

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ARTICLE II. 7 – REIMBURSEMENTS II.7.1 Where provided for by the Special Conditions or by Annex I, the Commission shall

reimburse the expenses that are directly connected with execution of the tasks on production of original supporting documents, including receipts and used tickets.

II.7.2 Travel and subsistence expenses shall be reimbursed, where appropriate, on the basis

of the shortest itinerary. II.7.3 Travel expenses shall be reimbursed as follows:

a) travel by air shall be reimbursed up to the maximum cost of an economy-class ticket at the time of the reservation;

b) travel by boat or rail shall be reimbursed up to the maximum cost of a first-class ticket;

c) travel by car shall be reimbursed at the rate of one first-class rail ticket for the same journey and on the same day;

d) travel outside Community territory shall be reimbursed under the General Conditions stated above provided that the Commission has given its prior written agreement.

II.7.4 Subsistence expenses shall be reimbursed on the basis of a daily allowance as follows:

a) for journeys of less than 200 km (return trip), no subsistence allowance shall be payable;

b) the daily subsistence allowance shall be payable only on receipt of a supporting document proving that the person concerned was present at the place of destination;

c) the daily subsistence allowance shall take the form of a flat-rate payment to cover all subsistence expenses, including accommodation, meals, local transport, insurance and sundries;

d) the daily subsistence allowance, where applicable, shall be reimbursed at the rate specified in Article I.3.

II.7.5 The cost of shipment of equipment or unaccompanied luggage shall be reimbursed

provided that the Commission has given its prior written authorisation. ARTICLE II. 8 – OWNERSHIP OF THE RESULTS - INTELLECTUAL AND INDUSTRIAL PROPERTY Any results or rights thereon, including copyright and other intellectual or industrial property rights, obtained in performance of the Contract shall be owned solely by the Community, which may use, publish, assign or transfer them as it sees fit, without geographical or other limitation, except where industrial or intellectual property rights exist prior to the Contract being entered into.

ARTICLE II. 9 – CONFIDENTIALITY II.9.1. The Contractor undertakes to treat in the strictest confidence and not make use of or

divulge to third parties any information or documents which are linked to performance of the Contract. The Contractor shall continue to be bound by this undertaking after completion of the tasks.

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II.9.2. The Contractor shall obtain from each member of his staff, board and directors an

undertaking that they will respect the confidentiality of any information which is linked, directly or indirectly, to execution of the tasks and that they will not divulge to third parties or use for their own benefit or that of any third party any document or information not available publicly, even after completion of the tasks.

ARTICLE II.10 - USE, DISTRIBUTION AND PUBLICATION OF INFORMATION II.10.1 The Contractor shall authorise the Commission to process, use, distribute and

publish, for whatever purpose, by whatever means and on whatever medium, any data contained in or relating to the Contract, in particular the identity of the Contractor, the subject matter, the duration, the amount paid and the reports. Where personal data are concerned, Article I.9 shall apply.

II.10.2 Unless otherwise provided by the Special Conditions, the Commission shall not be

required to distribute or publish documents or information supplied in performance of the Contract. If the Commission decides not to publish the documents or information supplied, the Contractor may not have them distributed or published elsewhere without prior written authorisation from the Commission.

II.10.3 Any distribution or publication of information relating to the Contract by the

Contractor shall require prior written authorisation from the Commission and shall mention the amount paid by the Community. It shall state that the opinions expressed are those of the Contractor only and do not represent the Commission’s official position.

II.10.4 The use of information obtained by the Contractor in the course of the Contract for

purposes other than its performance shall be forbidden, unless the Commission has specifically given prior written authorisation to the contrary.

ARTICLE II. 11 - TAXATION II.11.1 The Contractor shall have sole responsibility for compliance with the tax laws which

apply to him. Failure to comply shall make the relevant invoices invalid. II.11.2 The Contractor recognises that the Commission is, as a rule, exempt from all taxes

and duties, including value added tax (VAT), pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities.

II.11.3 The Contractor shall accordingly complete the necessary formalities with the

relevant authorities to ensure that the goods and services required for performance of the Contract are exempt from taxes and duties, including VAT.

II.11.4 Invoices presented by the Contractor shall indicate his place of taxation for VAT

purposes and shall specify separately the amounts not including VAT and the amounts including VAT.

