TENDER FILE / TERMS OF REFERENCE

(Competitive bidding procedure / Framework Contract)

Purchase of consultancy services in the field of execution of the ECtHR judgments

Contract N°FC/3425/01/2023

The Council of Europe is currently implementing and until 30.06.2024 a Project on “Support to efficient domestic capacity for the execution of ECtHR judgments (Phase 1)”. In that context, it is looking for Provider(s) for the provision of consultancy services in the field of execution of the ECtHR judgments to be requested by the Council on an as needed basis.

A.    TENDER RULES

This tender procedure is a competitive bidding procedure. In accordance with Rule 1395 of the Secretary General of the Council of Europe on the procurement procedures of the Council of Europe[1], the Organisation shall invite to tender at least three potential providers for any purchase between €2,000 (or €6,000 for intellectual services) and €55,000 tax exclusive.

This specific tender procedure aims at concluding a framework contract for the provision of deliverables described in the Act of Engagement (See attached). A tender is considered valid for 120 calendar days as from the closing date for submission. The selection of tenderers will be made in the light of the criteria indicated below. All tenderers will be informed in writing of the outcome of the procedure.

The tenderer must be either a natural person, a legal person or consortia of legal and/or natural persons.

Tenders shall be submitted by email only (with attachments) to the email address indicated in the table below, with the following reference in subject: Tender- 3425 – International Consultancy- Execution of ECtHR judgements. Tenders addressed to another email address will be rejected.

The general information and contact details for this procedure are indicated on this page. You are invited to use the CoE Contact details indicated below for any question you may have. All questions shall be submitted at least 4 (four) working days before the deadline for submission of the tenders and shall be exclusively addressed to the email address indicated below with the following reference in subject: Questions – 3425 - International Consultancy- Execution of ECtHR judgements.

Type of contract ►	Framework contract
Duration ►	Until 30 June 2024
Deadline for submission of tenders/offers ►	03 July 2023
Email for submission of tenders/offers ►	[email protected]
Email for questions ►	[email protected]
Expected starting date of execution ►	17 July 2023

B.    EXPECTED DELIVERABLES

Background of the Project

CoE member states have repeatedly acknowledged that a rapid and effective execution of the ECtHR’s judgments is of core importance to enhance the protection of human rights at a national level and to the long-term effectiveness of the European human rights protection system. This was also emphasised by the Committee of Ministers during the 130th Athens Session in November 2020, urging all member states to ensure that Recommendation CM/Rec(2008)2 be given full effect.

The Project aims to provide institutional support notably regarding the designation and the work of the coordinator of execution of judgments at the national level, both to steer the national execution process and maintain an effective dialogue with the CM. It will build on good practices developed in certain countries and support an enhanced dialogue among national coordinators.

The Project’s activities include developing a methodology and setting up a mechanism based on which a study (“Multi-Country Study”) will be carried out focusing on the functional relevance of the existing mechanisms for execution of the ECtHR judgments in the member states in the light of the CM Recommendation (2008)2.

It is envisaged that the Multi-Country Study will be based on local studies carried out with the support of academia and experts already studying the subject of implementation of the ECHR in the member states. It is envisaged that the Project will develop a common methodology in order to support the collection and analysis of comparable data for carrying out the Multi-Country Study.

In parallel, the Project will also establish formats for experience exchange and mutual support between those coordinating authorities.Beyond the organisation of seminars and other events, the Project targets the creation of the “Execution Coordinators Network”, a collective responsibility network aimed at enabling member states to support each other in the process of executing judgments of the European Court of Human Rights. A preliminary study (“Network Development Study”) will be carried out to identify a recommended format and structure for the network.

The Council of Europe is looking for 10 Provider(s) (provided enough tenders meet the criteria indicated below) in order to support the implementation of the project with a particular expertise on the field of execution of the ECtHR judgements and national implementation of the ECHR.

This Contract is currently estimated to cover up to 20 activities to be held by 30 June 2024. This estimate is for information only and shall not constitute any sort of contractual commitment on the part of the Council of Europe. The Contract may potentially represent a higher or lower number of activities, depending on the evolving needs of the Organisation.

For information purposes only, the total budget of the project amounts to 480,000 Euros and the total amount of the object of present tender shall not exceed 55,000 Euros tax exclusive for the whole duration of the Framework Contract. This information does not constitute any sort of contractual commitment or obligation on the part of the Council of Europe.

