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Procurement Notice Details

Insc - support to the regulatory authority of ghana – gh3.01/18
Ghana

Purchaser: European Union, represented by the European Commission on behalf of and for the account of the partner country
Website link: http://www.nuclearmarket.com/proc/msk.cfm?id=80843

18/03/2019 S54 External aid programmes - Services - Contract notice - Restricted procedure
Belgium-Brussels: INSC - Support to the Regulatory Authority of Ghana – GH3.01/18

2019/S 054-123602

Location — Ghana

Service Contract Notice



1.
Publication reference
EuropeAid/140066/DH/SER/GH
2.
Procedure
Restricted
3.
Programme title
INSC – Instrument for Nuclear Safety Cooperation
4.
Financing
Budget Line 21.060100
5.
Contracting Authority
European Union, represented by the European Commission on behalf of and for the account of the partner country, Ghana, Brussels, BELGIUM

Clarifications may be sought from the Contracting Authority at the following email address EuropeAid-TENDERS-140066@ec.europa.eu at the latest 21 days before the deadline for submission of applications stated at the point 23 below.

Clarifications will be published on the website of DG International Cooperation and Development at the latest 5 days before the deadline.

Contract Specification

6.
Nature of contract
Fee-based
7.
Contract description
The overall objective of the project is to ensure the strength and effective independence of the Nuclear Regulatory Authority of Ghana.
To meet that objective, the following actions will be implemented:
— to refine the strategy and plans to enhance the capacity and effectiveness of NRA,
— to establish an integrated management system for NRA,
— to establish plans for human resources development and training within NRA,
— to establish the basic safety principles, requirements and criteria needed to deploy new nuclear power reactors in Ghana,
— to enhance the capabilities and expertise of NRA on site licensing activities,
— to establish a strategy for public communication of NRA.
8.
Number and titles of lots
One lot only
9.
Maximum budget
1 200 000 EUR
10.
Scope for additional services
The Contracting Authority may, at its own discretion, extend the project in duration and/or scope subject to the availability of funding up to the estimated amount of approximately 1 200 000 EUR. Any extension of the contract would be subject to satisfactory performance by the contractor.

Conditions of Participation

11.
Eligibility
Participation is open to all natural persons who are nationals of and legal persons (participating either individually or in a grouping – consortium – of tenderers) which are effectively established in a Member State of the European Union or in a eligible country or territory as defined under the Regulation (EU) No. 236/2014 establishing common rules and procedures for the implementation of the Union's instruments for external action (CIR) for the applicable instrument under which the contract is financed (see also heading 29 below). Participation is also open to international organisations.
Please be aware that after the United Kingdom's withdrawal from the EU, the rules of access to EU procurement procedures of economic operators established in third countries will apply to candidates or tenderers from the United Kingdom depending on the outcome of negotiations. In case such access is not provided by legal provisions in force at the time of contract award, candidates or tenderers from the United Kingdom could be rejected from the procurement procedure.
12.
Candidature
All eligible natural and legal persons (as per Item 11 above) or groupings of such persons (consortia) may apply.
A consortium may be a permanent, legally-established grouping or a grouping which has been constituted informally for a specific tender procedure. All members of a consortium (i.e., the leader and all other members) are jointly and severally liable to the Contracting Authority.
The participation of an ineligible natural or legal person (as per Item 11) will result in the automatic exclusion of that person. In particular, if that ineligible person belongs to a consortium, the whole consortium will be excluded.
13.
Number of applications
No more than one application can be submitted by a natural or legal person whatever the form of participation (as an individual legal entity or as leader or member of a consortium submitting an application). In the event that a natural or legal person submits more than one application, all applications in which that person has participated will be excluded.
14.
Shortlist alliances prohibited
Any tenders received from tenderers comprising firms other than those mentioned in the short-listed application forms will be excluded from this restricted tender procedure unless prior approval from the Contracting Authority has been obtained (see practical guide – PRAG – 2.6.3.). Short-listed candidates may not form alliances or subcontract to each other for the contract in question.
15.
Grounds for exclusion
As part of the application form, candidates must submit a signed declaration, included in the standard application form, to the effect that they are not in any of the exclusion situations listed in Section 2.6.10.1. of the PRAG.
Candidates included in the lists of EU restrictive measures (see Section 2.4. of the PRAG) at the moment of the award decision cannot be awarded the contract.
16.
Sub-contracting
Subcontracting is allowed
17.
Number of candidates to be short-listed
On the basis of the applications received, between 4 and 8 candidates will be invited to submit detailed tenders for this contract. If the number of eligible candidates meeting the selection criteria is less than the minimum of 4, the Contracting Authority may invite the candidates who satisfy the criteria to submit a tender.