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ARTICLE II. 12 – FORCE MAJEURE II.12.1 "Force majeure" shall mean any unforeseeable and exceptional situation or event

beyond the control of the contracting parties which prevents either of them from performing any of their obligations under the Contract, was not due to error or negligence on their part or on the part of a subcontractor and could not have been avoided by the exercise of due diligence. Defects in equipment or material or delays in making it available, labour disputes, strikes or financial problems cannot be invoked as force majeure unless they stem directly from a relevant case of force majeure.

II.12.2 Without prejudice to the provisions of Article II.1.8, if either contracting party is

faced with force majeure, it shall notify the other party without delay by registered letter with acknowledgment of receipt or equivalent, stating the nature, likely duration and foreseeable effects.

II.12.3 Neither contracting party shall be held in breach of its contractual obligations if it has

been prevented from performing them by force majeure. Where the Contractor is unable to perform his contractual obligations owing to force majeure, he shall have the right to remuneration only for tasks actually executed.

II.12.4 The contracting parties shall take the necessary measures to reduce damage to a

minimum.

ARTICLE II. 13 - SUBCONTRACTING II.13.1 The Contractor may not subcontract without prior written authorisation from the

Commission or cause the Contract to be performed de facto by third parties. II.13.2 Even where the Commission authorises the Contractor to subcontract to third parties,

he shall none the less remain bound by his obligations to the Commission under the Contract and shall bear exclusive liability for proper performance of the Contract.

II.13.3 The Contractor shall make sure that the subcontract does not affect rights and

guarantees to which the Commission is entitled by virtue of the Contract, notably Article II.17.

ARTICLE II. 14 – ASSIGNMENT II.14.1 The Contractor shall not assign the rights and obligations arising from the Contract,

in whole or in part, without prior written authorisation from the Commission. II.14.2 In the absence of the authorisation referred to in the above paragraph or in the event

of failure to observe the terms thereof, assignment by the Contractor shall not be enforceable against and shall have no effect on the Commission.

ARTICLE II. 15 – TERMINATION BY THE COMMISSION

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II.15.1 The Commission may terminate the Contract, a pending order or a specific contract in the following circumstances:

a) where the Contractor is being wound up, is having his affairs administered by the

courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

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

c) where the Contractor has been guilty of grave professional misconduct proven by any means which the Commission can justify;

d) where the Contractor has 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 he is established or with those of the country applicable to the Contract or those of the country where the Contract is to be performed;

e) where the Commission seriously suspects the Contractor of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities’ financial interests;

f) where the Contractor is in breach of his obligations under Article II.3; g) where the Contractor was guilty of misrepresentation in supplying the information

required by the Commission as a condition of participation in the contract procedure or failed to supply this information;

h) where a change in the Contractor's legal, financial, technical or organisational situation could, in the Commission's opinion, have a significant effect on the performance of the Contract;

i) where execution of the tasks under a pending order or a specific contract has not actually commenced within fifteen days of the date foreseen and where the new date proposed, if any, is considered unacceptable by the Commission;

j) where the Contractor is unable, through his own fault, to obtain any permit or licence required for performance of the Contract;

k) where the Contractor, after receiving formal notice in writing to comply, specifying the nature of the alleged failure, and after being given the opportunity to remedy the failure within a reasonable period following receipt of the formal notice, remains in serious breach of his contractual obligations.

II.15.2 In cases of force majeure notified in accordance with Article II.12, either contracting

party may terminate the Contract where performance thereof cannot be ensured for a period corresponding to at least one fifth of the period laid down in Article I.2.3.

II.15.3 Prior to termination under point e), h) or k), the Contractor shall be given the

opportunity to submit his observations. Termination shall take effect on the date on which a registered letter with acknowledgment of receipt terminating the Contract is received by the Contractor or on any other date indicated in the letter of termination.

II.15.4 Consequences of termination

In the event of the Commission terminating the Contract, a pending order or a specific contract in accordance with this Article and without prejudice to any other

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terms of the Contract, the Contractor shall waive any claim for consequential damages, including any loss of anticipated profits for uncompleted work. On receipt of the letter terminating the Contract, the Contractor shall take all appropriate measures to minimise costs, to prevent damage and to cancel or reduce his commitments. He shall draw up the documents required by the Special Conditions for the tasks executed up to the date on which termination takes effect, within a period not exceeding sixty days from that date. The Commission may claim compensation for any damage suffered and recover any sums paid to the Contractor under the Contract. On termination the Commission may engage any other Contractor to execute or complete the services. The Commission shall be entitled to claim from the Contractor all extra costs incurred in doing so, without prejudice to any other rights or guarantees enforceable under the Contract.

