Type of document: Additional information
Country: Belgium
OJEU Ref: (2019/S 138-338736/EN)
Nature of contract: Service contract
Procedure: Not specified
Regulation of procurement: EU Institutions
Additional information
Services
BE-Brussels: Call for Expressions of Interest EACEA/2013/01 for the Establishment of a List of Experts to Assist the Education, Audiovisual and Culture Executive Agency in the Framework of the Management of European Union Programmes
Corrigendum
(Supplement to the Official Journal of the European Union, 14.9.2013, 2013/S 179-308003)
Education, Audiovisual and Culture Executive Agency, avenue du Bourget 1, 1140Brussels, BELGIUM. E-mail: eacea-info@ec.europa.eu
Instead of:
[…]
3) Registration procedure
The objective of this call for expressions of interest is to set up a lot of external experts.
Expressions of interest should be submitted in one of the official languages of the European Union using the online form available through the agency’s website.
Applicants are asked to submit their applications following the instructions provided on the agency website indicated above.
Together with their application form, applicants must provide evidence that they possess the required skills and professional experience relating to the objectives of the programme(s) for which they are applying, as further specified below in point 11.
Inclusion on the list entails no obligation on the part of the Contracting Authority concerning the conclusion of contracts.
[…]
7) Full description of the fields covered by the call for expressions of interest.
The Contracting Authority is launching the present call for expressions of interest to establish a list of experts to assist in the performance of the following tasks:
[…]
(d) assist the Agency by providing opinion and advice in specific cases.
The Contracting Authority may need external expertise for the tasks described above in the following domains of expertise:
1. Erasmus +:
[…]
4) EU Aid Volunteers.
[…]
10) Exclusion criteria.
Candidates shall be excluded from participation in this call if:
(a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;
(b) they or persons having powers of representation, decision making or control over them have been convicted of an offence concerning their professional conduct by a judgement of a competent authority of a Member State which has the force of res judicata;
(c) they have been guilty of grave professional misconduct proven by any means which the Contracting Authority can justify including by decisions of the European Investment Bank and international organisations;
(d) they are not in compliance with 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;
(e) they or persons having powers of representation, decision making or control over them have been the subject of a judgement which has the force of res judicata for fraud, corruption, involvement in a criminal organisation, money laundering or any other illegal activity, where such illegal activity is detrimental to the Union’s financial interests;
(f) they are subject to an administrative penalty for being guilty of misrepresentation in supplying the information required by the Contracting Authority as a condition of participation in a procurement procedure or failing to supply information, or being declared to be in serious breach of their obligation under a contract covered by the budget;
(g) they have a conflict of interest in connection with the contract; a conflict of interest could arise in particular as a result of economic interests, political or national affinities, family or emotional ties or any other relevant connection or shared interest.
Before signing a contract experts shall provide a declaration on their honour stating that they are not in one of the situations of exclusion listed above. In case of doubt, they may be requested to provide supporting evidence of non-exclusion.
[…]
12. Conditions of remuneration and reimbursement of experts
Contracts must be signed by the selected experts, i.e. natural persons. No invoice from private or public law bodies will be accepted.
12.1. Fees:
The selected expert will receive for his/her services rendered in the framework of this call for expression of interest the following amounts:
A working day is considered to be 1 working day of the selected expert, where the normal work time for 1 day respects the law and regulations in force in the country where the services are to be performed. Hours worked beyond normal daily work time shall not be payable. The rates above shall cover the salary costs and all other costs such as social security costs, administrative costs and overhead costs.
12.2) Reimbursement of travel and accommodation expenses and daily allowance:
If needed for the performance of the tasks and provided that it is foreseen in the contract, the selected expert will receive reimbursement for his/her travel and accommodation expenses according to the rules and rates applied by the European Commission indicated in the draft order form and on the basis of original supporting documents (e.g. invoices). If provided for in the contract and in accordance with the terms set therein, the expert may be paid a daily subsistence allowance.
[…]
13.2) Processing of personal data
If processing replies to the present call for expressions of interest involves the recording and processing of personal data (such as: name, address and CV), such data will 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. Unless indicated otherwise, replies to this notice and any personal data requested are required for the purposes indicated above in point 5 and will be processed solely for those purposes by the Contracting Authority indicated in point 2, which is also acting as data controller.
Applicants are informed that for the purposes of safeguarding the financial interests of the Union, personal data may be transferred to the supervisory instances of the Agency (i.e. European Commission, Court of Auditors, European Anti-Fraud Office (OLAF), etc.) and the judicial authorities (i.e. EU courts, European Ombudsman, etc.).
