TENDER FILE / TERMS OF REFERENCE

(Competitive bidding procedure / Framework Contract)

Purchase of the local consultancy services under the Council of Europe Project “Strengthening the social dimension in Ukraine”

Contract N° 9312/2025/01

The Council of Europe is currently implementing a Project “Strengthening the social dimension in Ukraine” until 31 December 2026. In that context, it is looking for Provider(s) for the provision of the local consultancy services 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 €171,000 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 180 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 consortium of natural and/or legal person.

Tenders shall be submitted by email only (with attachments) to the email address indicated in the table below, with the following reference in subject: 9312/2025/01. 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 5 (five) 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 – 9312/2025/01.

Type of contract ►	Framework contract
Duration ►	Until 31 December 2026
Deadline for submission of tenders/offers ►	01 June 2025 23h59 CET
Email for submission of tenders/offers ►	[email protected]
Email for questions ►	[email protected]
Expected starting date of execution ►	15 June 2025

B.    EXPECTED DELIVERABLES

Background of the Project

The Council of Europe Project “Strengthening the social dimension in Ukraine” (hereinafter – the project) implemented by the Council of Europe until 31 December 2026, is aimed to ensure that people from vulnerable groups, including war affected population in Ukraine, benefit from targeted social protection and support. To achieve this, a combination of targeted activities is envisaged in two directions: firstly, through further aligning the policy and legislative framework on social and labour rights and social dialogue with the European standards, including the European Social Charter and case law of the European Committee of Social Rights, and secondly, through contributing to effective implementation of social and labour policies by national and regional authorities and enhanced application of the European Social Charter standards by legal professionals, social partners and civil society activists.

Safeguarding social and labour rights during war becomes a crucial task for the Ukrainian authorities as it has affected the lives of millions of Ukrainians. Increasingly, more Ukrainians are becoming vulnerable due to the destructions caused by military actions lasting for more than three years. Thus, the project will continue providing support to the national authorities in the social and labour rights area in line with the proposed actions defined by the Council of Europe Action Plan for Ukraine “Resilience, Recovery and Reconstruction” for 2023-2026, and with priority areas on social protection of the Ukraine’s National Recovery Plan.

The Council of Europe is looking for 45 (forty-five) 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 Council of Europe standards regarding social and labour rights.

This Contract is currently estimated to cover up to 60 (sixty) activities, to be held by 31 December 2026. 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 865 000,00 Euros and the total amount of the object of present tender shall not exceed 171,000 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 in the field of social rights, as provided by the European standards including European Social Charter with a specific focus on one or more of the following areas (but not limited to): ·         the treaty system of the European Social Charter and its monitoring mechanisms; ·         right to social security (vis-à-vis Art. 12 European Social Charter (ESC); ·         right to benefit from social welfare services (vis-à-vis Art. 14 ESC); ·         rights of people with disabilities (vis-à-vis Art. 15 ESC); ·         rights of older people (vis-à-vis Art 23 ESC); ·         right to protection against poverty and social exclusion (vis-à-vis Art. 30 ESC); ·         right to housing (vis-à-vis Art. 31 ESC).	25
Lot 2: Consultancy services in the field of labour rights and social dialogue, as provided by the European standards including European Social Charter with a specific focus on one or more of the following areas (but not limited to): ·         right to work (vis-à-vis Art. 1-4 ESC); ·         right to organise and bargain collectively (vis-à-vis Art. 5-6 ESC); ·         right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex (vis-à-vis Art. 20 ESC); ·         right to dignity at work (vis-à-vis Art. 26 ESC); ·         right to information and consultation in collective redundancy procedures (vis-à-vis Art. 29 ESC).	20

Lot 1 concerns the provision of consultancy services related to the analysis of social rights in national legislation, policy documents, and practices at both national and regional levels. It also includes the analysis of international documents, including but not limited to the European Social Charter (Revised), case law of the European Committee on Social Rights, and relevant case law of the European Court of Human Rights, as well as their implementation at the national level. Additionally, it involves the provision of consultancy services related to capacity building, awareness-raising activities/campaigns, trainings on social rights in the context of the European Social Charter in Ukraine, including online trainings and webinars, activities related to preparing quality national and shadow (alternative) reports to the European Committee of Social Rights, as well as advocating for accepting additional provisions of the European Social Charter and ratification of the Additional Protocol providing for a system of collective complaints.

