ChangesInstead of:

[...]

18. Provisional date of invitation to tender

July 2020

[...]

19. Provisional commencement date of the contract

November 2020

[...]

23. Deadline for submission of applications

The candidate’s attention is drawn to the fact that there is only one system for sending applications: by electronic means via email. The application must be sent before the date and time limit for submission, as evidenced by the date and time of arrival of the email in the functional mailbox and as indicated in the received email.

6 July 2020 17.00 Kyiv time (GMT+2).

Any application received by the contracting authority after this deadline will not be considered.

[...]

Read:

[...]

18. Provisional date of invitation to tender

September 2020

[...]

19. Provisional commencement date of the contract

February 2021

[...]

23. Deadline for submission of applications

The candidate’s attention is drawn to the fact that there is only one system for sending applications:

By electronic means via email. The application must be sent before the date and time limit for submission, as evidenced by the date and time of arrival of the email in the functional mailbox and as indicated in the received email.

19 August 2020 17.00 Kyiv time (GMT+2).

Any application received by the contracting authority after this deadline will not be considered.

[...]

European Union, Brussels, BELGIUM

Deadline Date2020-08-19
Publication Date2020-06-30
CountryBelgium
Procurement StatusAmended
TypeRestricted procedure
Contract TypeServices
Award CriteriaThe most economic tender
OrganisationEuropean Union
TownBrussels
Class Code71356200
Class DescriptionTechnical assistance services
SourceOffice for Official Publications of the European Communities - Tenders electronic daily (Ted)

Version of 2020-06-05

ENI - Assistance to the National Securities and Stock Market Commission (NSSMC) in Improvement of Ukraine's Energy Commodity Markets and Commodity Products Organized Trading in Ukraine

Changes1.Publication reference

EuropeAid/140668/DH/SER/UA

2.Procedure

Restricted

3.Programme title

Technical Cooperation Facility 2019: ENI/2019/041-718

4.Financing

Financing agreement

5.Contracting Authority

European Union, represented by the European Commission on behalf of and for the account of Ukraine, Brussels, BELGIUM

Clarifications may be sought from the contracting authority at the following email address DELEGATION-UKRAINE-TENDERS@eeas.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 Specification6.Nature of contract

Fee-based

7.Contract description

The overall objective of the project is to support the implementation of reforms in Ukraine’s energy-related financial sector and to strengthen the framework for organized trade of energy commodities in line with the best practices of the EU Member States and where relevant in line with the EU acquis.

The project is designed to support the National Securities and Stock Market Commission in the implementation of reforms towards the development of Ukrainian energy commodity trading.

The existing Ukrainian Capital Market Infrastructure (CMI), including trading venues and post trade infrastructure are heavily fragmented and partly inefficient. This requires a comprehensive review of the CMI framework.

The lack of a transparent and clear mechanism for the registry of ownership of energy commodities, risk management and financial instruments, trading of energy commodities (natural gas, oil, electricity, etc.) on the exchanges in the current uncertain legal and economic environment do not contribute to the development of transparent and competitive market.

8.Number and titles of lots

One lot only

9.Maximum budget

EUR 1 500 000

10.Scope for additional services

The contracting authority may, at its own discretion, extend the service contract in duration and/or scope subject to the availability of funding up to the estimated amount of EUR 2 000 000. Any extension of the contract would be subject to satisfactory performance by the contractor.

Conditions of Participation11.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.

For UK candidates: please be aware that following the entry into force of the EU-UK Withdrawal Agreement(*) on 1 February 2020 and in particular Articles 127(6), 137 and 138, the references to natural or legal persons residing or established in a Member State of the European Union are to be understood as including natural or legal persons residing or established in the United Kingdom. UK residents and entities are therefore eligible to participate under this call.

(*) Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community

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 shortlisted 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 Timetable18.Provisional date of invitation to tender

July 2020

19.Provisional commencement date of the contract

November 2020

20.Initial period of implementation of tasks

24 months

Selection and Award Criteria21.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 three financial years for which accounts have been closed.

— The average turnover of the candidate of the last 3 financial years, for which the accounts have been closed, must exceed EUR 500 000. In case of a consortium this criterion must be fulfilled by the consortium as a whole; and

— Current ratio (current assets/current liabilities) in the last year for which accounts have been closed must be at least 1. In case of a consortium this criterion must be fulfilled by each member.

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 preceding the submission deadline.

— At least 3 members of staff currently work for the candidate in fields related to this contract in the last 3 years from the submission deadline.

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 3 years preceding the submission deadline.