Provisional Timetable

18.
Provisional date of invitation to tender
May 2019
19.
Provisional commencement date of the contract
September 2019
20.
Initial period of implementation of tasks
36 months

Selection and Award Criteria

21.
Selection criteria
The following selection criteria will be applied to candidates. In the case of applications submitted by a consortium, these selection criteria will be applied to the consortium as a whole unless specified otherwise. The selection criteria will not be applied to natural persons and single-member companies when they are sub-contractors.
1) Economic and financial capacity of candidate (based on Item 3 of the application form). In case of candidate being a public body, equivalent information should be provided. The reference period which will be taken into account will be the last 3 years for which accounts have been closed.
(a) the average annual turnover for the last 3 accounting years (2015, 2016, 2017) must exceed 800 000 EUR. The average is calculated as sum of the annual turnover of the candidate for each year (2015, 2016, 2017) divided by 3. The template should be adapted accordingly.
2) Professional capacity of candidate (based on Items 4 and 5 of the application form). The reference period which will be taken into account will be the last 3 years from submission deadline.
(a) for each of the last 3 years (2016, 2017, 2018), there are at least 40 permanent staff working for the candidate and composed as follows:
(i) a minimum of 30 permanent staff in the field of nuclear safety assessment directly supporting the nuclear installations' licensing or regulatory activities of a nuclear safety authority of an EU or EFTA member state; and
(ii) a minimum of 10 permanent staff performing nuclear installation's licensing or regulatory activities at a nuclear safety authority of an EU or EFTA member state.
Please adapt the relevant table in the application form in order to reflect the number of staff for each field and for each year.
Please be aware that this professional selection criterion implies that if the candidate is not itself a nuclear safety authority of an EU/EFTA member state, it needs to include in its consortium a member who is a nuclear safety authority of an EU/EFTA Member State.
3) Technical capacity of candidate (based on Items 5 and 6 of the application form). The reference period which will be taken into account will be the last 5 years from submission deadline.
1) The candidate has successfully implemented as a leader (i.e. implementation of a minimum of 50 % of the project budget by the candidate) at least one project (with a budget of at least 500 000 EUR) in the field of:
(i) nuclear safety assessment; and/or
(ii) technical support activities.
Directly supporting nuclear installations' licensing or regulatory activities of a nuclear safety authority of an EU or EFTA member state.
Additionally, the above projects must have been implemented in an EU or EFTA Member State.
2) Among the projects meeting the criterion 21.3.1 above, the Contracting Authority will retain the projects which cover at least 4 of the following technical areas:
(a) support to the development of a regulatory framework and regulatory procedures for nuclear and radiological safety;
(b) support to human resources development and training for nuclear safety authorities;
(c) development of basic safety principles, requirements and criteria for new power reactors;
(d) licensing of sites for new power reactors, including seismic risk evaluation and other external hazards;
(e) public communication and stakeholder involvement for nuclear safety authorities.
Projects used as reference for criteria 21.3.1) and 21.3.2) must have been implemented at any moment in the reference period (March 2014 — March 2019).
This means that each of the projects claimed by the candidate to meet these criteria could have been started or completed at any time during the indicated period but it does not necessarily have to be started and completed during that period, nor implemented during the entire period. Candidates are allowed to refer either to projects completed within the reference period (although started earlier) or to projects not yet completed. In the first case the project will be considered in its whole if proper evidence of performance is provided (statement or certificate from the entity which awarded the contract, proof of final payment). In case of projects still on-going only the portion satisfactorily completed during the reference period although started earlier will be taken into consideration. This portion will have to be supported by documentary evidence (similarly to projects completed) also detailing its value. In this case, a precise budget and a description of the tasks which were implemented until the end of the reference period shall be added in the detailed description of the project in the application form. Please adapt the table in the submission form accordingly.
If a candidate has implemented the project in a consortium, the percentage that the candidate has successfully completed must be clear from the documentary evidence, together with a description of the nature of the services provided if the selection criteria relating to the pertinence of the experience have been used. Documentary evidence is not required at the application stage but will be requested with the invitation to tender.
Previous experience which caused breach of contract and termination by a Contracting Authority shall not be used as reference.
An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. Some examples of when it may not be considered appropriate by the Contracting Authority are when the tender rely in majority on the capacities of other entities or when they rely on key criteria. If the tenderer relies on other entities it must prove to the Contracting Authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing a commitment on the part of those entities to place those resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility — notably that of nationality – and must comply with the selection criteria for which the economic operator relies on them. Furthermore, the data for this third entity for the relevant selection criterion should be included in the tender in a separate document. Proof of the capacity will also have to be furnished when requested by the Contracting Authority.
With regard to technical and professional criteria, an economic operator may only rely on the capacities of other entities where the latter will perform the works or services for which these capacities are required.
With regard to economic and financial criteria, the entities upon whose capacity the tenderer relies, become jointly and severally liable for the performance of the contract.
If more than 8 eligible candidates meet the above selection criteria, the relative strengths and weaknesses of the applications of these candidates must be reexamined to identify the eight best candidates. The only additional comparative criteria that will be taken into consideration during this re-examination, in the order that they appear below, are:
1) The total number of projects meeting the criterion 21.3.1 above;
2) The total number of technical areas covered by the projects meeting the criterion 21.3.2.
N.B.: additional comparative criterion 2) will be applied only if the number of eligible candidates remain higher than 8 after applying additional comparative criterion 1).
22.
Award criteria
Best price-quality ratio.

