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TENDER SPECIFICATIONS

Safer and healthier work at any age – Provision of services in respect of occupational safety and health

(OSH) in the context of an ageing workforce

- SERVICE CONTRACT -

OPEN TENDER PROCEDURENo. EUOSHA-PRU/2012/P-02

(OJ No. S224 of 21/11/2012, Tender No. 368249-2012)

TENDER DOCUMENTS ARE AVAILABLE FOR DOWNLOAD AT:http://osha.europa.eu/about/calls

CONTRACTING AUTHORITY:European Agency for Safety and Health at WorkGran Vía, 33E-48009 Bilbao – SpainE-mail: [email protected]: http://osha.europa.euTel.: (+34) 944 794 360Fax: (+34) 944 794 383 ENGLISH LANGUAGE ORIGINAL

http://osha.europa.eu/about/calls

EU-OSHA open tender procedure EUOSHA-PRU/2012/P-02

CONTENTS

1 PURPOSE AND CONTEXT OF THE CONTRACT....................................................31.1 The European Agency for Safety and Health at Work.......................................................................3

1.2 Background specific to this contract...................................................................................................3

2 SUBJECT OF THE CONTRACT................................................................................52.1 Objective............................................................................................................................................ 5

2.2 Overview of services to be provided..................................................................................................6

2.3 Phase 1 – Review of the issues and investigation of policy and practice on OSH and older workers in the member states......................................................................................................................... 7

2.4 Work-package 1 - Reviews regarding OSH and an ageing workforce...............................................8

Description of the services to be provided.........................................................................................8

Deliverables..................................................................................................................................... 10

Schedule overview........................................................................................................................... 11

2.5 Work-package 2 - OSH policies, strategies, programmes and actions for an ageing workforce...........12

Objective.......................................................................................................................................... 12

Description of the services to be provided.......................................................................................12

Deliverables..................................................................................................................................... 15


2.6 Work-package 3 –Rehabilitation systems, strategies and programmes...........................................18

Objective.......................................................................................................................................... 18


Deliverables..................................................................................................................................... 21


2.7 Work-package 4 – Workplace practices and support for enterprises – examples, experiences and needs............................................................................................................................................... 24


Deliverables..................................................................................................................................... 28


2.8 Work-package 5 – Support to meeting in the European Parliament.....................................................31

Objective.......................................................................................................................................... 31


Deliverables and schedule...............................................................................................................31

2.9 Phase 2............................................................................................................................................ 32

2.10 Work-package 6 – Final analysis and support to final seminar........................................................32

Objective.......................................................................................................................................... 32


Deliverables..................................................................................................................................... 34


2.11 Deliverables – general requirements...............................................................................................35

2.12 Schedule overview........................................................................................................................... 36

2.13 Budget............................................................................................................................................. 37

EU-OSHA, Gran Vía 33, E-48009 Bilbao, [email protected], Tel:+34944794360 1

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mailto:[email protected]


2.14 Project management........................................................................................................................ 38

3 TENDERING PROCESS..........................................................................................403.1 Participation in the tendering procedure..........................................................................................40

3.2 Communication................................................................................................................................ 41

3.3 Price................................................................................................................................................. 42

3.4 Payment terms................................................................................................................................. 42

3.5 Contractual framework..................................................................................................................... 42

3.6 Documentation for tenderers...........................................................................................................42

3.7 Submission of tenders..................................................................................................................... 43

3.8 Structure of tenders......................................................................................................................... 43

4 ASSESSMENT OF THE TENDER...........................................................................444.1 Procedure........................................................................................................................................ 44

4.2 Exclusion criteria.............................................................................................................................. 45

4.3 Selection criteria.............................................................................................................................. 46

4.4 Award criteria................................................................................................................................... 46

4.5 Awarding of the contract.................................................................................................................. 49

ANNEX I – FORMS........................................................................................................50CONSORTIUM FORM

SUBCONTRACTORS FORM

LEGAL ENTITIES

FINANCIAL IDENTIFICATION

EXCLUSION CRITERIA DECLARATION

ANNEX II – DRAFT SERVICE CONTRACT


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1 PURPOSE AND CONTEXT OF THE CONTRACT

1.1 The European Agency for Safety and Health at Work

Structure and functionAs a tripartite organisation, the European Agency for Safety and Health at Work (EU-OSHA) works closely with governments, employers’ and workers’ representatives. In its role as a reference point for occupational safety and health (OSH) information, EU-OSHA commissions, collects, analyses and publishes research and statistics on OSH risks. To compliment this work it collects, analyses and shares good practices, including case studies and provides good practice advice. It examines OSH topics and provides an overview of safety and health at work in Europe, describes trends and underlying factors, and anticipates changes in work and their likely consequences for safety and health. Additionally, it aims to stimulate discussion and reflection among EU-OSHA's stakeholders, and to provide a platform for debate between policy-makers at various levels. It also runs awareness-raising campaigns and including the European Week for Safety and Health at Work, and provides information on its website1, via its electronic newsletter OSHmail, and in a range of printed publications targeted at different audiences.

EU-OSHA’s vision is to be the European centre of excellence for OSH information, promoting a preventive culture to support the goal of making Europe’s current and future workplaces safe, healthy and productive.

Aims and objectivesEU-OSHA has six strategic goals for 2009-2013: To raise awareness of OSH risks and their prevention

To identify good practice in OSH and facilitate its exchange

To anticipate new and emerging risks in order to facilitate preventive action

To promote Member State co-operation on information sharing and research

To promote networking to make the best use of OSH resources in Europe and beyond, and

To make the EU-OSHA a leading exemplar in social and environmental responsibility.

And in working towards these goals, EU-OSHA aims to be: Pan-European: creating a common approach to OSH

Relevant and responsive to user needs

Reliable and transparent, providing accurate and unbiased information

Tripartite: working with employers, employees and government, and

Partnership- and network-based.

1.2 Background specific to this contract

Requirements of the European Parliament pilot project on the health and safety of older workersThis contract is part of a larger EU-OSHA project being carried out for and defined by the European Parliament. The European Parliament’s pilot project2 on OSH and older workers aims to enhance the implementation of existing recommendations, the exchange of best practice and the further investigation of possible ways of improving the OSH of older people at work, further developing work

1 http://osha.europa.eu/2 See 04 04 16 Pilot project — Health and safety at work of older workers, OJ 29.02.2012, Chapter 0404—Employment, Social Solidarity and Gender Equality, II/230 - II/231. http://bookshop.europa.eu/en/official-journal-of-the-european-union-l-56-29.02.2012-pbFXAL12056/


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already carried out, as the ageing workforce will have a serious financial impact on workers, employers and taxpayers. The European Parliament’s pilot project includes making an assessment as to the appropriateness of a preparatory action with a view to putting in place a Union instrument to reach the objective of ensuring that 75 % of the population aged from 20 to 64 is in employment, as set out in the Europe 2020 Strategy, and of promoting the physical and psychological health of older workers. The European Parliament’s pilot project is based on its study New forms of physical and psychosocial health risks at work3. A number of specific objectives are set out by the European Parliament for the project, and the European Parliament requests the assistance of EU-OSHA to carry out the project. According to the role and remit of EU-OSHA, it will support the European Parliament’s pilot project in the following ways:

Building on existing work in the EU, EU-OSHA will assist the implementation of existing recommendations, the exchange of best practice and the further investigation of possible ways of improving the OSH of older people at work. In particular, regarding OSH, the EU-OSHA project will:— assist the promotion of a European work-force with a balance of youth and maturity which is regarded as being best able to respond to the rapidly changing circumstances associated with globalisation and to encourage throughout the Union human resource management with an effective long-term strategy that permits appropriate adjustments in careers and training by focussing on developing skills and attenuating the process of decline,— encourage and support the activities of the Member States regarding the gender dimension, among which information on the impact of the menopause, and the needs of all workers independent of good working conditions, in particular as they relate to health and safety, flexible working arrangements and care services,— support, at Union level, the development and dissemination of data regarding typical problems of older workers, such the decline of physical capacity and fitness and of some psychophysical capabilities (e.g. perceptiveness, response rate, efficiency of the sense organs), the increased incidence rate of many diseases of older workers, for example cardiovascular, respiratory and musculoskeletal diseases and hormonal and metabolic disorders, as well as of the corresponding preventive and therapeutic actions, including corresponding training of the responsible human resource management,— facilitate the identification, exchange and sharing of good practices (e.g. case studies) on occupational safety and health of older workers,— investigate the development of initiatives aimed at opening access to technical advice on the health risks facing older workers, for SMEs in particular,— support the application of existing legal requirements for the prevention of harm to workers, where necessary specifically for older workers, among which the consideration of diversity in risk assessment,— assist the exchange of information and experience to support the integration, or mainstreaming, of occupational safety and health into general employment policies in areas such as equality actions, retirement/pension options, human resources and training issues,— assist the exchange of information and experience to support the integration, or mainstreaming, of issues relating to the changing demographic structure of Europe’s workforce into labour inspection activities and other prevention activities,— assist development in areas such as return-to-work and rehabilitation for older workers, including individualised training, for example after an occupational musculoskeletal disorder.

EU-OSHA will produce a report of the findings of its activities, including suggestions for further actions. This will be allow the European Commission to provide the European Parliament with an assessment of the appropriateness of a preparatory action with a view to putting in place a Union instrument.

OSH focus and holistic OSH approachThe EU-OSHA project will take OSH as its centre of focus, e.g. to explore and assess what is happening from an OSH perspective (e.g. concerning current strategies and practices of national OSH authorities, OSH intermediaries and OSH professionals in and outside of the workplace) and assist the sharing of OSH good practices and tools.

3 http://www.europarl.europa.eu/document/activities/cont/201107/20110718ATT24294/20110718ATT24294EN.pdf


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The EU-OSHA project envisages a holistic approach to improving and promoting the safety, health and wellbeing of older workers which encompasses occupational safety and health and workplace health promotion (WHP). The overall OSH objective is to promote safer and healthier work for workers of any age, incorporating into that, as necessary, specific strategies and actions for an ageing workforce. The approach is holistic in the sense that: there is a need to improve the OSH of all workers throughout their working life, from their first day

at work, in order to maintain and improve the workability and employability of older workers; there is a need to embrace diversity in general and older workers in particular in all OSH activities; it will encompass prevention, health promotion, rehabilitation, training and skills development to

facilitate careers adjustment; although the EU-OSHA project takes OSH and OSH actors as its focus, OSH aspects in general and

OSH in relation to older workers in particular need to be mainstreamed into employment policy, health policy and human resources activities.

