OPEN CALL FOR TENDER

To prepare evaluation of analysis of economic instruments used by the state’s

policy supporting social entrepreneurship in selected EU countries within the

scope of sub-measure 1.2 Human Capital Programme “Integrated System

supporting social economy”

Tendering process no. 6/1.19/2012

1. Name (company name) and address of the Contracting Entity Fundacja Instytut Spraw Publicznych ul. Szpitalna 5, lok. 22 00-031 Warszawa 2. Description of the tender

1. The subject of the tender is to identify and describe economic instruments used by the state’s policy towards social entrepreneurship functioning in selected EU countries, to evaluate results of their usage and to formulate recommendations related with possibilities of their usage in other EU countries.

2. The analysis should deliver answers to the following key questions:

- What is the condition of social economic development within a specific country (in terms of quantity and quality measures)?

- Does in a specific country exist a state’s support system for the social economy? - If yes, what is the origin of the system? - What kind of legal, fiscal and financial instruments is that system composed of?

Description of these instruments. - What are the practical effects resulting from those instruments? Which of those

instruments contribute to develop social economy and how it is determined? - What instrument is especially effective? – in-depth description of effects of such

an instrument.

The Contracting Entity shall permit the analysis to be conducted by one or two experts. The evaluation shall include 22 pages of the tapescript together with a list of refences

and a glossary of the used terms.

Common Procurement Vocabulary (CPV): 92312210-6 - services provided by authors. 3. Tender delivery date The tender delivery date is 60 working days (Monday to Friday including holidays) since the Contract has been concluded by the Contracting Entity.

4. Conditions of participation to the tender

1. Contractors competing in the tender must have the necessary knowledge and experience and have the technical support and personnel capable to run the tender and in particular they must meet the following requirements or designate an individual capable to manage the tender and meet the mentioned below requirements:

1) university degree in social sciences or in economics; 2) have publications or analyses within the scope of evaluation of the state’s

policy instruments.

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2. The Contractor shall not have any personal or capital relations with the Contracting

Entity. By the personal or capital relations should be understood mutual connections between the Contracting Entity and individuals empowered to make commitments on behalf of the Contracting Entity or individuals preparing and choosing the Contractor on behalf of the Contracting Entity basing in particular upon: a) participating in the company as a shareholder in a civil law partnership or a

partnership; b) having at least 10% of shares; c) being a member of the supervisoring body or a member of the managing body, or

a proxy or a represenative; d) being in a matrimony, or in relation of kinship or proprinquity in ineal

consanguinity (parents, children, grandchildren, in-laws, son-in-law, daughter-in-law) in relation of kinship or proprinquity in collateral relationship in the second degree (brother (s) and sister (s), spouse’s relatives) or in case of adoption, guardianship or custody.

In the event of any relation the Contractor shall be exluded from the tendering

process.

3. Justification of fulfilling the above conditions shall be made according to formula:

„meet the criteria – do not meet the criteria”. The Contractor who shall not meet the condition will be rejected.

5. Documents required in order to confirm fulfilling the conditions

The Contracting Entity in order to confirm the condition specified in point 4 requires the following documents to be submitted:

Points. 4.1.1), 4.1.2) curriculum vitae – prepared according to the enclosed sample,

Annex no. 2 to this tender. In the event the Contractor is not a private person he/she

shall prove it on the basis of (work agreement, commission contract etc.).

The Contracting Entity shall stipulate the possiblity of verifing the above data. Point.4.2. The statement is to be submitted in the tender application form. 6. Currency used in the settlement referring to this open call for tender

The Contractor shall express the tender price in EURO. 7. Description of preparing the tender

1. Basic requirements 1) Each of the Contractors may submit only one tender. 2) Samples of documets enclosed to the open call for tender shall be fulfilled by the

Contractor and enclosed to the tender or prepared by the Contractor in conformity with this tender.

3) The Contractor shall bear any costs related with preparing and submitting the tender.