Personal data (name, given name if natural person, address, legal form, registration number and name and given name of the persons with powers of representation, decision-making or control, if legal person) may be registered in the early warning system (EWS) only or both in the EWS and central exclusion database (CED) by the Accounting Officer of the European Commission, should applicants be in one of the situations mentioned in:
— the Commission Decision 2008/969 of 16.12.2008 on the early warning system (for more information see the privacy statement on
), or
— the Commission Regulation 2008/1302 of 17.12.2008 on the central exclusion database (for more information see the privacy statement on ).
As detailed in the abovementioned privacy statement, any party entered into the database has the right of access and rectification of the data concerning it, upon request to the Accounting Officer of the European Commission.
[…]
13.6) ‘Ex post transparency’:
Details on the contractors who have concluded a contract of more than 15 000 EUR per year awarded following the procedure set out at point 5 shall be published on the website of the Contracting Authority no later than 30 June of the year following contract award.
These details include name, locality (address for legal persons and region of origin for natural persons), amount, and subject of the contract. For natural persons, the information shall be removed 2 years after the year of contract award.
[…]
Read:
[…]
3) Registration procedure:
The objective of this call for expressions of interest is to set up a lot of external experts.
Applications may only be submitted via the online electronic exchange system available at the following website address:
Together with their application form, applicants must provide evidence that they possess the required skills and professional experience relating to the objectives of the programme(s) for which they are applying, as further specified below in point 11.
Inclusion on the list entails no obligation on the part of the Contracting Authority concerning the conclusion of contracts.
[…]
7) Full description of the fields covered by the call for expressions of interest.
The Contracting Authority is launching the present call for expressions of interest to establish a list of experts to assist in the performance of the following tasks across the EACEA Programmes:
[…]
(d) assist the Agency by providing opinion and advice in specific cases;
(e) assist the Agency in the evaluation of tenders received in response to calls for tenders.
The Contracting Authority may need external expertise for the tasks described above in the following domains of expertise:
1) Erasmus +:
[…]
4) EU Aid Volunteers;
5) European Solidarity Corps.
5.1) Quality label;
5.2) Volunteering teams in high priority areas.
6) Any other programme which the Agency will manage
[…]
10) Exclusion criteria.
Candidates shall be excluded from participation in this call if:
(a) the person is bankrupt, subject to insolvency or winding-up procedures, its assets are being administered by a liquidator or by a court, it is in an arrangement with creditors, its business activities are suspended or it is in any analogous situation arising from a similar procedure provided for under Union or national law;
(b it has been established by a final judgement or a final administrative decision that the person is in breach of its obligations relating to the payment of taxes or social security contributions in accordance with the applicable law;
(c) it has been established by a final judgement or a final administrative decision that the person is guilty of grave professional misconduct by having violated applicable laws or regulations or ethical standards of the profession to which the person belongs, or by having engaged in any wrongful conduct which has an impact on its professional credibity where such conduct denotes wrongful intent or gross negligence, including, in particular, any of the following:
(i) fraudulently or negligently misrepresenting information required for the verification of the absence of grounds for exclusion or the fulfilment of eligibility or selection criteria or in the performance of a contract or an agreement;
(ii) entering into agreement with other persons or entities with the aim of distorting competition;
(iii) violating intellectual property rights;
(iv) attempting to influence the decision-making process of the Contracting Authority during the award procedure;
(v) attempting to obtain confidential information that may confer upon it undue advantages in the award procedure.
(d) it has been established by a final judgement that the person is guilty any of of the following:
(i) fraud, within the meaning of Article 3 of Directive (EU) 2017/1371 and Article 1 of the Convention on the protection of the European Communities’ financial interests, drawn up by the Council Act of 26.7.1995;
(ii) corruption, as defined in Article 4(2) of Directive (EU) 2017/1371 or active corruption within the meaning of Article 3 of the convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, drawn up by the Council Act of 26.5.1997, or conduct referred to in Article 2(1) of Council Framework Decision 2003/568/JHA, as well as corruption as defined in other applicable laws;
(iii) conduct related to a criminal organisation, as referred to in Article 2 of Council Framework Decision 2008/841/JHA;
(iv) money laundering or terrorist financing, within the meaning of Article 1(3), (4) and (5) of Directive (EU) 2015/849 of the European Parliament and of the Council;
(v) terrorist-related offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA, respectively, or inciting, aiding, abetting or attempting to commit such offences, as referred to in Article 4 of that decision;
(vi) child labour or other offences concerning trafficking in human beings as referred to in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council;
(e) the person has shown significant deficiencies in complying with the main obligations in the performance of a contract or an agreement financed by the Union’s budget, which has led to its early termination or to the application of liquidated damages or other contractual penalties, or which has been discovered following checks, audits or investigations by a Contracting Authority, the European Anti-Fraud Office (OLAF) or the Court of Auditors;
(f) it has been established by a final judgment or final administrative decision that the person has committed an irregularity within the meaning of Article 1(2) of Council Regulation (EC, Euratom) No 2988/95;
(g) it has been established by a final judgment or final administrative decision that the person has created an entity under a different jurisdiction with the intent to circumvent fiscal, social or any other legal obligations in the jurisdiction of its registered office, central administration or principal place of business.