The EU-OSHA project will adopt an approach that focuses on potential, skills and ability, not age: The EU-OSHA project will recognise that different sectors have different issues, e.g. in the construction and agriculture sectors, and that there are persistent problems with an increasing vulnerability of older (post-65) workers. However, it will also highlight some of the myths around the abilities and capacities of older workers. Older adults are vastly different from each other. This is as a result of both external and internal factors that interact with the process of ageing, and, therefore, no stereotype of older workers is likely to be true for all, or even most, older workers. Health and safety legislation requires employers to minimise the health and safety risks to all employees and adapt work to individuals. Employment discrimination legislation covers both age and disability, and health and safety must not be a barrier to employment. The overall aim is to make jobs sustainable for all workers throughout their working lives. In keeping with the recognition of diversity and a holistic approach, gender will be integrated throughout the project.

2 SUBJECT OF THE CONTRACT

2.1 Objective

The overall objective of the EU-OSHA project is to help inform policy development in the area of OSH and older workers, improve knowledge concerning current policies, strategies, programmes, instruments and practice and provide an analysis and policy options, and support the sharing of experience and practice by providing examples of successful and innovative practice and the views of stakeholders. This contract will contribute to this overall objective by improving knowledge concerning: OSH policy, strategy, programmes and communication strategies, instruments, actions that are

aimed at or contribute to promoting and prolonging health and safety throughout working life. Specific examples of policies, strategies, systems and programmes/instruments/actions. Specific successful and innovative practices, what makes them successful and their transferability. The differences and commonalities in actions, experiences and views in different member states. Experiences from workplaces on involvement in programmes and actions, and on needs, drivers and

barriers. The specific needs of national OSH systems to promote and prolong health throughout working life. The specific needs of national OSH systems to promote the health and safety of older workers.

And, using the above, to provide: An analysis and policy and strategy options for OSH for different levels and actors

In the execution of tasks and drawing of conclusions, the following, covered by the European Parliament’s decision, should be borne in mind as appropriate: different sizes of organisations and different sectors; the application in respect of older workers of existing legal requirements for the


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prevention of harm to workers; access to technical advice and occupational health services (employers and workers); preventative actions, training; mainstreaming of OSH and older workers/diversity issues into labour inspector activities, other prevention activities and general older worker employment actions; gender issues. The project takes a holistic approach to safer and healthier work at any age and so will cover both OSH systems and programmes to promote health throughout working life – including access to assistance for SMEs, provision of and access to occupational health services and rehabilitation services - and specific strategy and actions on older workers/diversity.

The project will build upon the extensive work already carried out at EU-level and in the member states. In particular, it will use the work of Eurofound and the European Network of Workplace Health Promotion (ENWHP) as reference points. The work will also take account of recent EU-level developments such as the guide produced by the European sector social dialogue committee for gas and electricity4 and relevant international recommendations such as those of the World Health Organisation. Where appropriate work must take account of the section on older workers in the European Parliament’s study New forms of physical and psychosocial health risks at work5 and the policy areas covered in the report. Similarly, the work must take account of the European Parliament’s report Occupational safety and health risks for the most vulnerable workers6.

The work will be carried out in two distinct phases as described in 2.2 to 2.10 below. It should be noted that execution of the second phase will be conditional on satisfactory progress of the first phase of the contract on the part of the contractor and also on availability of the necessary budget appropriations on the part of EU-OSHA.

2.2 Overview of services to be providedThe following table provides an overview of the work-packages (WP) comprised in each of the two phases of the project, which are described in further detail below.

Work-package (WP) Work-package title

Phase 1

WP 1 Reviews regarding OSH and an ageing workforce

WP 2 OSH policies, strategies, programmes and actions for an ageing workforceWP 3 Rehabilitation systems, strategies and programmes

WP 4 Workplace practices and support for enterprises – examples, experiences and activities

WP 5 Support to meeting in the European ParliamentPhase 2

WP 6 Final analysis and support to final seminar

2.3 Phase 1 – Review of the issues and investigation of policy and practice on OSH and older workers in the member states Maximum available budget: €1,650,000. Deadline for completion of work: Approximately 21 months after start of the contract, e.g. December

2014 assuming the contract is signed at the end of March 2013.

4 http://www.epsu.org/a/60925 http://www.europarl.europa.eu/document/activities/cont/201107/20110718ATT24294/20110718ATT24294EN.pdf6 http://www.europarl.europa.eu/document/activities/cont/201108/20110829ATT25418/20110829ATT25418EN.pdf


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http://www.epsu.org/a/6092


Comprises work-packages 1 to 5

Phase 1 aims at reviewing various issues regarding OSH and older workers and investigating policy and practice in the EU and member states, including through activities to obtain views of intermediary organisations and from the workplace.


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2.4 Work-package 1 - Reviews regarding OSH and an ageing workforce

Objective

The specific objective of this work-package is to: To increase knowledge and improve access to key information on OSH/workplace health promotion

in relation to older workers To support the development and dissemination of information regarding OSH issues related to older

workers and corresponding actions to prevent and manage the issues To provide reviews of current knowledge and state of play regarding: issues related to OSH and older

workers and available guides and tools for use at workplace-level To provide a checklist compatible with the EU-OSHA Online Interactive Risk Assessment (OiRA) tool7.

The primary target group comprises EU decision-makers, member state governments, OSH authorities, work insurance organisations etc., trade unions’ and employer’s representatives who, in view of the results, may take decisions on OSH and older workers. The outcome should help them: to have a better understanding of what is taking place, and what could be done, the advantages and

disadvantages of options, drivers and obstacles;

to better assess what decisions they need to consider in order to promote the OSH of older workers in the future.

A further target group includes those developing and running activities to support actions at the workplace level as well as the research community.

Description of the services to be providedBy means of desk research, the contractor will carry out reviews from existing information, to provide an up-to-date summary of knowledge regarding the specified topics. This information could be scientific literature, ‘grey literature’ from other reliable sources, such as government documents, documents from OSH organisations, social partners, NGOs etc., newsletters, reports, working papers, bulletins, etc. The reviews should provide a broad overview of the state of knowledge and practice in the field. They should explain in a coherent and structured way the current knowledge and views and must include an appropriate analysis of the information collected together with a clear presentation of the findings. The work must be based on a sound scientific review methodology and the reports will include details of the methodology and sources used. Where available, existing, published reviews, compilations and key reports must be used. This includes key reports at the European-level, such as those of the European Foundation, ENWHP and the European Parliament and any key reports at the international-level such as those of the World Health Organsiation. EU-OSHA may supply sources which it wishes to be included. Each literature survey will typically comprise: an introduction and background information; body of the review with discussion of sources; conclusions; and references. In particular, where available, existing published reviews, compilations and key reports should be identified and cited, including existing EU-OSHA reports.

The contractor will also provide hazard and prevention checklists suitable for the EU-OSHA OiRA tool.

Task 1 Overviews of issues related to OSH and older workersAn overview will be provided regarding various issues related to OSH and older workers and their corresponding prevention approach. In particular, in drafting these individual topics the contractor will draw on commonly recognised good practice strategies. The task can be regarded as the production of ‘setting-the-scene’ summaries of key issues regarding OSH and older workersThe review will cover the following in a series of separate sections or inventories:

7 http://www.oiraproject.eu/


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- Overview of the background to why this is a topic of concern (e.g. demographic change, increased retirement age, costs to business and to society of not giving attention to the OSH of older workers).

- Overview of OSH issues related to older workers – including capabilities and the importance of age and individual differences, and myths concerning the abilities of older workers.

- Overview of a holistic approach to OSH and older workers and key models/approaches of interest in this respect. This will include general OSH issues and implications for older workers – i.e need to improve OSH for all, access to occupational health services, support for SMEs. It will include taking into account diversity/older workers in risk assessments.

- Overview of issues related to younger workers and improvement of their OSH in order to improve employability later (including drawing on material in existing EU-OSH publications)

- Overview of findings in relation to workplace health promotion and older workers - Overview of issues/findings related to specific hazards/risks/sectors - Overview of synergies between OSH and older workers and other policy areas (OSH policy,

employment policy, health policy, education policy etc.) and implications for mainstreaming OSH and older workers into other policy areas.

- Overview of key statistics in relation to work, OSH and age: key European OSH injury, ill health statistics, work disability statistics in relation to age; employment demographics. Sources will include – Eurostat, European Injury Database information on work injury by age, Eurofound, and EU-OSHA’s “OSH in Figures” reports8.

- An annotated bibliography of key reports and resources on OSH and older workers

Task 2 Review of the gender dimension regarding OSH and older workers. This will include OSH issues for women with caring responsibilities in their private lives/flexible working, OSH issues related to the menopause and OSH issues specific to employment areas where women dominate. It will include examples of good practice and draw on relevant material in EU-OSHA publications.

Task 3 Review of available resources for workplaces – including tool kits, guides, training tools and other instruments. The review will identify existing reviews of resources and key resources. It will cover the member states and the EU-level (e.g. Leonardo da Vinci programme training tools, tools arising from other EU funding programmes such as PROGRESS, EQUAL, European Social Fund regional funding, tools developed by European Sector Social Dialogue Committees, Eurofound and the ENWHP etc.). It will also include resources from the international-level if innovative. The review will identify, document and build on existing reviews of resources by other organisations such as the European Network for Workplace Health Promotion and Eurofound. Brief descriptions of the tools/instruments, any special features and links to the resource will be given. The review will include any communication and engagement methods used for dissemination. The review will include an overview of findings regarding available resources, a discussion of resources and a list of key compilations of tools, with links.

Note: In their offers tenderers must describe the methodology they will use to carry out tasks 1, 2 and 3.

Task 4 – Risk assessment checklist on older workers compatible with OiRA. EU-OSHA’s Online Interactive Risk Assessment project, OiRA9, provides a platform for external organisations to develop risk assessment tools for small businesses. The platform includes modules in the form of checklists for developers which they can utilise to help them develop a risk assessment tool. The modules are comprised of “risk-statements” (statements to be included in the hazard identification step of the tool) and preventive measures (practical solutions/measures linked to the hazards/problems mentioned in the hazard identification step). The contractors will draft an OiRA-compatible hazard and prevention measures checklist on older workers for the platform. The contractor will liaise with EU-OSHA staff regarding the functioning of OiRA, its format and other requirements. A short module is envisaged, for example, a simple problem statement with 10 or 12 measures that could be considered by a small business may be appropriate. E.g. of a problem statement is ‘Measures for older workers have been taken or are not necessary’. Additional information about when/why an employer may need to take 8 Examples of EU-OSHA OSH in Figures reports: http://osha.europa.eu/en/publications/reports/TERO09009ENC/ and http://osha.europa.eu/en/publications/reports/7606507 9 http://www.oiraproject.eu/


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http://osha.europa.eu/en/publications/reports/TERO09009ENC/


older workers into account, including the legal context will be provided. E.g. of a measure is carrying out an age analysis, and a simple explanation about the use and circumstances of use and link(s) to further information will also be provided. Where possible, simple examples of use will be given.