2. Form of the tender

1) The tender is to be delivered in writing, by fax or in electronic version (scan). 2) The tender is to be drafted in Polish or English. 3) Documents being a part of the tender may be originals or certified to be a true

copy by the Contractor. 4) The Contracting Entity may request original or a copy authenticated by a notary

public only in the event when photocopy of the document submitted by the Contractor is illegible or its authencity is reasonably questionable.

5) The Contracting Entity shall not permit to submit incompleted tenders.

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3. Elements of the tender

A complete tender should include: 1) Fulfilled tender application form; 2) Documents listed in point 5 to this Open call for tender; 3) Contractor’s and an indiviudal’s statement designated by the Contractor to

implement the tender and to involve in financial projects within the scope of the Human Capital Programme and including other NSRF programmes (according to the Annex no. 5 to this open call for tender).

8. Authorised contact person

The authorised contact person to contact with Contractors is: 1) Izabela Przybysz, Head of the Social Policy Programme; phone number: +48

22 556 42 80; fax: +48 22 556 68 63; e-mail: iza.przybysz@isp.org.pl

9. Place, date and delivery of the tender

The tender shall be delivered by hand to the following address: ul. Szpitalna 5 lok. 22 or a scanned document sent via e-mail or faxed or posted to the following address: Fundacja Instytut Spraw Publicznych, Szpitalna 5/22, 00-031 Warszawa; fax: +48 22 556 42 62; e-mail: dominika.potkanska@isp.org.pl. The deadline for the tender is:

until February 7 Until 10.00 am

The date of the receipt of the tender on the Contracting Entity’s premises being taken as a proof. 10. Evaluation criteria

1. The Contracting Entity shall evaluate and compare only those tenders which will not be excluded by the Contracting Entity.

2. Tenders will be evaluated by the Contracting Entity on the basis of evaluation criteria

(evaluation of 100%).

The Contracting Entity shall deem the tender offering the lowest price, and not excluded, to be the most advantageous. Shall the Contracting Entity not be able to select the most advantageous tender due to two or more tenders offering the same lowest price those Contractors shall submit an additional price tenders. The new price tenders shall not exceed the previously proposed prices. The Contracting Entity shall deem the tender offering the lowest price (including additional tenders) to be the most advantageous.

11. Evaluation of the tender and announcement of results

1. Explanation of the tender’s contents and announcement of resuts Whilst verifying and estimating of the tenders the Contracting Entity may require Contractor to deliever explanation and additions referring to the contents (in case it will not violate the competetiveness). 2. Verifying credibility of tenders The Contracting Entity shall stipulate the right to verify credibility of submitted by the Contractor documents, statements, specifications, data during the evaluation process. 3. Announcement tender results Contractors who will submit the tenders shall be notified about their results via e-mail into the e-mail address indicated in the tender not later than 5 working days since the deadline. The information about the tendering process shall be announced on the Contracting Entity’s website: www.isp.org.pl.

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12. Exclusion of the Contractor

The Contractor shall be excluded from the tendering: 1) in case of not meeting conditions of the tendering process; 2) in case of non-conformity with the hereby open call for tender; 3) in case of submitting false data by the Contractor; 4) in case of any personal or capital connections between the Contractor and the

Contracting Entity.

13. Means of contact between the Contracting Entity and Contractors

In the hereby tendering process the Contracting Entity and Contractors shall exchange

statements, applications, announcements and information in writing, by fax, or via e-

mail. Tenders shall be delivered by hand, posted, scanned or faxed.

14. Annullment of the tendering process

The Contracting Entity stipulates the possibility of annuling the tender without a prior notice. 15. Other information

1. The Contracting Entity stipulates the right to make possible amendments or additions to the contents of the open call for tenders within the time limit for subimtting tenders. Contractors shall be immediately informed about any amendments or additions to the contents of the open call for tendes in writing (via e-mail or by fax) and shall be announced on the Contracting Entity’s website. Should the amendments or additions to the contents of the Open Call for Tenders require amendments to the tenders the Contracting Entity shall extend the deadline necessary to made amendments of the tender.