Application

23.
Deadline for receipt of applications
The candidate attention is drawn to the fact that there are 2 different systems for sending applications: one is by post or private mail service, the other is by hand delivery.
In the first case, the application must be sent before the date and time limit for submission, as evidenced by the postmark or deposit slip(1), but in the second case it is the acknowledgment of receipt given at the time of the delivery of the application that will serve as proof.
The deadline for receipt of applications is: 17.4.2019, at 16:00 Central European Time.
Any application sent to the Contracting Authority after this deadline will not be considered.
The Contracting Authority may, for reasons of administrative efficiency, reject any application submitted on time to the postal service but received, for any reason beyond the Contracting Authority's control, after the effective date of approval of the short-list report, if accepting applications that were submitted on time but arrived late would considerably delay the evaluation procedure or jeopardise decisions already taken and notified.
(1) It is recommended to use registered mail in case the postmark would not be readable.
24.
Application format and details to be provided
Applications must be submitted using the standard application form, the format and instructions of which must be strictly observed. The application form is available from the following internet address:
http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=B

The application must be accompanied by a declaration of honour on exclusion and selection criteria using the template available from the following internet address:
http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=A

Any additional documentation (brochure, letter, etc.) sent with an application will not be taken into consideration.
25.
How applications may be submitted
Applications must be submitted in English exclusively to the contracting authority in a sealed envelope:
— either by post or by courier service, in which case the evidence shall be constituted by the postmark or the date of the deposit slip, to:
European Commission
Directorate General for International Cooperation and Development — EuropeAid
Unit B6
EuropeAid/140066/DH/SER/GH
Avenue du Bourget, 1
Office L-41 03/110
B-1049 Brussels – BELGIUM
(Tel. +32 2 299 79 16)
— or hand delivered by the candidate in person or by an agent directly to the premises of the Contracting Authority in return for a signed and dated receipt, in which case the evidence shall be constituted by this acknowledgement of receipt, to:
European Commission
Directorate General for International Cooperation and Development — EuropeAid
Unit B6
EuropeAid/140066/DH/SER/GH
Avenue du Bourget, 1
Office L-41 03/110
B-1140 Brussels – BELGIUM
(Tel. +32 2 299 79 16)
N. B.: This department is open from 7:00 to 17:30 from Monday to Friday; it is closed on Saturdays, Sundays and EU Commission holidays.
The contract title and the Publication reference (see item 1 above) must be clearly marked on the envelope containing the application and must always be mentioned in all subsequent correspondence with the Contracting Authority.
Applications submitted by any other means will not be considered.
By submitting an application candidates accept to receive notification of the outcome of the procedure by electronic means. Such notification shall be deemed to have been received on the date upon which the Contracting Authority sends it to the electronic address referred to in the application.
26.
Alteration or withdrawal of applications
Candidates may alter or withdraw their applications by written notification prior to the deadline for submission of applications. No application may be altered after this deadline.
Any such notification of alteration or withdrawal shall be prepared and submitted in accordance with Item 25. The outer envelope (and the relevant inner envelope if used) must be marked “Alteration” or “Withdrawal” as appropriate.
27.
Operational language
All written communications for this tender procedure and contract must be in English.
28.
Date of publication of prior information notice
28.1.2019
Notice number in OJ: 2019/S 019-039910

29.
Legal basis(2)
Regulation (EU) No. 236/2014 of the European Parliament and of the Council of 11.3.2014 laying down common rules and procedures for the implementation of the Union's instruments for financing external action and Council Regulation (EURATOM) No. 237/2014 of 13.12.2013 establishing an Instrument for Nuclear Safety Cooperation. See Annex A2 of the Practical Guide.
(2) Please state any specificity that might have an impact on rules on participation (such as geographic or thematic or long/short term).
30.
Additional information
N/a.



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