Overview of services to be provided

NOTE: In the offer the tenderer must describe the composition of the staff team that will be allocated to the work-package in terms of days of work and seniority.

Deliverables

Inception reportWithin two weeks of the kick-off meeting the contractor will deliver an inception report that describes the conceptual framework the contractor will use in undertaking the tasks. The report will set out in some detail the project methodology (i.e. how each of the project tasks described above will be put into practice) and a detailed work plan indicating the phases in the project with their key deliverables and milestones.

Task 1, 2 and 3 – Overview and reviewsFor each task:Two months after signature of the contract:

Outline and progress report on the reviewSix months after signature of the contract:

Interim draft report Nine months after signature of the contract:

Draft report including a draft discussion and conclusionsTwelve months after signature of the contract:

Final report containing an introduction, description of the methodology, body of the review, and discussion and conclusions. The report will be approximately 25,000 words, plus references and annexes, together with a 200 word abstract and an executive summary of 3,000 to 4,000 words maximum

Task 4 - Risk assessment checklist on older workers compatible with OiRA Two months after signature of the contract:

Outline following discussion with EU-OSHA OiRA staffFour months after signature of the contract:

1st Draft checklistSix months after signature of the contract:

2nd Draft checklistEight months after signature of the contract:

Final checklist

Schedule overviewWork should commence at the end of March 2013, following signature of the contract. This date assumes no substantial delays during the procurement process. All deliverables should be finalised and submitted by twelve months later.


The contractor will provide overviews of various issues related to OSH and older workers

The contractor will provide a review of the gender dimension regarding OSH and older workers

The contractor will provide a review of available resources for workplaces

The contractor will provide a risk assessment checklist on older workers compatible with OiRA

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2.5 Work-package 2 - OSH policies, strategies, programmes and actions for an ageing workforce

Objective

The specific objective of this work-package is to investigate the policies, strategies, programmes/actions and views of national and intermediary OSH actors regarding occupational safety and health and older workers.

The work should provide descriptive overviews of what is in place and planned at EU-level, in the 27 member states (national and intermediate level), candidate and EFTA countries and in appropriate non-EU countries such as the USA, Australia and Canada, especially where innovation is seen. It will identify and describe any innovative elements. In addition, the work will provide in-depth studies of at least eight countries, as well as making an in-depth analysis at the EU-level. Qualitative research in the field in at least 10 countries will provide the views of relevant OSH actors and stakeholders on what works well, needs they have identified, and what are the drivers and obstacles. An analysis will summarise the findings, and discuss policy options to support workplaces and workers. The focus will be on OSH policy and strategy and conclusions regarding their operation and requirements. However, even though the focus will not be on general employment strategies, in analysing OSH systems regarding older workers in different countries, the broader employment context will need to be taken into account.

The primary target group comprises EU decision-makers, member states governments, OSH authorities, work insurance organisations etc., trade unions’ and employer’s representatives who, in view of the results, may take decisions on OSH and older workers. The outcome should help them: to have a better understanding of what is taking place, and what could be done, the advantages and




Description of the services to be provided

Task 1 – Country and EU overviews of OSH policy, strategy, systems and programmes in relation to older workers

The contractor will provide an overview of what is taking place with regards to OSH policy, strategy, programmes and communication strategies, instruments and actions relevant to OSH and older workers (national and intermediate level) in each of the EU-27 member states, the candidate and EFTA countries, at the EU-level, at the international level (WHO, ILO, ISSA, OECD etc.) and in appropriate countries external to the EU, e. g USA, Australia, Canada, Japan, especially where innovation is seen. Both typical and innovative practices should be highlighted together with any plans for the future. This will be done through desk research, including using and updating where necessary existing studies, and checking the overview through direct contact with relevant experts, such as a senior policy person, where necessary. The contractor should agree with EU-OSHA the experts to be contacted, and EU-OSHA has the right to suggest others. A system such as a matrix should be used to classify the elements of each description to help compare them. An overview matrix, or similar, of all the descriptions should be produced. The EU-level overview will include looking look across its policy areas and at synergies between them.

Task 2 – Detailed descriptions from a selection of countries and the EU-level


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The contractor will provide in-depth descriptions of OSH policies, strategies and programmes in relation to older workers in at least 8 countries and at the EU-level. These countries will include the Netherlands, Belgium, Germany, Austria, Finland and the United Kingdom. These are countries where a variety of activities in relation to OSH and older workers/diversity are already taking place. The contractor will select at least two other countries.

For each of the countries the contractor will provide a comprehensive description of what is taking place and being planned at the national and intermediary level. The descriptions will draw on various sources, including administrative sources, published information and ‘grey information’. Detailed descriptions of both typical and innovative examples of policy, strategy and practice will be included, with detail, where appropriate, of how practice has been developed and who was involved. Any features of cooperation across policy areas (OSH, general employment, health, training etc.) or integration of OSH into other policy areas should be described. Indications of which strategies and programmes have been evaluated and their results, where available, will be given. The in-depth descriptions must include, in brief, the relevant contextual factors regarding OSH systems and also regarding general employment policy and factors regarding the employment and demographic situation which have a bearing on the OSH strategies.

The in-depth description covering the EU will include descriptions of: EU contributions to OSH in relation to sustainable working and an ageing workforce across the EU policy areas, covering aspects such as: legislation, strategy, funding programmes, research and innovation, support to national policy makers; how OSH legislation applies to age; synergies and meeting points between OSH legislation, disability discrimination legislation, age discrimination legislation; the EU community OSH strategy in relation to age; existing EU recommendations on promoting employment of older workers in Europe; relevant activities, guides etc. of European sector social dialogue committees and other organisations at the European-level. (An example of a report presenting the EU’s contribution to a topic10).

The contractor will carry out activities to verify the descriptions with relevant OSH actors and experts, for example, a senior OSH policy person or social partners, and obtain their opinions concerning the strengths and weaknesses of what is in place and how it could be improved (e.g. through interviews with representatives from OSH authorities, member state experts, social partners). The contractor should agree with EU-OSHA the experts to be contacted, and EU-OSHA has the right to suggest others.

The work will include activities to verify the descriptions appropriate with experts, for example, a senior OSH policy person or social partners, and obtain their opinions concerning the strengths and weaknesses of what is in place and how it could be improved.

Examples will be described following a standardised format to be agreed with EU-OSHA.

A comparative overview and analysis will be made of the in-depth descriptions, including what are the commonalities, what innovation is seen, relevance of contextual factors such as the OSH system and employment policy and situation and ease of transferability of examples of strategy and practice to other member states.

Note: In their offer, tenderers must indicate the additional countries that they would cover in the detailed descriptions if awarded the contract and explain the basis for their selection. The countries selected must be carrying out actions in OSH related to older workers, but as far as possible the additional countries selected should contrast with the other six countries to reflect the diversity within the member states, the differences in OSH and social systems and differences in approaches to OSH and older workers.

Task 3 – Qualitative research with OSH intermediaries

10 The EU contribution to active ageing and solidarity between the generations. http://ec.europa.eu/social/BlobServlet?docId=8710&langId=en


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The preceding task will provide extensive information about national OSH policy, strategy and programmes in relation to older workers, but will not be able to paint a complete picture. An important part of this study consists of discussion between key OSH intermediaries in the selected member states in order to provide additional information to help with the interpretation of the information collected.

The OSH intermediaries and experts selected to participate should have knowledge of how the policies and strategies are operating in their member state. They must include representatives covering government, trade unions and employers. Therefore they are likely to be different from the participants in the qualitative research in work-package 3, and therefore any overlap should be justified. Participants from policy areas other than OHS may be considered. The contractor should agree with EU-OSHA the experts to be contacted, and EU-OSHA may suggest additional experts or exceptionally require that the contractor substitutes one or more of the proposed experts.

The qualitative research in the field will be carried out in at least 10 countries. These countries will include all those covered in the detailed descriptions of task 2 (the Netherlands, Belgium, Germany, Austria, Finland, the United Kingdom and at least two others) and at least two more countries in addition where there is less well-developed or limited strategy and programmes in place on OSH in relation to older workers.

For each country the contractor will carry out qualitative research in the field to obtain views on what works well, what could be improved, and what are the drivers, needs and obstacles, and collect examples of practices. The contractor will organise and run, in the native language, discussion group(s)/activities with appropriate OSH intermediaries and experts, and, where necessary, use other means such as surveys, interviews etc. in order to cover the full range of relevant OSH stakeholders.

Discussion group(s)/activities will be moderated by professional facilitators alongside someone with relevant OSH expertise, if the moderator does not have OSH expertise. The contractor will be responsible for all expenses that may be incurred related to running discussion group(s)/activities (e.g. venue, refreshments, moderator, travel expenses/reward for participants) and any other field work.

Note: In their offer, tenderers must indicate the countries additional to those specified and proposed for task 2 that they would cover in the qualitative research if awarded the contract and explain the basis for their selection. The aim is to include some additional countries in the qualitative research which have less developed strategy and limited activities taking place on OSH in relation to older workers, and, as far as possible, the additional countries selected should contrast with the other countries to reflect the diversity within the member states, the differences in OSH and social systems and differences in approaches to OSH and older workers.

Note: Offers should provide explicit details regarding the format and methodology for running the discussion group(s)/activities, follow-up interviews etc. (For discussion group activities this includes the number of groups, size/number of participants, types of participants, format, mode and duration of discussion group(s)/activities).

Task 4 AnalysisUsing the outputs from the previous tasks 1, 2 and 3 the contractor will provide a coherent report summarising the combined findings of the tasks, including policy and strategy options for different levels and actors, including EU-level.

The analysis will compare approaches taking account of relevant aspects of national contexts (such as the structure and function of national regulatory and advisory systems relating to safety and health at work as well as the broader social and economic context), discuss challenges and success factors and discuss the transferability of examples of strategy and practice. It will include an assessment of the prerequisites of an OSH system to assist to support and promote good OSH in the context of an ageing


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workforce. Both support and needs of workplaces and information and support for older workers should be covered. Where appropriate the analysis should take account of the headings in the policy recommendations of the European Parliament’s study New forms of physical and psychosocial health risks at work11.