2. The Contracting Entity shall conclude a contract with the Contractor whose tender

shall be deemed as the most advantageous and who shall meet requirements specified in the Open call for tender. The Contracting Entity shall notify the Contractor about the day of conclusion of the contract together with results of the tender via e-mail.

16. Financing

The tender shall be financed by the Human Capital Programme within the framework of the systemic project called “Integrated Support System for Social Economy”, Priority I Employment and social intergration, Action 1.2 Systemic support for social welfare and intergration. 17. List of annexes

Annexes to this open call for tender are the following samples:

Or

din

al

Indication of the annex Name of the annex

1) Annex No. 1 Sample of the tender application form

2) Annex No. 2 Sample of the Curriculum vitae

3) Annex No. 3 Sample of the Contract

4) Annex No. 4 Contractor’s statement on a consent for a personnal data

to be processed for the purposes of the open call for

tender procedure (for the Contractors being a natural

person or a sole trader participating in the tendering

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process himself/herself).

5) Annex No. 5 Contractor’s and an individual’s statement designated by

the Contractor on implementation and participation in

projects financed by the Human Capital Programme and

other projects financed by NSRF.

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Annex no. 1 to the open call for tender – Sample of the Tender Application Form

TENDER SUBMITTED TO THE OPEN CALL FOR TENDER TO

To prepare evaluation of analysis of economic instruments used by the state’s

policy supporting social entrepreneurship in selected EU countries within the

scope of sub-measure 1.2 Human Capital Programme “Integrated System

supporting social economy”

Tendering process no. : 6/1.19/2012

1. THE CONTRACTING ENTITY

Fundacja Instytut Spraw Publicznych

ul. Szpitalna 5, lok. 22

00-031 Warszawa

2. THE CONTRACTOR

The hereby tender shall be submitted by:

Name:

Name and Surname of the

contact person:

Address:

Phone number:

Fax number:

E-mail address:

NIP

Regon

3. I (we), the undersigned, hereby declare and say:

1) I acquainted myself with the contents of this tender;

2) I guarantee to fulfill all the requirements included in this entire tender in

compliance with the Open call for tender;

3) The total fee to: prepare the analysis of the legal regulations with the special

attention given to social entrepreneurship in the framework of the systemic

project 1.2 Human Capital Programme „Integrated Support System for Social

Economy” is EUR .......................... gross (in words:.....................................).

4) I accept the sample of the Contract, Annex no. 3 to the open call for tender

unconditionally;

5) In the event of winning the tender I (we) shall be obliged to conclude a written

Contract on a day and place indicated by the Contracting Entity;

6) I (we), the undersigned, declare and say that I (we) acquainted myself

(ourselves) entirely and sufficiently with the detailed description of the tender

included in the Open call for tender and with all necessary data needed to

implement the tender. Ignorance of the above condition shall not be a ground for

any additional financial claims.

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7) I, the undersigned, declare and say that I am/I am not1 related personally or by

capital with the Contracting Entity. By the personal or capital relations should be

understood mutual connections between the Contracting Entity and individuals

empowered to make commitments on behalf of the Contracting Entity or

individuals preparing and choosing the Contractor on behalf of the Contracting

Entity basing in particular upon:

a) participating in the company as a shareholder in a civil law partnership or a partnership;

b) having at least 10% of shares; c) being a member of the supervisoring body or a member of the managing

body, or a proxy or a represenative; d) being in a matrimony, or in relation of kinship or proprinquity in ineal

consanguinity (parents, children, grandchildren, in-laws, son-in-law,

daughter-in-law) in relation of kinship or proprinquity in collateral relationship

in the second degree (brother (s) and sister (s), spouse’s relatives) or in case

of adoption, guardianship or custody.

8) Enclosures to the hereby tender are:

a) Sample of the Curriculum vitae;

b) Sample of the Contract;

c) Contractor’s statement, being a natural person or a sole trader participating

in the tendering process himself/herself, on a consent for a personnal data

to be processed for the purposes of the open call for tender procedure;

d) Contractor’s and an individual’s statement designated by the Contractor on

implementation and participation in projects financed by the Human Capital

Programme and other projects financed by NSRF.