3.1 The candidate has provided services under at least 1 (one) contract with a budget of at least EUR 200 000 for one or several EU Member States, candidate countries for the EU membership or country having signed an Association Agreement with the EU. The services provided in the contract should have targeted at least one of the following elements in the field of the technical assistance in transposition and implementation of the EU’s acquis:

3a) Consultancy services related to legislation approximation or development of the secondary legislation in the area of implementation of EU Directives related to MIFID II or EMIR and REMIT provisions relevant to financial market;

3b) Consultancy services related to the restructuring of institutional framework to increase the capacity and effectiveness of the Financial Regulator;

3c) Implementation of trainings for Financial and /or Energy Regulators as well as for the regulated entities in the areas covered by 3a) or 3b).

This means that the service contract the candidate refers to 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 service contracts completed within the reference period (although started earlier) or to service contracts not yet completed. In the first case the service contract 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 service contracts 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 service contracts completed) also detailing its value. If a candidate has implemented the service contract 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.

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 the performance of the contract by producing a commitment by 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 provided 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 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, their relative strengths and weaknesses must be re-examined in order to rank their applications and identify the 8 best candidates in accordance with point 17 of this contract notice. The only additional comparative criteria that will be taken into consideration during this re-examination, in the order in which they appear below, are:

1) The highest number of service contracts that meet criterion 3a) and/or 3b);

2) The highest cumulated value of all the service contracts that meet criterion 3c).

N.B.: additional comparative criterion No 1 shall be applied to all the eligible candidates that meet the selection criteria. If, after applying additional comparative criterion No 1, it is not possible to identify the 8 best candidates because two or more candidates are tied for the 8th position, additional comparative criterion No 2 shall be applied only to these tied candidates.

22.Award criteria

Best price-quality ratio.

Application23.Deadline for submission of applications

The candidate’s attention is drawn to the fact that there is only one system for sending applications:

By electronic means via email.

The application must be sent before the date and time limit for submission, as evidenced by the date and time of arrival of the email in the functional mailbox, and as indicated in the received email.

6 July 2020 17.00 Kyiv time (GMT+2)

Any application received by the contracting authority after this deadline will not be considered.

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 scanned and signed copy of declaration on honour on exclusion and selection criteria in pdf format using the template available from the following Internet address: http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=A together with the commitment to send original signed declarations (blue-ink) at a later stage.

Any additional documentation (brochure, letter, etc.) sent with an application will not be taken into consideration.

25.How applications may be submitted

Due to the exceptional circumstances linked to the Covid-19 crisis, applications must be submitted to the contracting authority in English exclusively via an email sent to the following functional mailbox: DELEGATION-UKRAINE-140668-APPLICATION@eeas.europa.eu, in which case the evidence shall be constituted by the date and time of arrival of the email in the functional mailbox as indicated in the email. It is the sole responsibility of the candidates to send their applications to the appropriate functional mailbox and within the deadline. Candidates are recommended to leave at their discretion a safety margin between the moment the email with their application is sent and the final date and time of submission.

Candidates will receive a formal acknowledgment (from the following functional mailbox: DELEGATION-UKRAINE-TENDERS@eeas.europa.eu) of the date and time of receipt of their applications after the deadline for submission has expired. Specific acknowledgments of receipt (and not automatic replies) will be used for all subsequent electronic correspondence with the candidates.

— The application must be sent from a corporate entity e-mail account, with an electronic address that has a domain that corresponds to the candidate.

— The contract title and the publication reference (see item 1 above) must be clearly written in the subject of the email sent to the functional mailbox. They must always be mentioned in all subsequent correspondence with the contracting authority.

— The standard application form and the declaration(s) on honour on exclusion and selection criteria mentioned in point 24 above must be dated and signed by the candidate’s legal representatives and attached to the sent email as a scanned PDF document.

— Since functional mailboxes have in general a size limit of 30 MB for a single message including its attachments, in case applications entail larger documents, candidates are permitted to submit non-confidential parts of the applications through file sharing software. In this case, candidates shall inform the contracting authority in the text of their email.

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 subject of the email must indicate ‘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

31 January 2020

OJ/S S22 EuropeAid/140668/DH/SER/UA

The notice number in OJ S may be found under the title of the service contract in the published notice on the EuropeAid webpage.

29.Legal basis

Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down common rules and procedures for the implementation of the Union's instruments for financing external action and Regulation (EU) No. 232/2014 of the European Parliament and of the Council of 11 March 2014 adopting general provisions establishing a European Neighborhood Instrument (ENI Regulation).

30.Additional information

Financial data to be provided by the candidate in the standard application form must be expressed in EUR. If applicable, where a candidate refers to amounts originally expressed in a different currency, the conversion to EUR shall be made in accordance with the InforEuro exchange rate of June 2020, which can be found at the following address: http://ec.europa.eu/budget/graphs/inforeuro.html.

Deadline Date2020-07-06
Publication Date2020-06-05
CountryBelgium
Procurement StatusActive
TypeRestricted procedure
Contract TypeServices
Award CriteriaThe most economic tender
OrganisationEuropean Union
TownBrussels
Class Code71356200
Class DescriptionTechnical assistance services
SourceOffice for Official Publications of the European Communities - Tenders electronic daily (Ted)

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