The resultant report will include an executive summary, a description of the methodology, policy proposal, conclusions, annexes and bibliographic references.



Deliverables


Task 1 Country EU overviews of OSH policy, strategy, systems and programmes in relation to older workers Two months after signature of the contract:

Progress report including matrix for classification of country overviews and plan for verifying overviews

Four months after signature of the contract: Interim draft country overviews in the form of inventories,

including sources of informationSeven months after signing the contract – Draft final report:

Draft introduction to the work, including methodology Draft country overviews in the form of inventories Draft comparison matrix/summary tables to give an overview

across countries Ten months after signature of the contract – Final report containing:

Introduction to the work, including methodology Final country overviews in the form of inventories Final comparison matrix/summary tables to give an overview

across countries Any annexes

Task 2 Detailed descriptions from a selection of countries and the EU-levelTwo months after signature of the contract:

Long list of proposals for the systems or programmes to be described in detail. Proposal for their verification

Six months after signature of the contract: Interim draft in-depth descriptions of the programmes or

systems



The contractor will review what is taking place in every member state, regarding OSH policy/strategy, programmes, instruments and actions relevant to older workers (national and intermediate level). The review should also cover the candidate and EFTA countries, the EU-level, and the international-level (WHO, ILO, ISSA etc.) and, in lesser detail, appropriate countries external to the EU, e.g. USA, Australia, Canada, Japan especially where innovation is seen. This will be done through desk research, including using and updating where necessary existing studies backed by direct contact with relevant parties, in order to provide:

o General descriptions covering all member states, other relevant countries and the EU-level and international-level

o Detailed descriptions of both typical and innovative examples.

The contractor will describe in depth and analyse what is taking

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Nine months after signing the contract – Draft final report: Draft introduction including methodology Draft in-depth descriptions of the programmes or systems Draft comparison matrix/summary tables to compare the examples and draft analysis

Twelve months after signature of the contract – Final report: Final report containing the final in-depth descriptions of the programmes or systems,

introduction, methodology, analysis including conclusions and tables, any annexes.

Task 3 Qualitative research with OSH intermediaries One month after signature of the contract – as part of the inception report

Plan for obtaining OSH intermediaries’ experiences and views – discussion group plan, including schedule, questions, proposed participants

Six months after signature of the contract: Progress report containing detailed information on the implementation of the field work

Nine months after signature of the contract Detailed results of the discussions etc. with intermediaries in the form of individual national

reportsTwelve months after signature of the contract – Draft report

Draft report containing an introduction, description of the methodology, results of the discussions etc. with intermediaries; combined results across all countries; analysis and conclusions

Fifteen months after signature of the contract – Final report Final report containing an introduction, description of the methodology, results of the

discussions etc. with intermediaries; combined results across all countries; analysis and conclusions; any annexes.

Task 4 AnalysisTwelve months after signature of the contract,

Outline for the preparation of the analysis report, to include combined findings from tasks 1, 2 and 3, discussion, conclusions, policy options and an overview of results from the individual tasks 1, 2 and 3.

Fifteen months after signature of the contract - Interim draft report: Interim draft report containing the combined findings from tasks 1, 2 and 3, analysis, discussion,

conclusions, policy options and an overview of results from the individual tasks 1, 2 and 3. Eighteen months after signature of the contract - Draft final report

Draft final report containing an introduction including the methodology, combined findings from tasks 1, 2 and 3, analysis, discussion, conclusions, policy options, summary and an overview of results from the individual tasks 1, 2 and 3.

Draft Power point presentation of the findings for an OSH expert audience Draft Power point presentation of the findings for a non-OSH expert policy making audience Note: – delivery and acceptance by EU-OSHA of the draft final analysis report is a condition for

the commencement of phase 2.Twenty one months after signature of the contract - Final report

Final report containing an introduction, description of the methodology, combined findings from tasks 1, 2 and 3, analysis, discussion, conclusions, policy options, summary and an overview of results from the individual tasks 1, 2 and 3. The report will be approximately 50,000 words, plus references and annexes, together with a 200 word abstract and an executive summary of 3,000 to 4,000 words maximum.

Final Power point presentation of the findings for an OSH expert audience Final Power point presentation of the findings for a non-OSH expert policy making audience

The draft final analysis report will be for internal use; its circulation will be restricted to members of EU-OSHA staff, and members of its network, such as the Prevention and Research Advisory Group and the Expert Group on Workplace Health Promotion. Comments from network members or from EU-OSHA


The contractor will review what is taking place in every member state, regarding OSH policy/strategy, programmes, instruments and actions relevant to older workers (national and intermediate level). The review should also cover the candidate and EFTA countries, the EU-level, and the international-level (WHO, ILO, ISSA etc.) and, in lesser detail, appropriate countries external to the EU, e.g. USA, Australia, Canada, Japan especially where innovation is seen. This will be done through desk research, including using and updating where necessary existing studies backed by direct contact with relevant parties, in order to provide:

o General descriptions covering all member states, other relevant countries and the EU-level and international-level

o Detailed descriptions of both typical and innovative examples.

The contractor will describe in depth and analyse what is taking

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staff will be provided to the contractor within 30 days of submission of the report and should be accommodated before submission of the final report.

Schedule overviewWork should commence at the end of March 2013, following signature of the contract. This date assumes no substantial delays during the procurement process. All deliverables should be finalised and submitted by twenty one months later.

Note: – delivery and acceptance by EU-OSHA of the draft final report of the analysis, following task 4, is a condition for the commencement of phase 2.


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2.6 Work-package 3 – Rehabilitation systems, strategies and programmes

ObjectiveThe specific objective of this work-package is to investigate strategy and actions in the European Union and member states regarding return-to-work/rehabilitation (including training) in relation to occupational safety and health and older workers. This includes cross-policy action on rehabilitation, i.e. OSH cooperation with general employment, health and education policy areas.

The work should provide descriptive overviews of what is in place and planned at EU-level, the 27 member states (national and intermediate level), candidate and EFTA countries and appropriate non-EU countries such as the USA, Australia and Canada, especially where innovation is seen. It will identify and describe any innovative elements. In addition, the work will provide a minimum of eight detailed descriptions of examples of rehabilitation systems or programmes. Qualitative research in the field will provide the views of relevant OSH actors and stakeholders on what works well, what they would like to do, and what are the drivers, needs and obstacles. A state-of-the-art report will provide a review regarding OSH and the provision of rehabilitation/return-to-work services. An analysis will summarise the findings, and discuss policy options regarding rehabilitation/return-to-work strategies and programmes to support workplaces and workers. The focus will be on the OSH components of rehabilitation systems and programmes and the conclusions regarding their operation and requirements (not medical-focused rehabilitation practices and recommendations).


disadvantages of options as well as the drivers and obstacles;




Task 1 – State-of-the-art review on rehabilitation/return-to-work By means of desk research, the contractor will carry out a survey to provide an up-to-date summary of knowledge and recommendations regarding the provision of rehabilitation/return-to-work/employability services. The focus should be on the OSH components of rehabilitation systems and programmes and the conclusions regarding their operation and requirements (not medical-focused rehabilitation practices and recommendations). The survey should provide a broad overview of the state of knowledge in the field. It should explain in a coherent and structured way the current knowledge, views and consensus opinion and present conclusions on OSH and rehabilitation systems including prerequisites for a successful system, and any findings on partnership and cooperation across policy areas. The work must be based on a sound scientific review methodology and the report will include details of the methodology and sources used. Sources may include published literature and ‘grey literature’. It will be important to identify existing state-of-the-art reports and key recommendations in this field, e.g. from the WHO, the ILO, ISSA, and include relevant recommendations from EU-OSHA publications. EU-OSHA may supply sources which it wishes to be included. The literature survey will typically comprise: an introduction and background information; body of the review with discussion of sources; conclusions; and any annexes.


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Note: In their offer, tenderers should describe the methodology they will use to carry out the state-of-the-art review.

Task 2 – Overview of rehabilitation/return-to-work systems, strategies and programmesThe contractor will provide an overview of what is taking place regarding rehabilitation/return-to-work systems, strategies, programmes (national and intermediate level) in each of the EU-27 member states, candidate and EFTA, at the EU-level and in appropriate countries external to the EU, e. g. the USA, Australia, Canada, Japan, especially where innovation is seen. Both typical and innovative practices should be highlighted, as should any features particularly relevant to the OSH of older workers and any plans for the future. This will be done through desk research, including using and updating where necessary existing studies, and checking the overview through direct contact with relevant experts, such as a senior policy person, where necessary. The contractor should agree with EU-OSHA the experts to be contacted, and EU-OSHA has the right to suggest others. The EU-level overview will look across the policy areas and at synergies between them. A system such as a matrix should be used to classify the elements of each description to help to compare them. An overview matrix, or similar, of all the descriptions should be produced.

Task 3 – Detailed descriptions of examples of rehabilitation/return-to-work systems and programmesThe in-depth descriptions will provide a selection of examples of what is taking place in practice in terms of rehabilitation/return-to-work systems and programmes. This will include some activities to obtain the views and experiences of relevant OSH experts/stakeholders involved in the programmes and of those who have taken part in the programmes.

The contractor will identify examples of systems, programmes or instruments in the field of rehabilitation/return-to-work to be described in detail. The contractor will make a long list of at least sixteen proposals for examples (providing a brief description of them) to be described in detail. From these at least eight will be selected in agreement with EU-OSHA, who has the right to propose alternative examples. Cases could be selected, for example, because they show a particularly comprehensive approach, or have particularly interesting or innovative features. Cases could cover specific issues such as working with a chronic illness, MSDs, or could be a more general description of a rehabilitation programme with an OSH focus. As far as possible the examples selected should also reflect the diversity across the member states, such as the differences in OSH and social systems and differences in approaches to rehabilitation and OSH and older workers in particular. The in-depth examples will describe in detail the specific activities that are taking place, including specific examples of how the programmes have operated in practice. Where possible the descriptions should be illustrated with some commentaries from those, such as specific employers or workers, who have taken part in the programmes. Any features of cooperation across policy areas (OSH, general employment, health, training etc.) or integration of OSH into other policy areas should be described.

The work will include activities to verify the descriptions of the programmes with appropriate experts, for example, experts or social partners involved in establishing or operating the programmes, and obtain their opinions concerning the strengths and weaknesses and how they could be improved. The contractor should agree with EU-OSHA the experts to be contacted, and EU-OSHA has the right to suggest others.