ARTICLE II. 16 - LIQUIDATED DAMAGES Should the Contractor fail to perform his obligations under the Contract within the time limits set by the Contract, then, without prejudice to the Contractor's actual or potential liability incurred in relation to the Contract or to the Commission's right to terminate the Contract, the Commission may decide to impose liquidated damages of 0.2% of the amount of the relevant purchase per calendar day of delay. The Contractor may submit arguments against this decision within thirty days of notification by registered letter with acknowledgement of receipt or equivalent. In the absence of reaction on his part or of written withdrawal by the Commission within thirty days of the receipt of such arguments, the decision imposing the liquidated damages shall become enforceable. These liquidated damages shall not be imposed where there is provision for interest for late completion. The Commission and the Contractor expressly acknowledge and agree that any sums payable under this Article are in the nature of liquidated damages and not punitive and that they represent a reasonable estimate of fair compensation for the losses that may be reasonably anticipated from such failure to perform obligations. ARTICLE II. 17 - CHECKS AND AUDITS II.17.1 Pursuant to Article 142 of the Financial Regulation applicable to the general budget

of the European Communities, the European Court of Auditors shall be empowered to audit the documents held by the natural or legal persons receiving payments from the budget of the European Communities from signature of the Contract up to five years after payment of the balance of the last implementation.

II.17.2 The Commission or an outside body of its choice shall have the same rights as the

European Court of Auditors for the purposes of checks and audits limited to compliance with contractual obligations from signature of the Contract up to five years after payment of the balance of the last implementation.

II.17.3 In addition, the European Anti-Fraud Office may carry out on-the-spot checks and

inspections in accordance with Council Regulation (Euratom, EC) No 2185/96 and Parliament and Council Regulation (EC) No 1073/1999 from signature of the Contract up to five years after payment of the balance of the last implementation.

ARTICLE II. 18 – AMENDMENTS

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Any amendment to the Contract shall be the subject of a written agreement concluded by the contracting parties. An oral agreement shall not be binding on the contracting parties. An order or a specific contract may not be deemed to constitute an amendment to the Contract. ARTICLE II.19 - SUSPENSION OF THE CONTRACT Without prejudice to its right to terminate the Contract, the Commission may, at any time and for any reason, suspend execution of the Contract, pending orders or specific contracts or any part thereof. Suspension shall take effect on the day the Contractor receives notification by registered letter with acknowledgment of receipt or equivalent or at a later date where the notification so provides. The Commission may, at any time following suspension, give notice to the Contractor to resume the work suspended. The Contractor shall not be entitled to claim compensation on account of suspension of the Contract, of the orders or specific contracts, or of parts thereof. SIGNATURES For the Contractor, [Company name/first name/surname/function] signature[s ]: _______________________

For the Commission, Tung-Laï MARGUE Director signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Done at [Brussels], [date] Done at Brussels, [date] in duplicate in [English].

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ANNEX IV.3a: SPECIFICATION

The specification which will constitute Annex IV.3a to the Framework Contract will be the one attached to this invitation to tender.

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ANNEX IV.3b: CONTRACTOR'S TENDER

(including the completed price schedule) The tender which will constitute Annex IV.3b to the Framework Contract will be that of the tenderer to whom the contract has been awarded.

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ANNEX IV.3c: SPECIFIC CONTRACT - MODEL

Specific Contract No [… ] implementing Framework Contract No [… ]

The European Community (hereinafter referred to as "the Community"), represented by the Commission of the European Communities (hereinafter referred to as "the Commission"), which is represented for the purposes of the signature of this contract by

Mr Tung-Laï Margue Director Directorate-General for Justice, Freedom and Security Directorate A "General Affairs",

of the one part,

and

[official name in full] [official legal form] [statutory registration number] [official address in full] [VAT registration number] (hereinafter referred to as “the Contractor”), represented for the purposes of the signature of this contract by [surname, forename and function],

of the other part,

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HAVE AGREED

Article 1: Preamble 1. On [date] the Commission and the Contractor signed Framework Contract No

[complete] for the provision of services in the field of information and communication. This specific contract shall be incorporated into that Framework Contract as soon as it is signed by the contracting parties.