(h) for the situations referred to in points (c) to (g) above the person is subject to:
(i) facts established in the context of audits or investigations carried out by the European Public Prosecutor’s Office after its establishment, the Court of Auditors, the European Anti-Fraud Office (OLAF) or the internal auditor, or any other check, audit or control performed under the responsibility of an authorising officer of an EU institution, of a European office or of an EU agency or body;
(ii) non-final judgments or non-final administrative decisions which may include disciplinary measures taken by the competent supervisory body responsible for the verification of the application of standards of professional ethics;
(iii) facts referred to in decisions of entities or persons being entrusted with EU budget implementation tasks;
(iv) information transmitted by Member States implementing Union funds;
(v) decisions of the Commission relating to the infringement of Union competition law or of a national competent authority relating to the infringement of Union or national competition law;
or (vi) decisions of exclusion by an authorising officer of an EU institution, of a European office or of an EU agency or body.
Before signing a contract experts shall provide a declaration on their honour stating that they are not in one of the situations of exclusion listed above. In case of doubt, they may be requested to provide supporting evidence of non-exclusion.
[…]
12) Conditions of remuneration and reimbursement of experts
Contracts must be signed by the selected experts, i.e. natural persons. No invoice from private or public law bodies will be accepted.
The selected expert will receive for his/her services rendered in the framework of this call for expression of interest the following amounts:
12.1) Fees
Experts shall be remunerated at 450 EUR for each full day of work. In case of remote work the fees will be calculated on the basis of unit cost(s) per task, in accordance with tables set in the methodology for expert fees:
12.2) Allowances and reimbursement of expenses
In addition, allowances and reimbursement of expenses, such as travel, accommodation and subsistence expenses, will be reimbursed under the conditions set out in the contract.
[…]
13.2) Processing of personal data:
If processing replies to the present call for expressions of interest involves the recording and processing of personal data (such as: name, address and CV), such data will be processed pursuant to Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23.10.2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data. Unless indicated otherwise, replies to this notice and any personal data requested are required for the purposes indicated above in point 5 and will be processed solely for those purposes by the Contracting Authority indicated in point 2, which is also acting as Data Controller.
In accordance with Article 15 of the abovementioned Regulation (EU) 2018/1725, information and access to personal data are provided in the privacy statement related to this Call for expressions of interest. For specific information on data protection, you may also contact the Data Protection Officer (DPO) of the relevant Controller at the following email address: eacea-dataprotection@ec.europa.eu
Applicants are informed that for the purposes of safeguarding the financial interests of the Union, personal data may be transferred to the supervisory instances of the Agency (i.e. European Commission, Court of Auditors, European Anti-Fraud Office (OLAF), etc.) and the judicial authorities (i.e. EU courts, European Ombudsman, etc.).
Personal data may be registered in the early detection and exclusion system (EDES) by the Accounting Officer of the European Commission, should applicants be in one of the situations mentioned in Article 136(1) of the Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18.7.2018 on the financial rules applicable to the general budget of the Union (‘the Financial Regulation’) which entered into force on 2.8.2018 (see the privacy statement on the following link:
tement_edes_en.pdf)
As detailed in the abovementioned privacy statement, any party entered into the database has the right to access, rectify, erase or restrict the processing of the data concerning it, upon request to the authorising officer responsible or the Data Protection Officer of the Commission.
[…]
13.6) ‘Ex post transparency’:
Details on the contractors who have concluded a contract of more than 15 000 EUR per year awarded following the procedure set out at point 5 shall be published on the website of the Contracting Authority no later than 30 June of the year following the signature of the contract.
These details include name, locality (address for legal persons and region of origin for natural persons), amount, and subject of the contract. For natural persons, the information shall be removed 2 years after the year of the signature of the contract.
[…]