A comparative overview and analysis will be made of the examples, including factors that contribute to their success and their transferability.

Note: In their offer, tenderers should describe how they would identify examples and carry out the investigation.


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Task 4 - Qualitative research with OSH intermediaries The preceding tasks will provide extensive information about strategy and programmes in the field of OSH and rehabilitation/return-to-work, but will not be able to paint a complete picture of how these translate into practice. An important part of this study consists of discussion between key OSH intermediaries in the selected member states to provide additional information to help with the interpretation of the information collected.

The contractor will select a minimum of eight countries in which to carry out the qualitative research in the field. For each country the contractor will obtain views on what works well, what could be improved, and what are the drivers, needs and obstacles to the success of rehabilitation programmes, effective workplace practice, engagement of workplaces etc., and collect examples of practices. The contractor will organise and run, in the native language, discussion group(s)/activities with appropriate OSH intermediaries and experts, and, where necessary, use other means such as surveys, interviews etc. in order to cover the full range of relevant OSH stakeholders.

Discussion group(s)/activities will be moderated by professional facilitators alongside someone with relevant OSH expertise, if the moderator does not have OSH expertise. The contractor will be responsible for all expenses that may be incurred related to running discussion group (e.g. venue, refreshments, moderator, travel expenses/reward for participants).

The OSH intermediaries and experts selected to participate should have experience of rehabilitation/return-to-work programmes and policy in their member state. Therefore they are likely to be different from the participants in the qualitative research in work-package 2 and therefore any overlap should be justified. They must include representatives covering government, trade unions and employers. Participants from policy areas other than OHS may be considered. The contractor should agree with EU-OSHA the experts to be contacted, and EU-OSHA may suggest additional experts or exceptionally require that contractor substitute one or more proposed experts.

Note: In their offer, tenderers must indicate the countries that they would cover in the qualitative research if awarded the contract and explain the basis for their selection. As far as possible the countries selected should reflect the diversity within the member states, the differences in OSH and social systems and differences in approaches to OSH and older workers and rehabilitation/return-to-work in particular (different member state sizes and contexts, regulatory approaches and types of OSH system, older and newer member states etc. Countries may need to differ from those used in work-package 2, reflecting that there is broader activity on OSH and rehabilitation in the member states than on OSH and older workers.

NoteOffers should provide explicit details regarding the format and methodology for running the discussion group(s)/activities, follow up interviews etc. (For discussion group activities this includes the number of groups, size/number of participants, types of participants, format, mode and duration of discussion group(s)/activities).

Task 5 - AnalysisUsing the outputs from the previous tasks 1, 2, 3 and 4 the contractor will provide a coherent report summarising the combined findings of these tasks, including policy and strategy options for different levels and actors.

The report will compare approaches taking account of relevant aspects of national contexts (such as the structure and function of national regulatory and advisory systems relating to safety and health at work as well as the broader social and economic context), discuss challenges and success factors to


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implementing rehabilitation programmes and supporting workplaces to engage in activities, and discuss transferability of programmes. It will cover cooperation across policy areas (OSH, general employment, health, training etc.) or integration of OSH into other policy areas. It will discuss the transferability of examples of strategy and practice. It will include an assessment of the prerequisites of an OSH system to assist effective rehabilitation and return-to-work. Both support and needs of workplaces and information and support for workers should be covered. Where appropriate the report should take account of the headings in the policy recommendations of the European Parliament’s study New Forms of Physical and Psychosocial Health Risks at Work12.

The resultant report will include an executive summary, a description of the methodology, policy proposal, conclusions, annexes and bibliographic references.



Deliverables


Task 1 State-of-the art review on rehabilitation/return-to-workTwo months after signature of the contract:

Outline and progress report on the reviewSix months after signature of the contract:

Interim draft report Nine months after signature of the contract:

Draft report including a draft discussion and conclusionsTwelve months after signature of the contract,

The final report. The report will be approximately 25,000 words, plus references and annexes, together with a 200 word abstract and an executive summary of 3,000 to 4,000 words maximum. It will comprise an introduction and background information, body of the review with discussion of resources, conclusions.

Task 2 Country overviews of rehabilitation systems, strategies and programmesOne month after signature of the contract – as part of the inception report:

Plan for verifying overviews Two months after signature of the contract:

Progress report including matrix for classification of country overviews and plan for verifying overviews

Four months after signature of the contract:



The contractor will carry out a desk literature review to provide an up-to-date summary of knowledge regarding the provision of rehabilitation/return-to-work services.

The contractor will review what is taking place in every member state regarding rehabilitation/return-to-work policy/strategy, programmes, instruments and actions relevant to OSH and older workers (national and intermediate level). The review should also cover the EEA countries, the EU-level, the international-level (the WHO, the ILO, ISSA etc.) and, in lesser detail, appropriate countries external to the EU, e. g USA, Australia, Canada especially where innovation is seen. This will be done through desk research, including using and updating where necessary existing studies backed by direct contact with relevant parties, in order to provide:

o General descriptions covering all member states, other relevant countries and the EU-level and

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Interim draft country overviews in the form of inventories, including sources of informationSeven months after signing the contract – Draft final report:

Draft introduction to the work, including methodology Draft country overviews in the form of inventories Draft comparison matrix/summary tables to give an overview across countries

Ten months after signature of the contract Final report containing: an introduction to the work, including methodology, final country

overviews in the form of inventories, final comparison matrix/summary tables to give an overview across countries, any annexes

Task 3 Detailed descriptions of examples of rehabilitation/return-to-work systems and programmesTwo months after signature of the contract:

Long list of proposals for the systems or programmes to be described in detail. Proposal for their verification

Six months after signature of the contract: Interim draft in-depth descriptions of the programmes or systems

Nine months after signing the contract – Draft final report: Draft introduction including methodology Draft in-depth descriptions of the programmes or systems Draft comparison matrix/summary tables to compare the examples and draft analysis

Twelve months after signature of the contract – Final report: Final report containing the final in-depth descriptions of the programmes or systems,

introduction, methodology, analysis including conclusions and tables, any annexes.

Task 4 Qualitative research with OSH intermediaries One month after signature of the contract – as part of the inception report

Plan for obtaining OSH intermediaries’ experiences and views – discussion group plan, including schedule, questions, proposed participants


Nine months after signature of the contract Detailed results of the discussions etc. with intermediaries in the form of individual national

reportsTwelve months after signature of the contract – Draft report

Draft report containing an introduction, description of the methodology, results of the discussions etc. with intermediaries; combined results across all countries; analysis and conclusions


discussions etc. with intermediaries; combined results across all countries; analysis and conclusions; any annexes.

Task 5 AnalysisTwelve months after signature of the contract,

Outline for the preparation of the analysis report, to include combined findings from tasks 1, 2 and 3, discussion, conclusions, policy options and an overview of results from the individual tasks 1, 2 and 3.



Draft final report containing an introduction including the methodology, combined findings from tasks 1, 2 and 3, analysis, discussion, conclusions, policy options, summary and an overview of results from the individual tasks 1, 2 and 3.


The contractor will carry out a desk literature review to provide an up-to-date summary of knowledge regarding the provision of rehabilitation/return-to-work services.

The contractor will review what is taking place in every member state regarding rehabilitation/return-to-work policy/strategy, programmes, instruments and actions relevant to OSH and older workers (national and intermediate level). The review should also cover the EEA countries, the EU-level, the international-level (the WHO, the ILO, ISSA etc.) and, in lesser detail, appropriate countries external to the EU, e. g USA, Australia, Canada especially where innovation is seen. This will be done through desk research, including using and updating where necessary existing studies backed by direct contact with relevant parties, in order to provide:

o General descriptions covering all member states, other relevant countries and the EU-level and

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Draft Power point presentation of the findings for an OSH expert audience Draft Power point presentation of the findings for a non-OSH expert policy making audience Note: – delivery and acceptance by EU-OSHA of the draft final analysis report is a condition for

the commencement of phase 2.Twenty one months after signature of the contract - Final report

Final report containing an introduction, description of the methodology, combined findings from tasks 1, 2 and 3, analysis, discussion, conclusions, policy options, summary and an overview of results from the individual tasks 1, 2 and 3. The report will be approximately 50,000 words, plus references and annexes, together with a 200 word abstract and an executive summary of 3,000 to 4,000 words maximum.


The draft final analysis report will be for internal use; its circulation will be restricted to members of EU-OSHA staff, and members of its network, such as the Prevention and Research Advisory Group and the Expert Group on Workplace Health Promotion. Comments from network members or from EU-OSHA staff will be provided to the contractor within 30 days of submission of the report and should be accommodated before submission of the final report.

Schedule overviewWork should commence at the end of March 2013, following signature of the contract. This date assumes no substantial delays during the procurement process. All deliverables should be finalised and submitted by twenty one months later.

Note: – delivery and acceptance by EU-OSHA of the draft final report of the analysis, following task 5, is a condition for the commencement of phase 2.


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2.7 Work-package 4 – Workplace practices and support for enterprises – examples, experiences and needs

Objective

The specific objectives of this work-package are to provide information and illustrate how programmes arising from strategy and policy function in practice and to gain insight into the experiences and needs of small businesses by: providing examples and an evaluation of programmes/interventions to assist workplaces in OSH

areas related to older workers and of practices initiated by enterprises; investigating the views of those who have been involved in these actions, including employers,

workers and worker representatives; investigating the views of small businesses regarding OSH and older workers, including their views

regarding the usefulness of support measures and tools to assist them in managing OSH in relation to an ageing workforce.






Task 1 – Examples of good practices – workplace practices and support

Task 1.1 Descriptions of good practicesThe contractor will provide in-depth descriptions of a selection of examples of what is taking place in practice in terms of OSH interventions aimed at older workers or incorporating elements relevant to older workers. The descriptions will include some views and experiences of those who have been involved with and taken part in the actions (e.g. employers, safety technicians, human resource managers, workers and trade unions, intermediaries).

The contractor will identify a long list of at least 48 examples of good practice examples covering all of the different topics listed below, and will provide a brief description of them. From this list 24 examples will be selected for detailed description, in agreement with EU-OSHA. EU-OSHA has the right to propose alternative examples. Examples from all the topics must be covered in the detailed descriptions. The examples should cover a range of member states and as far as possible the examples selected should reflect the diversity across the member states, such as the differences in OSH systems and approaches to older workers. Examples of specific interest from outside Europe will also be considered.