………………………., on this ………………….. ……………………………………………….… (legible signature)

1 Delete as applicable

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Annex no. 2 – Sample of the Curriculm vitae

If necessary please extend the raws in the table below.

In case of designating two experts please submit two Curriculum vitae.

An asterisk „*” means: delete as applicable

Curriculum vitae: Name and Surname: Date and the place of birth: Ordi

nal

Condition Description

1.Education University name: ……………………………. Faculty: ……………………………. Years of study: ……………………………. Title obtained: …………………………….

2. List of publications or analysis with the special attention given to the evaluation of the legal appliance

Publications/Analyses* I. title of the publication: ……………………………. year of the publication: ……………………………. Publisher: ……………………………. Ordering subject: ……………………………. II.

title of the publication: ……………………………. year of the publication: ……………………………. Publisher: ……………………………. Ordering subject: ……………………………. Etc.

...................................., on this .................................

(signature) (date)

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Annex no. 3 to the open call for tender – Sample of the Contract

CONTRACT

No. …………….........…………….

concluded on ………………. 2012

in ..............................................................

between: The Institute of Public Affairs, with its registered office at: 00-031 Warszawa, ul. Szpitalna 5, entered in the National Court Register under KRS number ………………………………….., NIP 526-10-49-700, hereinafter referred to as “The Contracting

Entity”, represented by: President of the Executive Board Mr. Jacek Kucharczyk, and …………., hereinafter referred to as “The Contractor” ………………………………..

§ 1.

1. This Contract has been concluded on the basis of open call for tender and maintained in the course of competition rules.

2. This Contract shall be financed within the framework of the Human Capital Programme, systemic project 1.2 ”Intergrated support system for social economy”.

§ 2.

1. The subject of this Contract is to prepare evaluation related with the analysis of legal regulations in the social entrepreneurship since the conclusion of the Contract until the 60th working day (Monday to Fridady exlcuding holidays).

2. The subject of this Contract shall be prepared in accordance with requirements defined in the open call for tender (and possible explanation and amendments to the tender). The copy of the open call for tender together with its explanation and amendments shall be Annex no. 1 to this Contract. The copy of the tender shall be Annex no. 2 to this Contract

3. The Contracting Entity together with the Contractor shall determine detailed form

and contents of the analysis. In the event of any discrepancies, the Contracting

Entity’s legal position is crucial.

4. In the event of any discrepancy between the open call for tender and the Contractor’s tender, the open call for tender shall be binding.

5. The Contactor shall deliver the Work to the place indicated by the Contracting Entity.

The Work shall be submitted in writing or in electronic version.

6. The Contractor declares that he/she has sufficient knowledge and expertise to execute the Work with utmost diligence and shall undertake the responsibility for the methodogical and stylistic substance. The Contractor shall be obliged to make any amendments, corrections, additions and provide explanation to the Work at the Contracting Entity’s request.

§ 3.

1. The Contractor shall undertake to keep secret all confidential or proprietary information of the Contracting Entity in the course of the execution of this Contract and after its termination.

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2. The Contractor shall cooperate closely with the Contracting Entity throughout the duration of this Contract. The Contractor shall provide either oral or written notification (at the discretion of the Contracting Entity) about execution of the commissioned work at the Contracting Entity’s request. Furthermore, the Contractor shall demonstrate parts of the analyses that have been completed at the Contracting Entity’s request.

3. The Contractor agrees to the processing of his/her personal data for the purposes of the Project.

4. In the processing of his/her personal data, the Contractor shall observe the principles stated herein, the principles adopted by the Partnership, and the principles laid down in the Personal Data Protection Act of 29 August 1997 and in the Regulation of the Minister of Interior and Administration of 29 April 2004 on the documentation for the processing of personal data and the technical and organisational conditions with which information equipment and systems for the processing of personal data must comply.