Lot 2 concerns the provision of consultancy services related to the analysis of labour rights and social dialogue in national legislation, policy documents, and practices at both national and regional levels. It also includes the analysis of international documents, including but not limited to the European Social Charter (Revised), case law of the European Committee on Social Rights, and relevant case law of the European Court of Human Rights, as well as their implementation at the national level. Additionally, it involves the provision of consultancy services related to capacity building, awareness-raising activities and campaigns, and training on labour rights and social dialogue in the context of the European Social Charter in Ukraine, including online training sessions and webinars.

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).

Only those Providers whose score, following the assessment of the Award Criteria (see Section E below), is equivalent to or higher than 3,5 will be selected under each Lot.

Scope of the Framework Contract

Throughout the duration of the Framework Contract, pre-selected Providers may be asked to:

Under Lot 1:

•          Develop baseline studies/progress reviews/needs assessments in order to measure progress and prepare roadmaps summing up needs and actions required to be taken on specific aspects related to the themes of this lot;

•          Do the assessment of legal acts, policy documents (draft documents and documents in force) and/or practice and provide expert advice (in the form of an oral and/or written advice), do the legal review of legal opinions, comments, recommendations, reports, etc. related to the themes of this lot;

•          Participate at and contribute to the conferences, round tables, seminars, trainings, working group/expert meetings/focus group meetings, workshops, consultation meetings and other relevant events with national stakeholders including through moderating/facilitating discussions and delivering presentations in the areas specific to this lot;

•          Develop guiding documents, institutional internal regulations and information materials on specific aspects related to the themes of this lot;

•          Develop the methodology and conduct training needs assessment to evaluate their impact/effectiveness and develop reports/recommendations thereof on specific aspects related to the themes of this lot;

•          Provide recommendations on draft curricula, training courses and materials of trainings on specific aspects related to the themes of this lot;

•          Develop training programmes/courses and materials, adapt, prepare and deliver training courses/modules on specific aspects related to the themes of this lot;

•          Prepare and deliver presentations, moderate/facilitate discussions during workshops, seminars, conferences, round tables, ToT activities and other relevant events dedicated to the training needs of relevant actors on specific aspects related to the themes of this lot;

•          Provide advice and deliver trainings on adult learning methodology in the field of social labour rights;

•          Support international consultants with documents (legislation, rules, modules and any relevant documents) and written advice on the Ukrainian background on specifics topics related to this lot;

•          Provide other deliverables as related to the above and as requested by the Council of Europe.

Under Lot 2:

•          Develop baseline studies/progress reviews/needs assessments in order to measure progress and prepare roadmaps summing up needs and actions required to be taken on specific aspects related to the themes of this lot;

•          Do the assessment of legal acts, policy documents (draft documents and documents in force) and/or practice and provide expert advice (in the form of an oral and/or written advice), do the legal review of legal opinions, comments, recommendations, reports, etc. related to the themes of this lot;

•          Participate at and contribute to the conferences, round tables, seminars, trainings, working group/expert meetings/focus group meetings, workshops, consultation meetings and other relevant events with national stakeholders including through moderating/facilitating discussions and delivering presentations in the areas specific to this lot;

•          Develop guiding documents, institutional internal regulations and information materials on specific aspects related to the themes of this lot;

•          Develop the methodology and conduct training needs assessment to evaluate their impact/effectiveness and develop reports/recommendations thereof on specific aspects related to the themes of this lot;

•          Provide recommendations on draft curricula, training courses and materials of trainings on specific aspects related to the themes of this lot;

•          Develop training programmes/courses and materials, adapt, prepare and deliver training courses/modules on specific aspects related to the themes of this lot;

•          Prepare and deliver presentations, moderate/facilitate discussions during workshops, seminars, conferences, round tables, ToT activities and other relevant events dedicated to the training needs of relevant actors on specific aspects related to the themes of this lot;

•          Provide advice and deliver trainings on adult learning methodology in the field of social labour rights;

•          Support international consultants with documents (legislation, rules, modules and any relevant documents) and written advice on the Ukrainian background on specifics topics related to this lot;

•          Provide other deliverables as related to the above and as requested by the Council of Europe.