The examples must cover all the following topics: Examples showing a holistic approach to older workers and OSH Examples where small and micro companies have received external assistance from intermediaries

(e.g. with workability analysis, age structure analysis, ergonomic workplace interventions, training, coaching)


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Examples of workplace good practices, including examples where tools are being used in workplaces (e.g. workability analysis, age structure analysis, ergonomic workplace design tools)

Examples of workplace health promotion incorporating or adapted to the needs of older workers (either employer initiatives, or initiatives in the workplace supported by intermediaries)

Examples of prevention of musculoskeletal disorders incorporating/adapted/sensitive to the needs of older workers (either employer initiatives, or initiatives in the workplace supported by intermediaries)

Examples of prevention of work-related stress incorporating/adapted/sensitive to the needs of older workers (either employer initiatives, or initiatives in the workplace supported by intermediaries)

For each example the contractor will describe in detail the specific activities that have taken place. Where examples are intermediary-level initiatives the descriptions must include concrete examples of their application with enterprises. The descriptions will include the context of the intervention (e.g. country-specific legislation). Any features of cooperation across policy areas (OSH, general employment, health, training etc.) or integration of OSH into other policy areas should be described. This could be, for example, cooperation within the workplace of OSH and human resources or partnership in intermediary programmes.

The work will include activities to verify the descriptions of the actions with appropriate people involved in establishing and running the initiatives (for example, experts or social partners involved in establishing or operating the programmes, and employers, safety technicians and trade unions/worker representatives for workplace initiatives). This should include the benefits, strengths, weaknesses, success factors and areas for improvement of the actions. To illustrate the descriptions with some personal experience, the work will include activities to obtain some opinions and experiences from both those who have initiated actions and also from those who have taken part in the actions, for example, from employers, safety technicians, human resource personnel, worker representatives/trade unions and workers.


Task 1.2 Analyses of examplesA comparative overview and analysis will be made of the examples, including features of cooperation and partnership, and factors that contribute to their success and their transferability. For each of the topics the contractor will analyse and compare the different examples covering that

topic. The contractor will analyse and compare the examples across all the different topics. The analyses will include the use of matrices, tables or similar methods to provide a comparative

overview of examples.

Note: In their offer, tenderers should describe how they would identify examples and carry out the investigation.

Task 2 Qualitative research – workplace practices and support: experiences from workplaces involved in older workers initiatives

Task 1 will provide information about specific practices in the field of OSH and older workers, but will not be able to paint a complete picture of what is happening in practice. An important part of this study consists of qualitative research in the field at the workplace-level to provide broader information regarding current practices, experiences and views. This will include gathering information about what practices regarding older workers are taking place at the workplace and how and where workplaces access support, advice and information. The participants will be from workplaces which have implemented activities in respect to older workers and OSH or have been involved in the initiatives of intermediaries.


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The contractor will cover a minimum of ten countries in the qualitative research. These will include the same countries as those covered in tasks 2 and 3 of work-package 2. In each of the countries the contractor will organise, run and document the results of qualitative research activities in the field (e.g. discussion groups, surveys, interviews etc.) to: capture the experiences and views of employers and employers’ OSH technical staff. This will include

what practices they are using, and how and where they access support, advice and information. capture the experiences and views of older workers , This will include what practices they have been

involved in, and how and where they access support, advice and information. capture the experiences and views of trade unions/worker safety representatives . This will include

what practices they have been involved in, and how and where they access support, advice and information.

Focus groups/discussion groups will be moderated by professional facilitators alongside someone with relevant OSH expertise if the facilitator does not have OSH expertise. The contractor will be responsible for all expenses which may be incurred related to carrying out the qualitative research, e.g. for running discussion groups (e.g. venue, refreshments, moderator, travel expenses/reward for participants), travel expenses to carry out interviews, etc.

The contractors will produce a report of the methodology and results of the qualitative research, for each country and the combined results. The results will be presented and analysed so they can be viewed overall and according to different variables, as relevant, e.g. type of respondent (employer, worker representative etc.), size of organisation, sector, country, type of intervention or support etc.

NoteOffers should provide explicit details regarding the type of qualitative methods proposed and their format and methodology, e.g. for running discussion group(s)/activities, follow up interviews etc. For focus group activities this includes the number of groups, size/number of participants, types of participants, format, mode and duration of discussion group(s)/activities.

Task 3 Qualitative research – needs and views of small and micro-enterprises

An important part of this study consists of qualitative research in the field at the workplace-level to provide broader information regarding activities taking place and the views of the different parties on what kind of support would be helpful to them to address the OSH issues of an ageing workforce. The participants will be from small and micro-enterprises with no explicit policy on OSH and older workers. While small companies may not have explicit policies aimed at older workers, they may, for example, take steps to support individual older staff members on an ad hoc basis (e.g. changes in working time, or so they can continue working following an illness).

The contractor will cover a minimum of ten countries in the qualitative research. These will include the same countries as those covered in tasks 2 and 3 of work-package 2. In each of the countries the contractor will organise, run and document the results of qualitative research activities (e.g. focus groups, surveys, interviews etc.) to: capture the experiences and views of employers and employers’ OSH technical staff (if present at the

company) concerning older workers and OSH, their experiences and actions, and perceived needs, especially regarding information, programmes and tools offered by intermediaries aimed at helping the management of OSH in relation to older workers: what would be useful them, what not useful, prerequisites for their use, obstacles to their use, motivation to use them, what else they might have found useful.

capture the experiences and views of older workers concerning their OSH, their experiences and, perceived needs, including regarding information, assistance and tools offered by intermediaries aimed at helping older workers: what would be useful them, what not useful, prerequisites for their use, obstacles to their use, motivation to use them, what support they could find useful from employers, what else they might find useful.


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capture the experiences and views of trade unions/worker safety representatives concerning older workers and OSH, their experiences, perceived needs of employers and workers, especially regarding information, programmes and tools offered by intermediaries aimed at helping the management of OSH in relation to older workers: what would be useful, what not useful, prerequisites for their use, obstacles to their use, motivation to use them, what else might be useful.

The activities should provide information about the appropriateness of different types of support for micro and small organisations and their workers, any country differences and any prerequisites for their use. The research should also find out if and how the needs of an older worker are dealt with and capture any good practices taking place.

As there may not be trade union representatives at some or any of the enterprises, additional qualitative research should be carried out as necessary to obtain their views.

Focus groups/discussion groups will be moderated by professional facilitators alongside someone with relevant OSH expertise if the moderator does not have OSH expertise. The contractor will be responsible for all expenses which may be incurred related to running discussion group (e.g. venue, refreshments, moderator, travel expenses/reward for participants), travel expenses to carry out interviews, etc.

The contractors will produce a report of the methodology and results of the qualitative research, for each country and the combined results. The results will be presented and analysed so they can be viewed overall and according to different variables, as relevant, e.g. type of respondent (employer, worker representative etc.), size of organisation, sector, country, type of intervention or support etc.

Note: Offers should provide explicit details regarding: the type of qualitative methods proposed and their format and methodology, e.g. for running discussion group(s)/activities, interviews etc. For focus group activities this includes the number of groups, size/number of participants, types of participants, format, mode and duration of focus groups; and the types of issues/tools/support to be investigated.

Task 4 AnalysisUsing the outputs from the previous tasks 1, 2 and 3 the contractor will provide a coherent report summarising the combined findings of the tasks, including drivers, barriers, success factors and needs and policy and strategy options for different levels and actors. For the practices taking place, the report should compare their approaches, taking account of the relevant aspects of national contexts (such as the structure and function of national regulatory and advisory systems relating to safety and health at work as well as the broader social and economic context), and discuss challenges and the success factors in implementing the actions. It will discuss differences found in the needs and activities of different sizes of businesses. Based on the findings it will include an assessment of the prerequisites of an OSH system to promote safer and healthier work at any age and promote health throughout working life. Where appropriate it should take account of the headings in the policy recommendations of the European Parliament’s study New forms of physical and psychosocial health risks at work13. Both support for and needs of workplaces and information and support for older workers should be covered. The resultant report will include an executive summary, an introduction and description of the methodology, policy proposals, conclusions, annexes and bibliographic references.





The contractor will provide 24 detailed case studies of actions covering a range of specified topics.

The contractor will carry out qualitative research to investigate the views of those who have been involved in actions, including employers and

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Deliverables

Inception reportWithin two weeks of the kick-off meeting the contractor will deliver an inception report that describes the conceptual framework that will be used in undertaking the tasks. The report will set out in some detail the project methodology (i.e. how each of the project tasks described above will be put into practice) and a detailed work plan indicating the phases in the project with their key deliverables and milestones.

Task 1 Examples of practices

One month after signature of the contract– as part of the inception report Proposal for verification of cases

Two months after signature of the contract: Long list of proposals for the cases to be described in detail. Proposal for their verification.

Six months after signature of the contract: Interim draft in-depth descriptions of the cases

Nine months after signing the contract – Draft final report: Draft introduction including methodology Draft in-depth descriptions of the 24 cases Draft comparison matrix/summary tables to compare the examples and draft analysis

Twelve months after signature of the contract – Final report: Final in-depth descriptions of the cases, introduction, methodology, analysis including

conclusions and tables, any annexes. Draft analysis of the cases

Fifteen months after signature of the contract: Report containing the final in-depth descriptions of the cases, introduction, methodology,

analysis including conclusions and tables, any annexes

Task 2 qualitative research – experiences from workplaces involved in older workers initiatives

One month after signature of the contract – as part of the inception report Plan for obtaining experiences and views from workplaces Discussion group/field research plan, including schedule, core questions, proposed participants


Nine months after signature of the contract Detailed results of the discussions etc. with the various parties from workplaces in the form of

individual national reportsTwelve months after signature of the contract – Draft report

Draft report containing an introduction, description of the methodology, results of the discussions etc. with the various parties from workplaces; combined results across all countries; analysis and conclusions


discussions etc.; combined results across all countries; analysis and conclusions; any annexes

Task 3 qualitative research – needs and views of small and micro-enterprises

One month after signature of the contract – as part of the inception report Plan for obtaining experiences and views from workplaces Discussion group/field research plan, including schedule, core questions, proposed participants


Nine months after signature of the contract


The contractor will provide 24 detailed case studies of actions covering a range of specified topics.