Lots

The present tendering procedure aims to select Provider(s) to support the implementation of the project and is divided into the following lots:

Lots	Maximum number of Providers to be selected
Lot 1: Consultancy services for the development of the Multi-Country Study focusing on the functional relevance of the existing mechanisms for execution of the ECtHR judgments in the member states in the light of the CM Recommendation (2008)2.	5
Lot 2: Consultancy services for the development of the Network Development Study which will aim to identify a recommended format and structure for the establishment of the “Execution Coordinators Network”.	5

Lot 1 concerns developing a methodology and setting up a mechanism based on which a study (“Multi-Country Study”) will be carried out focusing on the functional relevance of the existing mechanisms for execution of the ECtHR judgments in the member states in the light of the CM Recommendation (2008)2. The methodology for the Multi-Country Study will be developed to allow the collection and analysis of comparable data. The methodology will also aim to establish the means of collating, comparing this data from different countries, in order to present it in the most usable way. The Multi-Country Study aims to look into the existing situation in the member states and highlighting effective models of various processes related to the execution of judgments of the ECtHR on the domestic level.

Lot 2 concerns the development of a study (“Network Development Study”) recommending the format, structure and functions for the establishment of the “Execution Coordinators Network”, a collective responsibility network aimed at enabling member states to support each other in the process of executing judgments of the European Court of Human Rights. Thus, it concerns the provision of consultancy in relation to establishment of a forum for peer-to-peer exchanges between bodies coordinating execution of ECtHR judgments and also the organisation of other experience exchange formats such as webinars, seminars and live events.

It is envisaged that the activities of both Lots as indicated in the Act of Engagement, will be completed by October 2023.

The Council will select the abovementioned number of Provider(s) per lot, provided enough tenders meet the criteria indicated below. Tenderers are invited to indicate which lot(s) they are tendering for (see Section A of the Act of Engagement).

Scope of the Framework Contract

Throughout the duration of the Framework Contract, pre-selected Providers may be asked to provide the deliverables listed in the Act of Engagement (See Section A – Terms of reference).

In terms of quality requirements, the pre-selected Service Providers must ensure, inter alia, that:

·         The services are provided to the highest professional/academic standard;

·         Any specific instructions given by the Council – whenever this is the case – are followed.

If contracted by the Council of Europe, the deliverables shall be provided personally by the persons identified in the offer of the Provider whose CVs have been presented to the Council of Europe (See section E. below), in accordance with the terms as provided in the present Tender File and Act of Engagement

In addition to the orders requested on an as needed basis, the Provider shall keep regular communication with the Council to ensure continuing exchange of information relevant to the project implementation. This involves, among others, to inform the Council as soon as it becomes aware, during the execution of the Contract, of any initiatives and/or adopted laws and regulations, policies, strategies or action plans or any other development related to the object of the Contract (see more on general obligations of the Provider in Article 3.1.2 of the Legal Conditions in the Act of Engagement).

Unless otherwise agreed with the Council, written documents produced by the Provider shall be in English (see more on requirements for written documents in Articles 3.2.2 and 3.2.3 of the Legal Conditions in the Act of Engagement).

C.    FEES

Tenderers are invited to indicate their fees, by completing and sending the table of fees, as attached in Section A to the Act of Engagement. These fees are final and not subject to review.

The Council will indicate on each Order Form (see Section D below) the global fee corresponding to each deliverable, calculated on the basis of the unit fees, as agreed by this Contract.

D.    HOW WILL THIS FRAMEWORK CONTRACT WORK? (Ordering PROCEDURE)

Once the selection procedure is completed, you will be informed accordingly. Deliverables will then be delivered on the basis of Order Forms submitted by the Council to the selected Provider (s), by post or electronically, on an as needed basis (there is therefore no obligation to order on the part of the Council).

Pooling

For each Order, the Council will choose from the pool of pre-selected tenderers for the relevant lot the Provider who demonstrably offers best value for money for its requirement when assessed – for the Order concerned – against the criteria of: 

-          quality (including as appropriate: capability, expertise, past performance, availability of resources and proposed methods of undertaking the work);

-          availability (including, without limitation, capacity to meet required deadlines and, where relevant, geographical location); and

-          price.

Each time an Order Form is sent, the selected Provider undertakes to take all the necessary measures to send it signed to the Council within 3 (three) working days after its reception. If a Provider is unable to take an Order or if no reply is given on his behalf within that deadline, the Council may call on another Provider using the same criteria, and so on until a suitable Provider is contracted.