[ Where applicable:

2. On [ date ] the Commission and the Contractor signed a supplementary contract to Framework Contract No [ complete ] renewing the said Framework Contract for a period of 12 months.]

[ Where applicable:

3. On [ date ] the Commission and the Contractor signed a supplementary contract to Framework Contract No [ complete ] specifying that [complete ].]

4. Any clauses or provisions of the Framework Contract not modified or cancelled by the provisions of this Specific Contract shall continue to apply in full.

5. This Specific Contract relates to Lot [complete] and is based on the Contractor’s specific tender of [ date ].

Article 2: Subject 1. The Contractor undertakes, in accordance with the conditions laid down in the

Framework Contract, in the Specific Contract and in the annexes thereto, which form an integral part of these Contracts, to perform the tasks described in the Commission’s order (Annex I) and included in the Contractor's specific tender (Annex 2).

2. The purpose of this Specific Contract is [give a brief description of the purpose].

Article 3: Duration 1. The Specific Contract shall enter into force on the day it is signed by the last of the

two contracting parties.

2. The duration of the tasks shall not exceed [days/months]. Execution of the tasks shall start on the date of entry into force of the Specific Contract. The period of execution of the tasks may be extended only with the express written agreement of the parties before such period elapses.

[ Where applicable:

Article 4: Reports and documents

The tasks carried out by the Contractor in performance of this Specific Contract shall be the subject of reports drawn up in accordance with Annex I.]

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[ Where applicable:

Article 4: Acceptance of work

1. As soon as the fixed-rate services have been performed, the Commission shall issue an acceptance report indicating the date of acceptance and any reservations regarding the services performed.

2. If the documents submitted contain errors, the Commission shall notify the Contractor in writing of the problems identified, requesting the submission of a corrected version.]

Article 5: Prices and invoicing 1. The Commission undertakes to pay the Contractor, in consideration of the services

rendered under this Specific Contract, an amount not exceeding EUR [amount in figures and in letters]. It is agreed that the said amount shall cover all expenditure incurred by the Contractor in performance of this Specific Contract.

2. In addition to the maximum price specified in the previous point, the Contractor’s travel, subsistence and shipment expenses, plus any unforeseen expenditure, shall be reimbursed as provided for in the Framework Contract up to a maximum amount of EUR [amount in figures and in words].

3. The invoice shall make reference to the Framework Contract, this Specific Contract and, if applicable, the document accepting the services provided.

4. Invoices shall be sent to:

European Commission Directorate-General [name] Unit [name] For the attention of [name] [address] B-1049 Brussels

Article 6: ADMINISTRATIVE PROVISIONS 1. The persons responsible for implementing this Specific Contract shall be:

Commission - Administrative matters: [name], Directorate-General [name], [address], B -1049

Brussels

- Technical matters: [name], Directorate-General [name], [address], B -1049 Brussels

Contractor - Administrative matters: [name] and [address]

- Technical matters: [name] and [address]

2. Any communication in connection with this Specific Contract shall be in writing and shall be sent to the persons responsible.

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Article 7: Annexes The following are annexed to and shall form an integral part of this Specific Contract:

Annex 1: Description of tasks – Commission’s order of [date]

Annex 2: Contractor’s specific tender of [ date ]

Annex 3: Framework contract

SIGNATURES Contractor [Company name/first name/surname/function] signature[s ]: _______________________

Commission Tung-Laï MARGUE Director signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Done at [Brussels], [date] Done at Brussels, [date] in duplicate in [English].

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ANNEX IV.3d: CONTRACTOR'S TRAVEL AND SUBSISTENCE EXPENSES

See Annex II.3d to Lot 1 (p. 93).

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ANNEX IV.3e: FINANCIAL GUARANTEE

To be completed on paper bearing the letterhead of the financial institution

For the attention of

European Commission Directorate-General for Justice, Freedom and Security General Affairs Directorate Information and Communication Unit LX 46 7/81 B-1049 Brussels

hereinafter referred to as "the Commission"

Subject: Guarantee No…

Financial guarantee for the repayment of pre-financing payable under Specific Contract No [JLS/…] - [title of the Specific Contract] incorporated in Framework Contract No [JLS/…] – “Helping to organise information and communication work relating to the activities supported by the European Union in the field of Community policies in general and justice, freedom and security in particular” - Lot 3 “Audiovisual material, events, communication campaigns” [contract numbers and titles should be quoted in all correspondence]