The contractor will carry out qualitative research to investigate the views of those who have been involved in actions, including employers and

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Detailed results of the discussions etc. with the various parties from workplaces in the form of individual national reports

Twelve months after signature of the contract – Draft report Draft report containing the an introduction, description of the methodology, results of the

discussions etc. with the various parties from workplaces; combined results across all countries; analysis and conclusions


discussions etc.; combined results across all countries; analysis and conclusions; any annexes

Task 4 Analysis

Twelve months after signature of the contract: Outline for the preparation of the analysis report, to include combined findings from tasks 1, 2

and 3, discussion, conclusions, policy options and an overview of results from the individual tasks 1, 2 and 3



Draft final report containing an introduction including the methodology, combined findings from tasks 1, 2 and 3, analysis, discussion, conclusions, policy options, summary and an overview of results from the individual tasks 1, 2 and 3

Draft Power point presentation of the findings for an OSH expert audience Draft Power point presentation of the findings for a non-OSH expert policy making audienceNote: – delivery and acceptance by EU-OSHA of the draft final analysis report is a condition for the commencement of phase 2.

Twenty one months after signature of the contract - Final report Final report containing an introduction including the methodology, combined findings from tasks

1, 2 and 3, analysis, discussion, conclusions, policy options, summary and an overview of results from the individual tasks 1, 2 and 3. The report will be approximately 50,000 words, plus references and annexes, together with a 200 word abstract and an executive summary of 3,000 to 4,000 words maximum


The draft final analysis report will be for internal use; their circulation will be restricted to members of EU-OSHA staff, and members of its network, such as the Prevention and Research Advisory Group and the Expert Group on Workplace Health Promotion. Comments from network members or from EU-OSHA staff will be provided to the contractor within 30 days of submission of the report and should be accommodated before submission of the final report.

Schedule overviewWork should commence at the end of March 2013, following signature of the contract. This date assumes no substantial delays during the procurement process. All deliverables should be finalised and submitted by twenty one months later.Note: – delivery and acceptance by EU-OSHA of the draft final report of the analysis, following task 4, is a condition for the commencement of phase 2.


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2.8 Work-package 5 – Support to meeting in the European Parliament

ObjectiveThe specific objective of this work-package is to provide support to an open meeting in the European Parliament which will be carried out in relation to the EU-OSHA project. The objective of the meeting is to provide visibility to the project, provide some preliminary results and allow the European Parliament to monitor the project’s progress. Invitees will include Members of the European Parliament and their assistants and the European Commission. Other possible participants include representatives of other organisations at the European-level such as social partners, Eurofound and the ENWHP.

Description of the services to be providedWithin the first year of the contract a three-hour event will be held in the European Parliament in Brussels. The contractor will provide various items of support in relation to the event to present the interim results of the project. This includes support before during and after the event. The contractor will provide proposals for the agenda and for speakers and EU-OSHA may propose alternative speakers or agenda items.

The contractor will: Propose an agenda Identify speakers Prepare a PPT giving an overview of the progress with the project to date Participate in the meeting and document the meeting Produce a brief report of the meeting, summarising the presentations and discussions. This report

will be published on the EU-OSHA website events section

Deliverables and scheduleThe meeting will take place within the first year of the project starting. Provisional planning is for September 2013, 6 months after the start of the contract. The precise schedules will be agreed with EU-OSHA once the planning of the event is more advanced. Below is a rough guide which EU-OSHA may need to adjust.

4 months before the meeting – the contractor will provide proposals for the agenda, speakers, invitees

4 weeks before the meeting – the contractor will provide a draft PPT The contractor will participate in the meeting 3 weeks after meeting - the contractor will provide a draft report of the meeting 6 weeks after the meeting - the contractor will provide a final report of the meeting of approximately

3,000 words which includes summaries of speakers’ presentations, discussions and the conclusions of the meeting


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2.9 Phase 2 Maximum available budget: €170,000. Indicative deadline for completion of work: 30 months after signature of the contract, e.g. end of

September 2015 assuming the contract is signed at the end of March 2013. Comprises work-package 6 Execution of this phase is conditional on:

o Approval by EU-OSHA of the deliverables from work-packages 1 and 5 and approval by EU-OSHA of the draft final analysis reports from work-packages 2 to 4.

o Availability of budget

Phase 2 aims at the production of a policy-focused report compiling and analysing the results from work-packages 1 to 4 and which provides conclusions and policy options based on these results. It also includes support to a final conference to present the results of the work.

2.10 Work-package 6 – Final analysis and support to final seminar

ObjectiveThe specific objectives of this work-package are: to provide a consolidated report of the findings of all parts of the EU-OSHA project and to provide

proposals for policy options, linking the findings of previous work-packages to the areas listed in the European Parliament’s decision, the report on which the decision was based14 and its report on the occupational safety and health risks for the most vulnerable workers15.

to provide support to the final seminar where the findings of the project will be presented and discussed.

The primary target group comprises representatives of EU decision-makers, member states governments, OSH authorities, work insurance organisations etc., trade unions’ and employer’s representatives who, in view of the results, may take decisions on OSH and older workers. The outcome should help them: to have a better understanding of what is taking place, and what could be done, the merits, drivers

and obstacles; to better assess what decisions they need to consider in order to promote the OSH of older workers

in the future.


Task 1 – Final report including analysis and policy optionsThe results of work-packages 1 to 4 will provide a variety of information concerning OSH policy, strategy, actions, experiences and perceived needs in relation to OSH and an ageing workforce. Using the outputs from work-packages 1 to 4 the contractor will provide a coherent report summarising and analysing the findings of the work-packages, including drivers, barriers, success factors and needs. The report will include proposals for policy and strategy options for different levels and actors, including national OSH authorities, OSH intermediaries, social partners, workplaces, EU-level policy makers.

The analysis will cover or take account of the following: Both support for and needs of workplaces and information and support for older workers The needs of small and micro-enterprises and conclusions and proposal regarding those needs14 See 04 04 16 Pilot project — Health and safety at work of older workers, OJ 29.02.2012, Chapter 0404—Employment, Social Solidarity and Gender Equality, II/230 - II/231). http://bookshop.europa.eu/en/official-journal-of-the-european-union-l-56-29.02.2012-pbFXAL12056/And http://www.europarl.europa.eu/document/activities/cont/201107/20110718ATT24294/20110718ATT24294EN.pdf15 http://www.europarl.europa.eu/document/activities/cont/201108/20110829ATT25418/20110829ATT25418EN.pdf


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For the practices taking place: a comparison of the approaches, explaining relevant aspects of national contexts; discussion of challenges and success factors for implementing the actions and; discussion of the differences found in the needs and activities of different sizes of businesses

Cooperation across policy areas (OSH, general employment, health, training etc.), integration of age aspects into OSH, integration of OSH into other policy areas dealing with older workers

Gender-related issues Discussion and provision of proposals in the areas listed in the European Parliament’s pilot project16

The relationship between prevention measures for younger workers and the workability of older workers

An assessment of the prerequisites of an OSH system to promote safer and healthier work at any age and promote health throughout working life

In relation to making proposals for the EU-level, a comparison of what is in place at the EU-level (especially using the detailed description from work-package 2) with what is taking place in practice in the member states and at the international-level and the views concerning perceived drivers, obstacles and needs

Visual model(s) or graphic(s) should be used where appropriate to illustrate how OSH/OSH system relates to different older worker policy areas and the interconnections between them and their effect on worker safety, health and wellbeing (examples of similar models17)

As stated above, in making the analyses and drawing of conclusions, the following, covered by the European Parliament’s decision, should be borne in mind as appropriate: different sizes of organisations and different sectors; the application in respect of older workers of existing legal requirements for the prevention of harm to workers; access to technical advice and occupational health services (employers and workers); preventative actions, training; mainstreaming of OSH and older workers/diversity issues into labour inspector activities, other prevention activities and general older worker employment actions; gender issues. The project takes a holistic approach to safer and healthier work at any age and so the analysis will cover both OSH systems and programmes to promote health throughout working life – including access to assistance for SMEs, provision of and access to occupational health services and rehabilitation services - and specific strategy and actions on older workers/diversity.

Where appropriate, work must take account of the section on older workers in the European Parliament’s study New forms of physical and psychosocial health risks at work18 and the policy areas covered in the report. Similarly, the work must take account of the European Parliament’s report Occupational safety and health risks for the most vulnerable workers19. The work will take account of other relevant findings and recommendations at the European-level and international-level, such as the reports of Eurofound and the ENWHP, other recent EU-level developments such as the guide produced by the European sector social dialogue committee for gas and electricity20 and relevant international recommendations such as those of the World Health Organisation.

The draft report will be discussed with the EU-OSHA network and experts and the contractor will revise the report based on these discussions. This may include a meeting of EU-OSHA network groups and experts, in accordance with section 2.14 Project management.

The resultant report will include an executive summary, a description of the methodology, discussion of findings, commentary from the consultation process, policy proposals, conclusions, annexes and bibliographic references.

16 See 04 04 16 Pilot project — Health and safety at work of older workers, OJ 29.02.2012, Chapter 0404—Employment, Social Solidarity and Gender Equality, II/230 - II/231). http://bookshop.europa.eu/en/official-journal-of-the-european-union-l-56-29.02.2012-pbFXAL12056/17 http://osha.europa.eu/en/publications/factsheets/42 ; http://osha.europa.eu/en/publications/factsheets/52 ; http://osha.europa.eu/en/publications/factsheets/83 18 http://www.europarl.europa.eu/document/activities/cont/201107/20110718ATT24294/20110718ATT24294EN.pdf19 http://www.europarl.europa.eu/document/activities/cont/201108/20110829ATT25418/20110829ATT25418EN.pdf

20 http://www.epsu.org/a/6092


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http://www.epsu.org/a/6092



http://osha.europa.eu/en/publications/factsheets/83






Task 2 - Support to final seminarThe contractor will provide various items of support in relation to an external event to present the final results of the project. This includes support before during and after the event. The contractor will provide proposals for the agenda and for speakers and EU-OSHA may propose alternative speakers or agenda items. The one-day seminar is scheduled to take place in the first half of 2015 to present the results of the project. The contractor will: Propose an agenda Identify speakers Propose invitees Prepare one or more PPTs giving an overview of the project findings and conclusions Attend the meeting and document the meeting Produce a full report of the meeting, including summary and conclusions Prepare the proceedings of the seminar and the PPTs and other documentation (for example,

agenda, list of attendees, abstracts, PTTs) in the format required for uploading to EU-OSHA website events section http://osha.europa.eu/en/seminars An example is: http://osha.europa.eu/en/seminars/working-together-for-youth-employment



Deliverables

Task 1 Eighteen months after signature of the contract: Outline for the preparation of the final consolidated report, to

include combined findings from work-packages 1 to 4, and the discussion, conclusions, policy options and an overview of results from work-packages 1 to 4

Twenty one months after signature of the contract – Interim draft report:

Interim draft report containing the combined findings from work-packages 1 to 4, analysis, discussion, conclusions, policy options and an overview of results from the individual work-packages 1 to 4

Twenty four months after signature of the contract - Draft final consolidated report:

Draft final report containing an introduction including the methodology, combined findings from work-packages 1 to 4, analysis, discussion, conclusions, policy options, summary and an overview of results from work-packages 1 to 4

Draft Power point presentation of the findings for an OSH expert audience Draft Power point presentation of the findings for a non-OSH expert policy making audience

Twenty seven months after signature of the contract - Final consolidated report: Final consolidated report containing an introduction including the methodology, combined

findings from work-packages 1 to 4, analysis, discussion, conclusions, policy options, executive summary and an overview of results from work-packages 1 to 4. The report will be approximately 50,000 words, plus annexes, together with a 200 word abstract and an executive summary of 3,000 to 4,000 words maximum



The contractor will provide a report containing the consolidated findings of work-packages 1 to 4 and an analysis of the findings, including policy and practice options for different levels and actors.