Providers subject to VAT

The Provider, if subject to VAT, shall also send, together with each signed Form, a quote[2] (Pro Forma invoice) in line with the indications specified on each Order Form, and including:

-     the Service Provider’s name and address;

-     its VAT number;

-     the full list of services;

-     the fee per type of deliverables (in the currency indicated on the Act of Engagement, tax exclusive);

-     the total amount per type of deliverables (in the currency indicated on the Act of Engagement, tax exclusive);

-     the total amount (in the currency indicated on the Act of Engagement), tax exclusive, the applicable VAT rate, the amount of VAT and the amount VAT inclusive .

Signature of orders

An Order Form is considered to be legally binding when the Order, signed by the Provider, is approved by the Council, by displaying a Council’s Purchase Order number on the Order, as well as by signing and stamping the Order concerned. Copy of each approved Order Form shall be sent to the Provider, to the extent possible on the day of its signature.

E.     ASSESSMENT

Exclusion criteria and absence of conflict of interests

(by signing the Act of Engagement, you declare on your honour not being in any of the below situations)^[3]

Tenderers shall be excluded from participating in the tender procedure if they:

• have been sentenced by final judgment on one or more of the following charges: participation in a criminal organisation, corruption, fraud, money laundering, terrorist financing, terrorist offences or offences linked to terrorist activities, child labour or trafficking in human beings;
• are in a situation of bankruptcy, liquidation, termination of activity, insolvency or arrangement with creditors or any like situation arising from a procedure of the same kind, or are subject to a procedure of the same kind;
• have received a judgment with res judicata force, finding an offence that affects their professional integrity or serious professional misconduct;
• do not comply with their obligations as regards payment of social security contributions, taxes and dues, according to the statutory provisions of their country of incorporation, establishment or residence;
• are an entity created to circumvent tax, social or other legal obligations (empty shell company), have ever created or are in the process of creation of such an entity;
• have been involved in mismanagement of the Council of Europe funds or public funds;
• are or appear to be in a situation of conflict of interest;

·         are retired Council of Europe staff members or are staff members having benefitted from an early departure scheme;

·         have not fulfilled, in the previous three years, their contractual obligations in the performance of a contract concluded with the Council of Europe leading to a total or partial refusal of payment and/or termination of the contract by the Council of Europe.

Eligibility criteria

Lot 1:

-          University Degree in lawor related fields;

-          At least 3 (three) years of relevant professional experience in academic research and/or consultancy and/or working on issues concerning the execution of the ECtHR judgements at domestic level or national implementation of the ECHR;

-          Proficient knowledge of English (C1/C2 level CEFR).

Lot 2:

-          University Degree in law or related fields;

-          At least 5 (five) years of relevant professional experience in academic research and/or consultancy and/or working on issues concerning the execution of the ECtHR judgements at domestic level or national implementation of the ECHR;

-          Proficient knowledge of English (C1/C2 level CEFR).

Award criteria

Lot 1:

·         Quality of the offer (70%), including:

o    Criterion 1: Relevant previous experience in conducting academic research and/or methodology development (60%);

o    Criterion 2: Previous similar assignments with international organisations or national authorities (10%);

·         Financial offer (30%).

Lot 2:

·         Quality of the offer (70%), including:

o    Criterion 1: Relevant previous experience in conducting academic research and/or methodology development (50%);

o    Criterion 2: Previous similar assignments on establishing/developing exchanging formats/ networks with international organisations or national authorities (20%);

·         Financial offer (30%).

The Council reserves the right to hold interviews with tenderers.

Multiple tendering is not authorised.

F.     NEGOTIATIONS

The Council reserves the right to hold negotiations with the bidders in accordance with Article 20 of Rule 1395.

G.    DOCUMENTS TO BE PROVIDED

·         A completed and signed copy of the Act of Engagement[4] (See attached);

·         Registration documents, for legal persons only;

• A list of all owners and executive officers, for legal persons only.

·         A detailed CV, preferably in Europass Format, that demonstrates clearly that the tenderer fulfils the eligibility and award criteria, including the information about the respective experience relevant to the services described under the relevant Lots as well as contact details of two relevant professional references.

• Where the tenderer is a legal person, this shall include the CV of the person(s) who will be assigned to carry out the work.
• An initial concept briefly explaining how the provider plans to approach the relevant deliverables for the lot(s) he/she is applying for (max.2 pages per lot).  

All documents shall be submitted in English, failure to do so will result in the exclusion of the tender.

If any of the documents listed above are missing, the Council of Europe reserves the right to reject the tender.

The Council reserves the right to reject a tender if the scanned documents are of such a quality that the documents cannot be read once printed.

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