Rental of Printers and Manage Print Services no.3 Pristina – Kosovo

SUPPLY CONTRACT NOTICE

PROC/1137/22/Rental of Printers and Manage Print Services no.3 Pristina – Kosovo

Iznajmljivanje štampača i upravljanje uslugama štampanja br.3 Priština – Kosovo

1. Publication reference

PROC/1137/22

2. Procedure

Local Open

3. Programme title

Council Decision (CFSP) 2021/904 of 03 June 2021 amending the Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (EULEX Kosovo).

4. Financing

CFSP/2021/15/EULEX Kosovo

5. Contracting authority

EULEX Kosovo

CONTRACT SPECIFICATIONS

6. Description of the contract

The subject of the framework contract is the Rental of Printers and managed print services (see Annex II and III of the Tender Dossier for the relevant description of the items and the estimated quantities of items that MAY be purchased during the duration of the framework contract) in 1 (one) lot at EULEX Kosovo, Pristina, DAP1.

The framework contract shall be concluded for a period of one (1) year with effect on the date on which it commences. The contract shall be renewed automatically for a period of 12 (twelve) additional months under the same conditions, unless written notification to the contrary is sent by one of the parties and received by the other 5 (five) months before expiry of the first year of the contract. Renewal does not imply any modification or deferment of existing obligations (although the Framework contract may be terminated at short notice.

Deliveries shall take place within 10 calendar days delivery for used machines and 90 calendar days delivery for new machinesafter the signature of a “purchase order” by both parties. The contractor shall provide the countersigned purchase order within 5 calendar days from its receipt from the Contracting Authority.

7. Number and titles of lots

One lot only

TERMS OF PARTICIPATION

8. Eligibility and rules of origin

Participation is open only to the invited tenderers either natural persons and/or legal persons participating either individually or in a grouping (consortium), as authorized by Council Decision (CFSP) 2016/1990 of 14 November 2016 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO). The participation of natural and legal persons in the award of procurement contracts financed out of the Missions budget is open without limitations. Participation is also open to international organisations.

No rule of origin is applied.

9. Grounds for exclusion

Tenderers must submit a signed declaration, included in the tender form for a supply contract, to the effect that they are not in any of the situations listed in Section 2.6.10.1. of the practical guide.

Tenderers 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.

10. Number of tenders

Tenders for parts of a lot will not be considered. Tenderers may not submit a tender for a variant solution in addition to their tender for the supplies required in the tender dossier.

Any tenderer may state in its tender that it would offer a discount in the event that its tender is accepted for more than one lot.

11. Tender guarantee

Tenderers must provide an original tender guarantee of 3,500.00 Euros when submitting their tender. This guarantee will be released to unsuccessful tenderers once the tender procedure has been completed and to the successful tenderer upon signature of the contract by all parties. This guarantee will be called upon if the tenderer does not fulfil all obligations stated in its tender.

12. Performance guarantee

A performance guarantee will be required only if the value of the individual Purchase Order is equal or above 20.000 Euros at the time of the issuance of the Purchase Order referred to in the contract and it is set at 5 % of the amount of the Purchase Order. The Performance Guarantee must be presented in the form specified in the annex to the

tender dossier. It will be released within 60 days of the issue of the final acceptance certificate by the Contracting Authority, except for the proportion assigned to after-sales service. This guarantee must be provided together with the return of the countersigned Purchase Order no later than 30 days after the tenderer receives the Purchase Order signed by the contracting authority. If the selected tenderer fails to provide such a guarantee within this period, the Purchase Order will be void.

13. Information meeting and/or site visit

No information meeting is planned

14. Tender validity

Tenders must remain valid for a period of 90 days after the deadline for submission of tenders. In exceptional circumstances, the contracting authority may, before the validity period expires, request that tenderers extend the validity of tenders for a specific period (see para 8.2 of the instructions to tenderers).

15. Period of implementation of tasks

The framework contract shall be concluded for a period of one (1) year with effect on the date on which it commences. The contract shall be renewed automatically for a period of 12 (twelve) additional months under the same conditions, unless written notification to the contrary is sent by one of the parties and received by the other 5 (five) months before expiry of the first year of the contract. Renewal does not imply any modification or deferment of existing obligations (although the Framework contract may be terminated at short notice. See article 36 of the special conditions of the draft contract).

The framework contract will be implemented by means of “purchase orders” which implementation date (governing the 10 calendar days delivery for used machines and 90 calendar days delivery for new machines) will start on the date of signature of a “purchase order” by both parties.

SELECTION AND AWARD CRITERIA

16. Selection criteria

The following selection criteria will be applied to tenderers. In the case of tenders 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 tenderer (based on i.a. item 3 of the tender form for a supply contract). In case of tenderer 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 annual turnover of the tenderer for the last three years must exceed 200,000.00 Euros.

2) Professional capacity of tenderer (based on i.a. items 4 and 5 of the tender form for a supply contract). The reference period which will be taken into account will be the last three years preceding the submission deadline.

a. The tenderer has a minimum of 3 (three) technicians, certified to maintain and support the offered devices and 1 (one) dedicated Account Manager who will be point of contact for this contract.

b. The tenderer has a MAF for supply of the offered Printers & Multi-Functional Printers from the manufacturer’s portfolio.

c. The tenderer has Certificate/Authorization to provide Managed Print Services.

3) Technical capacity of tenderer (based on i.a. items 5 and 6 of the tender form for a supply contract). The reference period which will be taken into account will be the last three years preceding the submission deadline.

a. The tenderer has delivered supplies and services under at least 1 (one) contract with a budget at least 75,000.00 Euros in fields related to the contract which was implemented at any moment in the past three (3) years from the submission deadline (i.e. from 2019 to 2022).