5. The Contractor shall make available all and any documentation related to the execution of this Contract at the request of the Contracting Entity’s auditing bodies

6. The Contractor shall state that he/she is not/is2 involved in implementation of projects financed by the Human Capital Programme within the framework of National Strategic Reference Frameworks. In the event of involvement in other projects the Contractor shall be obliged to:

a) the Contractor shall indicate those projects and the type of the involvement; b) the Contractor shall ensure that implemented assigments for other projects or for other Contracting Entities shall not exclude appropriate and effective implementation of all assignments within the scope of this Contract; c) the Contractor shall be obliged to record the evidence of working hours and assignments (ie payroll timesheet) and shall make them available in order to setlle this Contract; d) in case of any irregularities in the above mentioned scope, the Contractor shall be obliged to satisfy the damage (on the general conditions) borne by the Contracting Entity.

§ 4.

1. The Parties shall agree the amount of fee EUR .......................... gross (in words:

EUR........................ ) according to the tender price offered by the Contractor being

Annex no. to this Contract.

2. Signing the work asseptance certificate without any objections shall be the basis for

issuing the bill/invoice

3. In order to complete the Work the Contractor shall use Contracting Entity’s materials

and equipment.

§ 5.

1. The Contracting Entity shall undertake to transfer the fee to the bank account indicated by the Contractor on the basis of VAT invoice/bill within 14 days. 2. The date of making the transfer order by the Contracting Entity shall be deemed as the date of payment. 3. The work acceptance certificate shall be the basis for the issue of the VAT invoice or information issued by the Contracting Entity stated in paragraph 6, section 4 of this Contract.

2 Shall be deleted as applicable after concluding the Contract. The entry is reffered to natural or sole trader

taking part in the tender personally.

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§ 6.

1. The tender delivery date shall be 60 working days (from Monday to Friday, excluding holidays) since the conclusion of the Contract by the Contracting Entity.

2. At least three days before the planned date of delivering the work, the Contractor shall agree the handover date with the Contracting Entity. The handover shall take place at the Contracting Entity’s premises.

3. The Contracting Entity shall have 5 days from the hand-over of the work to report its objections to the Contractor and shall set a new deadline for making corrections or additions.

4. In case the work is handed over for the second time, the provisions set out in sections 2 and 3 shall apply.

5. In the event there are no objections, the Parties shall sign the work acceptance certificate. If the Contracting Entity fails to report its objections by the date referred to in section 2, the certificate shall be deemed signed as of the day following the date referred to in section 2.

6. In the event there are no objections the tender shall be deemed as completed as of the day of work handover. In the event the objections have been reported the tender shall be deemed completed as of the day of signing the work acceptance certificate. The work acceptance certificate shall determine the final fee to be paid to the Contractor considering mechanisms referred to paragraph 10 to this contract. If there is no work acceptance certificate, the Contracting Entity shall notify the Contractor of the final fee after considering mechanisms referred to in paragraph 10 to this contract.

§ 7.

1. The Contractor shall declare that copyrights of this work or its parts or other works are in entirety vested in the Contractor.

3) In consideration of the fee referred to in § 4, the Contractor shall oblige

himself/herself to transfer the proprietary copyrights and derivative rights to handling in all known fields of exploitation, and in particular of:

1) using 2) copying (reproduction by any technology), 3) modifing 4) processing 5) distributing 6) recording 7) uploading to computer memory or displaying on computer screen

1. The Contractor shall be obliged to transfer rights to the Work within the fee defined in § 4 (in writing, in electronic version and on CD).

2. In the condition of executing this Contract the Contractor shall be obliged not to execute copyrights covered by this Contract and in particular not to moral right of attribution, law to decide about making the Work available to the third parties, author’s supervision over the Work use and inviolability of the contents and form of the Work and its reliable usage.

3. The Contracting Entity shall be entitled to transfer the proprietary copyrights and derivative rights arising hereunder to another entity, without any territorial or other limitations, and the Contractor hereby gives his/her consent thereto.

§ 8.

The Contracting Entity shall have no rights or duties vis-à-vis the Contractor which are typical of an employment relationship. In case of any doubts, no provision of this Contract shall be construed as making reference to labour law regulations, and should only be interpreted as a civil law contract.

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§ 9.