The above list is not considered exhaustive. The Council reserves the right to request deliverables not explicitly mentioned in the above list of expected services, but related to the field of expertise object of the present Framework Contract for the lot concerned.

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).

By submitting an offer in the framework of the present Call for Tenders, the Tenderer acknowledges that the persons involved in the implementation of the contract will be exposed to an increased risk of death and injury due to the ongoing war against Ukraine. The Tenderer also acknowledges that, if selected, it will carry out the implementation of the contract at its own risk.

The Tenderer confirms in addition that, if selected, it will perform systematic security assessments before implementing any activity related to the implementation of the contract. The Tenderer acknowledges that the Council of Europe does not assume any liability for the death, any injury or any damage that the Provider or persons involved in the implementation of the contract may sustain in Ukraine.

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 2 (two) 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;

·         are currently employed by the Council of Europe or were employed by the Council of Europe on the date of the launch of the procurement procedure;

·         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;

·         are subject to restrictive measures applied by the United Nations Security Council or the European Union. In the case of legal persons, the restrictive measures imposed on the tenderer’s owner(s) or executives will also exclude the tenderer from participating in this tender procedure.

Eligibility criteria

Tenderers shall demonstrate that they fulfil the following criteria (to be assessed on the basis of all supporting documents listed in Section G):

·         A university degree in law, social sciences, international relations, political sciences, human rights or related fields;

·         At least 3 years of professional experience in areas related to the fields of expertise as described under the scope of the contract above;

·         Excellent knowledge of the Ukrainian language (mother tongue level);

·         Basic knowledge of the English language (at least level A2 of the Common European Framework of Reference for Languages).

Award criteria

• Criterion 1: 80 points, including:

-        Thematic expertise in the social human rights sphere, which includes knowledge in the areas covered by each specific lot (40 points);

-        Relevance of the experience of the tenderer in the areas concerned by each specific lot, including previous similar assignments with international organisations (40 points).

• Criterion 2: 20 points, including:

-        Financial offer.

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

·         One completed and signed copy of the Act of Engagement 9312/2025/01[4] and additionally not signed .docx version of the file;

Ø  FOR NATURAL PERSONS:

·         a detailed CV, preferably in Europass Format, demonstrating clearly that the tenderer fulfils the eligibility criteria;

·         a motivation letter(up to 1 page), demonstrating clearly that the tenderer has the experience and expertise required. The motivation letter should include the contact details of 3 (three) relevant referees, from among previous employers/clients/international organisations (name, surname, phone number and e-mail);

·         at least 2 (two) samples of work/deliverables (as annexes) or references/links to publications, legal assessments/analyses, reports, studies, including records of trainings/conferences etc. relevant to the experience the tenderer claims in the areas covered by the lot(s) to which the tenderer applies (can be submitted in English or Ukrainian).

Ø  FOR LEGAL PERSONS:

o    the detailed CV(s), preferably in Europass Format, of the consultant(s) who is/are proposed to undertake the work under the contract, demonstrating clearly that the eligibility criteria are fulfilled;

o    a motivation letter (up to 1 page), demonstrating clearly that the tenderer has the experience and expertise required and additionally include the following information:

§  contact details of 3 (three) relevant referees, from among previous employers/clients/international organisations (name, surname, phone number and e-mail);

§  a list of all consultants(natural persons) who shall be allocated to the execution of the contract;

o    at least 2 (two) samples of work/deliverables (as annexes) or references/links to publications, legal assessments/analyses, reports, studies, including records of trainings/conferences, etc. or other relevant documents specific to the lot(s) for which the tenderer is applying for each natural person allocated to the execution of the contract (can be submitted in English or Ukrainian). In case a legal person applies and nominates two or more natural persons in its application, it must provide 2 (two) samples for each of the natural persons nominated;

o    copy of the registration documents (in Ukrainian) with brief translation into English of the key information about type of economic activities.

All documents shall be submitted in English, except for those specifically mentioned otherwise, 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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