This means that the contract the tenderer 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. 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, final acceptance). In case of projects still on-going only the portion satisfactorily completed during the reference period will be taken into consideration. This portion will have to be supported by documentary evidence (similarly to projects completed) also detailing its value.

Capacity-providing entities

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 performance of the contract 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 and notably that of nationality, as the economic operator relying on them 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, a tenderer may only rely on the capacities of other entities where the latter will perform the tasks 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.

17. Award criteria

Price

TENDERING

18. How to obtain the tender dossier

The tender dossier is available from the following Internet address: https://www.eulex-kosovo.eu/?page=2,6. The tender dossier is also available from the contracting authority. Tenders must be submitted using the standard tender form for a supply contract included in the tender dossier, whose format and instructions must be strictly observed.

Tenderers with questions regarding this tender should send them in writing to

EULEX Kosovo – Procurement Section

Ndertesa Farmed

“Muharrem Fejza” p.n.

Lagjja Spitalit

10000 Pristina, Kosovo E-mail: tenders@eulex-kosovo.eu

(mentioning the publication reference shown in item 1) at the latest 21 days before the deadline for submission of tenders given in item 19. The contracting authority must reply to all tenderers questions at the latest 11 days before the deadline for submission of tenders. Eventual clarifications or minor changes to the tender dossier shall be published at the latest 11 days before the submission deadline on the website of DG International Cooperation and Development at https://www.eulex-kosovo.eu/?page=2,6.

19. Deadline for submission of tenders

The tenderers attention is drawn to the fact that there are two different systems for sending tenders: one is by post or private mail service, the other is by hand delivery.

Given the specific circumstances, the Contracting Authority exceptionally allows for sending offers by e-mail to tenders@eulex-kosovo.eu. Please note that the deadline of dispatch is the same for both electronic and paper.

In the first case, the tender must be sent before the date and time limit for submission, as evidenced by the postmark or deposit slip2, but in the second case it is the

acknowledgment of receipt given at the time of the delivery of the tender which will serve as proof.

On 26/09/2022 at 15:00 hrs, (Kosovo time zone) at EULEX, Procurement Section, Ndertesa Farmed, “Muharrem Fejza” p.n. Lagja e Spitalit, 10000 Pristina, Kosovo.

Any tender submitted to the contracting authority after this deadline will not be considered.

The contracting authority may, for reasons of administrative efficiency, reject any tender submitted on time to the postal service but received, for any reason beyond the contracting authoritys control, after the effective date of approval of the evaluation report, if accepting tenders that were submitted on time but arrived late would considerably delay the evaluation procedure or jeopardise decisions already taken and notified.

How tenders may be submitted

Tenders 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 :

EULEX Kosovo – Procurement Section

Ndertesa Farmed

“Muharrem Fejza” p.n.

Lagja e Spitalit

10000 Pristina, Kosovo E-mail: tenders@eulex-kosovo.eu

· OR hand delivered by the participant 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:

EULEX Kosovo – Procurement Section

Ndertesa Farmed

“Muharrem Fejza” p.n.

Lagja e Spitalit

10000 Pristina, Kosovo E-mail: tenders@eulex-kosovo.eu

The contract title and the Publication reference (see item 1 above) must be clearly marked on the envelope containing the tender and must always be mentioned in all subsequent correspondence with the contracting authority.

Tenders submitted by any other means will not be considered.

By submitting a tender 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 tender.

20. Tender opening session

On 26/09/2022 at 15:30 hrs, (Kosovo time zone) at EULEX, Procurement Section, Ndertesa Farmed, “Muharrem Fejza” p.n. Lagja e Spitalit, 10000 Pristina, Kosovo.

Given the specific circumstances, the tender opening session may be organised by video conference.

In the case that at the date of the opening session some tenders have not been delivered to the contracting authority but their representatives can show evidence that they have been sent on time, the contracting authority will allow them to participate in the first opening session and inform all representatives of the tenderers that a second opening session will be organised.

21. Language of the procedure

All written communications for this tender procedure and contract must be in English.

22. Legal basis3

Council Joint Action 2008/124/CFSP of 04 February 2008, on the European Union Rule of Law Mission in Kosovo, (hereafter “EULEX Kosovo”) as amended by Joint Action 2009/445/CFSP of 9 June 2009 and by Council Decision 2010/322/CFSP of 8 June 2010, Council Decision 2012/291/CFSP of 5 June 2012, Council Decision 2013/241/CFSP of 27 May 2013, Council Decision 2014/349/CFSP of 12 June 2014, Council Decision 2014/685/CFSP of 29 September 2014 and Council Decision (CFSP)2015/901 of 11 June 2015, Council Decision (CFSP)2016/947 of 14 June 2016, Council Decision (CFSP) 2016/1990 of 14 November 2016 Council Decision (CFSP) 2017/973 of 8 June 2017, Council Decision (CFSP) 2018/856 of 8 June 2018, Council Decision (CFSP) 2020/792 of 11 June 2020 and Council Decision (CFSP) 2021/904 of 03 June 2021.

23. Additional information

Financial data to be provided by the tenderer in the standard tender form must be expressed in EUR. If applicable, where a tenderer refers to amounts originally expressed in a different currency, the conversion to EUR shall be made in accordance with the InforEuro exchange rate of September 2022, which can be found at the following address: http://ec.europa.eu/budget/graphs/inforeuro.html