1. In accordance with the execution of this Contract, the Parties agree that any correspondence shall be made in writing, and delivered, by fax and email, to the addresses indicated in the Contract:

2. Addresses, fax numbers and e-mail addresses for the delivery purposes of:

1) The Contracting Entity : ………………………….., fax:……………………., e-mail: …………………………………………

2) The Contractor:……………………, fax: ……………………………….., e-mail:……………. 3. The Contracting Entity designates following individuals as contact person by the

execution of this Contract: 1) Mr/Mrs/Ms ………………………………………………………………………………….. 2) Mr/Mrs/Ms …………………………………………………………………………………

4. The Contractor designates following individuals as contact person by the execution of this Contract:

3) Mr/Mrs/Ms ………………………………………………………………………………….. 4) Mr/Mrs/Ms …………………………………………………………………………………

5. Persons named in section 3 shall be authorised to sign the work acceptance certificate and report any objections. For this to be effective approving or reporting any objections by one of the authorised contact persons is sufficient.

§ 10.

1. The fee to be paid to the Contractor shall be deducted in the following situations and about:

a) in the event of violating the obligations defined in § 3 section 4 of this Contract – reduce by 2% of the total gross fee for each violation;

b) In the event of non-execution or inadequate execution of obligations by the Contractor – reduce by 1% of the gross fee for each violation.

2. The above reduction of the Contractor’s fee shall not exclude the rights of the

Contracting Entity to terminate the Contract without notice and to claim damages exceeding the amount of deduction.

§ 11.

The Contracting Entity shall be empowered (keeping the rights to claim damages and stipulated penalty) to terminate the Contract wihout a prior notice in the event of: 1. non-execution or inadequate execution of the conrtact’s obligations by the

Contractor; 2. non-signing the Contract for co-financing/cooperation on which this Contract is

financed; 3. terminating this Contract for co-financing/cooperation on which this Contract is

financed; 4. Not-transferring the funds by the Intermediary/Partner for completion of this

Contract.

§ 12. 1. Any disputes or claims which may arise between the Parties in connection with this

Contract shall be resolved without undue delay through negotiations between the Parties.

2. If such negotiations prove ineffective, the dispute shall be resolved by a court with jurisdiction over the registered office of the Contracting Entity.

§ 13.

1. Any amendments to, or modifications, or execution of this Contract must be made in the form of a written addendum signed by both Parties shall be null and void.

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2. This Contract shall enter into force on the date of signature hereof. 3. This Contract has been drawn up in two identical copies, one copy for the Contracting

Entity and one for the Contractor. 4. Annexes are intergal part to this Contract

1) open call for tender; 2) The Contractor’s tender

THE CONTRACTING ENTITY: THE CONTRACTOR:

.................................. ................................

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Annex no. 4 to the open call for tender – Sample of the statement made by the

Contractor to give consent for her/his personal data processing for the tendering process.

STATEMENT

I hereby give consent for my personal data to be processed for the purposes of evaluation led by the Institute of Public Affairs to analyse legal regulations with the special attention given to the social entrepreneurship within the framework of the sub-measure “Intergrated system supporting social economy”

.............................................................., on this .................................

(legible signature) (date)

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Annex no. 5 to the open call for tender – Statement made by the Contractor on the

involvement in financial projects within the Human Capital Programme and within other

NSRF programmes

STATEMENT

I hereby state that I am not involved in any financial projects funded by the Human Capital Programme as well as by other operational programmes implemented by the National Strategic Reference Frameworks (NSRF). [**Please delete the below three paragraphs in the event when the Contractor is not

involved in other projects financed by the Human Capital Programme or NSRF.]

Participation in other projects financed by the Human Capital Programme and NSRF to not exclude appropriate and effective implementation all of the assignments introduced in the open call for tender no. 6/1.19/2012. I hereby oblige myself to record time and assignments (ie. Payroll timesheet) for other projects from equall settlement periods and make them available after concluding a contract. I oblige myself to satisfy the damage (under the general conditions) borne by the Contractor in the event of stating any irregularities in the above time period Warszawa, on this ………………………… ……………………………………