IPA — EU for Serbia — support to the High Judicial Council (примерный перевод: IPA - ЕС для Сербии - поддержка Высшего Судебного Совета) (Сербия - Тендер #2244773)
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3.Programme title:IPA 2016 national programme for Serbia.
4.Financing:Financing agreement.
5.Contracting authority:European Union, represented by the Delegation of the European Union to the Republic of Serbia on behalf of and for the account of the partner country, Belgrade, REPUBLIC
OF SERBIA.
6.Nature of contract:Fee-based.
7.Contract description:The purpose of this contract is to strengthen the capacities of the High Judicial Council (HJC) and courts in key areas for the execution of their mandate. This includes:1)
enhancing the management capacities of the Council and its staff and strengthening relevant procedures and policies, workflows and managerial structures;2) improving the effectiveness of
disciplinary proceedings;3) improving financial management/budget planning;4) developing an improved mechanism for career development of judges;5) increase ordinary courts" capacities to manage
the work in a more effective manner.To achieve these goals, the contractor will be required to conduct comprehensive analysis of HJC"s business processes and invest effort to streamline internal
procedures in order to make them efficient and transparent.Concerning budget planning, activities will encompass technical support for the use of automated tools for budget planning and control
and monitoring of budget"s execution in individual court.Professional development/career movement for judges, and improving tools for tracking and monitoring disciplinary procedures will also be
the focus of a number of project activities.Furthermore, with reference to management of courts" operation, focus will be given to workflows in the ordinary courts and at improvement on
procedures for faster and more efficient resolution of cases.
8.Number and titles of lots:1 lot only.
9.Maximum budget:2 000 000 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 2 000 000 EUR. Any extension of the contract would be subject to satisfactory performance by the contractor.
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 an eligible country or territory as defined under the 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 (CIR) for the applicable instrument under which the
contract is financed (see also heading 29 below). Participation is also open to international organisations.
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 1 application can be submitted by a natural or legal person whatever the form of participation (as an individual legal entity or as a leader or member of a
consortium submitting an application). In the event that a natural or legal person submits more than 1 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 2.4.3). Shortlisted 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 2.3.3 of the PRAG.
16.Subcontracting:Subcontracting is allowed up to maximum 25 % of the contract value.
17.Number of candidates to be shortlisted: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.
18.Provisional date of invitation to tender:December 2017.
19.Provisional commencement date of the contract:April 2018.
20.Initial period of implementation of tasks:24 months.
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 subcontractors:1) Economic and financial
capacity of candidate (based on item 3 of the application form). In the case of the 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 of the candidate must exceed 1 000 000 EUR.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 5 years from the submission deadline:a) at least 10 permanent staff
currently work for the candidate in fields related to this contract.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 the submission deadline:a) the candidate has provided services under at least 2 projects (the candidate"s portion equal to or greater than 500 000 EUR
for his services in each project) covering altogether at least 2 of the following fields: i) building of management capacities of judicial institutions or courts; ii) capacity building in the
area of human resources, including career development or disciplinary proceedings within the judicial sector; iii) capacity building in financial management/budget planning.This means that the
project 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/tenderers 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 the case of projects still ongoing 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. If a candidate/tenderer has implemented the project in a consortium, the
percentage that the candidate/tenderer 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.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.
It must in that case 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 fulfil the same relevant selection criteria as the economic operator. 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 re-examined to identify the 8 best candidates. The only factors which will be taken into consideration during this
re-examination are:• the total number of the reference projects found eligible under 21.3)a), and in case of equality on this criterion, then• the value of the eligible part (the proportion
carried out by the candidate) of projects found eligible under 21.3)a).
22.Award criteria:Best price-quality ratio.
23.Deadline for receipt of applications:22.11.2017 (16:00), Central European Time.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=BThe 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=AAny 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 recorded delivery (official postal
service) to:attention: Finance and Contract Section, Delegation of the European Union to the Republic of Serbia, Vladimira Popovica 40/V, 11070 New Belgrade, SERBIA.
Delegation-serbia-fcs@eeas.europa.eu Tel. +381.11.3083200.In this case, the delivery record is proof of compliance with the time limit for receipt,• or hand delivered (including courier
services) directly to the contracting authority in return for a signed and dated receipt to:attention: Finance and Contract Section, Delegation of the European Union to the Republic of Serbia,
Vladimira Popovica 40/V, 11070 New Belgrade, SERBIA. Delegation-serbia-fcs@eeas.europa.eu Tel. +381.11.3083200.In this case, the acknowledgment of receipt is proof of compliance with the time
limit for receipt.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 agree 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 communication for this tender procedure and contract must be in English.
28.Date of publication of prior information notice:5.9.2017.
29.Legal basis: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 Regulation (EU) No 231/2014 of the European Parliament and of the Council of 11.3.2014 establishing an Instrument for Pre-Accession Assistance (IPA II).
30.Additional information:Opening hours of the contracting authority: 9:30–16:00 CET.
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