We the undersigned, [name and address of financial institution∗], hereby irrevocably declare that we guarantee unconditionally and on first demand as principal debtor on behalf of [name and address of the Contractor] hereinafter referred to as "the Contractor", payment to the Commission of [amount of the pre-financing in euros, in figures and in words], this amount representing the guarantee referred to in Article I.5.4 of Framework Contract No. [JLS/ …] - “Helping to organise information and communication work relating to the activities supported by the European Union in the field of Community policies in general and justice, freedom and security in particular” - Lot 3 “Audiovisual material, events, communication campaigns”, concluded between the Contractor and the Commission, hereinafter referred to as “the Contract”.

∗ If the guarantee is not provided by a bank or a financial organisation, the text of the guarantee must be adapted

accordingly.

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Payment shall be made without objection or legal proceedings of any kind, upon receipt of your first written claim (sent by registered letter with confirmation of receipt) stating that the Contractor has failed to meet one of his contractual obligations. We shall not delay the payment or oppose it for any reason whatsoever. We shall inform you in writing as soon as payment has been made. We accept notably that no amendment to the terms of the Framework Contract agreed between the Commission and the Contractor can release us from our obligation under this guarantee. We waive the right to be informed of any change, addition or amendment to the Framework Contract. We have taken due note of the fact that the financial guarantee will remain in force until payments by the Commission match the proportion of the total amount of the Specific Contract accounted for by prefinancing and that the Commission undertakes to release the guarantee within thirty days following that date. This guarantee is governed by the law applicable to the Framework Contract. The courts having jurisdiction for matters relating to the Framework Contract shall have sole jurisdiction in respect of any dispute arising out of or in connection with this guarantee.

This guarantee shall enter into force and take effect from the date on which it is signed. …………………….. ………………………… (place and date) (signature)79

79 The name(s) and position(s) of the person or persons signing for the guarantor must be written in capital

letters.

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ANNEX IV.3.f: POWER OF ATTORNEY

Agreement / Power of attorney

Model 1

(DESIGNATING ONE OF THE COMPANIES OF THE GROUP AS LEADER AND GIVING A MANDATE TO IT)

We the undersigned: – Signatory 1 (Name, Function, Company, Registered address, VAT Number), – Signatory 2 (Name, Function, Company, Registered address, VAT Number), – … – Signatory N (Name, Function, Company, Registered address, VAT Number), Each of them having the legal capacity required to act on behalf of his/her company, HEREBY AGREE AS FOLLOWS: (1) The Commission has awarded Framework Contract …

(« the Contract ») to Company 1, Company 2, …, Company N (« the Group Members »), based on the joint offer submitted by them on …/…/… for the supply of … and / or the provision of services for … (« the Supplies and/or the Services »).

(2) As co-signatories of the Contract, all the Group Members:

(a) shall be jointly and severally liable towards the European Commission for the performance of the Contract.

(b) shall comply with the terms and conditions of the Contract and ensure the

proper execution of their respective share of the Supplies and/or the Services.

(3) To this effect, the Group Members designate Company X as Group Leader. [N.B.: The Group Leader has to be one of the Group Members]

(4) Payments by the Commission related to the Supplies or the Services shall be made

through the Group Leader’s bank account. [Provide details on bank, address, account number, etc.]

(5) The Group Members grant to the Group Leader all the necessary powers to act on their

behalf in connection with the Supplies and/or the Services. This mandate involves in particular the following tasks:

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(a) The Group Leader shall sign any contractual documents — including the Framework Contract, Specific Agreements and Amendments thereto — and issue any invoices related to the Supplies or the Services on behalf of the Group Members.

(b) The Group Leader shall act as single point of contact for the Commission in

connection with the Supplies and/or the Services to be provided under the Contract. It shall coordinate the provision of the Supplies and/or the Services by the Group Members to the Commission and shall see to a proper administration of the Contract.

Any modification to the present agreement/power of attorney shall be subject to the Commission’s express approval. This agreement/power of attorney shall expire when all the contractual obligations of the Group Members towards the Commission in connection with the Supplies and/or the Services to be provided under the Contract have ceased to exist. The parties cannot terminate it before that date without the Commission’s consent. Signed in … on …/…/… Name Function Company

Name Function Company

Name Function Company

Name Function Company