The contractor will provide PPTs for different audiences.

The contractor will provide support to a final conference, including assistance in its preparation and preparation of the report of the seminar.

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http://osha.europa.eu/en/seminars/working-together-for-youth-employment

http://osha.europa.eu/en/seminars


The draft final report will be for internal use; its circulation will be restricted to members of EU-OSHA staff, and members of its network, such as the Prevention and Research Advisory Group and the Expert Group on Workplace Health Promotion. The contractor may be required to present the draft report to one of EU-OSHA’s advisory groups. Comments from network members or from EU-OSHA staff will be provided to the contractor within 30 days of submission of the report and should be accommodated before submission of the final report.

Task 2 Support to final seminarThe precise schedules will be agreed with EU-OSHA once the planning of the event is more advanced, and below is a rough guide which EU-OSHA may need to adjust. Eighteen months after signature of the contract - the contractor will provide proposals for the

agenda, speakers, invitees Twenty six months after signature of the contract - the contractor will provide the draft PPTs Twenty seven months after signature of the contract - the contractor will participate in the seminar Twenty eight months after signature of the contract – the contractor will provide the draft report of

the event Twenty nine months after signature of the contract - the contractor will provide the final report of

the event Thirty months after signature of the contract - all Items prepared as required for publication on EU-

OSHA website events database

Schedule overviewWork should commence eighteen months following signature of the contract. Commencement of this work-package in phase two of the contract is dependent on receipt and acceptance of the draft final analysis reports from work-packages 2 to 4 and completion of work-packages 1 and 5. All deliverables should be finalised and submitted by thirty months following the start.

The specific objective of this work-package is to provide support to events at the EU-level being carried out in relation to the EU-OSHA project.

2.11 General requirements for deliverables

In addition to the specific requirements listed for the deliverables under the individual work-packages: Reports must be written in clear, concise English, aimed principally at an audience of policy makers,

but also bearing in mind the needs of researchers and actors at workplace level. Effective use should be made of graphics and tables, for example to present visual models showing interconnections between factors, to compare and summarise information or so that statistical information is presented clearly.

All deliverables must be submitted in electronic format compatible with the Microsoft Office suite. Images should be included in deliverables where appropriate and must be submitted as separate, high resolution files and be copyright free.

Products intended for publication shall follow the Inter-institutional Style Guide21 as well as EU-OSHA’s Formatting Requirements (available on request and provided at project kick-off), and where relevant be compatible with the European Statistics Code of Practice22.

2.12 Schedule overview

21 http://publications.europa.eu/code/en/en-000100.htm22 http://epp.eurostat.ec.europa.eu/portal/page/portal/quality/code_of_practice


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http://epp.eurostat.ec.europa.eu/portal/page/portal/quality/code_of_practice

http://publications.europa.eu/code/en/en-000100.htm


The contractor should start work upon signature of the contract, which is expected to take place at the end of March 2013. With respect to the execution of phase two, the contractor will start work:

once the deliverables from work-packages 1 and 5 have been approved and the draft final analysis reports from work-packages 2 to 4 have been approved

and on confirmation of availability of the budget for the second phase

An overview of the schedule is given below. More detailed estimates of schedules are given under the individual work-packages. The following dates are estimates which assume no substantial delays during the procurement process.

Phase 1 Month 0 (End of March 2013) – sign contract Within one month after signature of the contract (End of April 2013) – kick-off meeting and inception

report within two weeks of the kick-off meeting Within two months after signature of the contract (May 2013) Progress reports and proposals

relating to work-packages 1 to 4 Four months after signature of the contract (July 2013) Interim draft reports of country overviews

from work-packages 2 and 3; interim draft check-lists from work-package 1 Six months after signature of the contract (Sept 2013) Interim draft reports of research reviews,

detailed descriptions and cases from work-packages 1 to 4; progress reports from the qualitative research from work-packages 2 to 4; draft final checklists from work-package 1

Around Six months after signature of the contract (Autumn 2013) – Support at a meeting in the European Parliament following work-package 5. Preparatory support prior to this date and post meeting support, including a brief report

Seven months after signature of the contract (October 2013) Draft final reports of country overviews from work-packages 2 and 3

Eight months after signature of the contract (November 2013) Final checklists on older workers from work-package 1

Nine months after signature of the contract (December 2013) Draft final reports of research reviews, detailed descriptions and cases from work-packages 1 to 4; draft results from the qualitative research from work-packages 2 to 4

Ten months after signature of the contract (January 2014) - Final reports of country overviews, from work-packages 2 and 3

Twelve months after signature of the contract (March 2014) - Final reports of research reviews, detailed descriptions and cases from work-packages 1 to 4; draft reports from the qualitative research from work-packages 2 to 4

Fifteen months after signature of the contract (June 2014) - Final reports of the qualitative research from work-packages 2 to 4

Eighteen months after signature of the contract (September 2014) – Draft final analysis reports from work-packages 2 to 4

o Note: Commencement of phase two is dependent on receipt and acceptance of the draft final analysis reports from work-packages 2 to 4 and completion of the deliverables from work-packages 1 and 5.

Twenty one months after signature of the contract (December 2014) - Final analysis reports from work-packages 2 to 4

Phase 2 Eighteen to twenty seven months after the signature of the contract – Preparatory support for the

final conference - work-package 6 Eighteen to twenty seven months after signature of the contract (September 2014) – Preparation of

final, consolidated report and assessment – drafting, discussing it/testing it with experts/network, amending it, submitting draft final report and final report -work-package 6

Twenty one months after signature of the contract (March 2015) – Interim final consolidated report with assessment - work-package 6


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Twenty four months after signature of the contract (March 2015) – Draft final consolidated report with assessment - work-package 6

Twenty seven months after signature of the contract (June2015) - Final consolidated report with assessment – work-package 6

Twenty seven months after signature of the contract (June2015) - Support at final conference preparatory and organisational – work-package 6

Thirty months after signature of the contract (September 2015) - Proceedings finalised according to requirements for publication on EU-OSHA website events database – work-package 6

Payment schedule overviewFirst i nterim payment – 20% of phase 1 : Deliverables: Interim draft reports of research reviews, country overviews, detailed descriptions,

cases from work-packages 1 to 4; progress report from the qualitative research from work-packages 2 to 4; draft checklists from work-package 1.

Estimated due date: six months after signature of the contract (Sept 2013).Second interim payment – 20% of phase 1: Deliverables: Final reports of research reviews, country overviews, detailed descriptions and cases

from work-packages 1 to 4; draft reports from the qualitative research from work-packages 2 to 4; final checklists from work-package 1; the report of the meeting in the European Parliament from work-package 5.

Estimated due date: twelve months after signature of the contract (March 2014).Third interim payment – 20% of phase 1: Deliverables: Final reports from the qualitative research from work-packages 2 to 4; draft final

analysis reports from work-packages 2 to 4. Estimated due date: eighteen months after signature of the contract (September 2014).Fourth interim payment – 20% of phase 1: Deliverables: Final analysis reports from work-packages 2 to 4; interim final consolidated report with

assessment from work-package 6. Estimated due date: twenty one months after signature of the contract (March 2015).Payment of the balance – 100% of phase 2 and 20% of phase 1: Deliverables: Completion of all outstanding deliverables, including proceedings of the final

conference from work-package 6. Estimated due date: thirty months after signature of the contract (September 2015) (within twelve

weeks of the final conference).

2.13 Budget

Tenderers’ offers must not exceed the maximum price of €1,820,000 covering all tasks described in these technical specifications.

Tenderers’ offers must not exceed the maximum budget of indicated for each of the project phases: Phase 1: €1,650,000Phase 2: €170,000Execution of phase two is conditional on satisfactory progress of phase 1, as indicated by completion and approval of the deliverables from work-packages 1 and 5 and approval of the draft analysis reports from work-packages 2 to 4, and on availability of budget.The total value of the contract that may be concluded under this call is €1,820,000.

2.14 Project managementIn order to ensure efficient completion of the project and to be able to properly monitor, assess, and supervise the contractor’s progress in execution of the tasks with respect to the tender specifications, EU-OSHA will set up the following management structure:


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- EU-OSHA will designate a project manager for the contract. This person will be responsible for overall management of the contract, including resolution of high-level issues, monitoring of the coordination and project management and day-to-day administration of the contract.

- EU-OSHA will designate project managers to be responsible for the day-to-day supervision of each specific work-package. These people will be responsible for ensuring fulfilment of tasks and other contractual obligations under the individual work-packages, checking quality and approval of deliverables prior to authorising payment.

This is a large project comprising various work-packages. It is important that the project is properly managed and coordinated. Project coordination refers to the planning, monitoring and control of all aspects of a project and the motivation of all those involved in it, to achieve the project objectives on time and to the specified quality and performance. Project coordination also includes ensuring the necessary cooperation between activities under the different work-packages, for example: ensuring all aspects of the project are covered, while avoiding overlap or duplication between work-

packages; ensuring that information is passed and shared between different work-packages where appropriate

To carry out these tasks, the partners in the contract will set up a management structure and specify a project manager whose main task is to manage the project effectively. The management structure is to ensure that effective methods for planning, communicating, and decision making are in place; that the project’s progress is monitored and the work is performed on schedule; that deliverables and reports are delivered on time; and that the project objectives and outcomes are achieved. Among his or her tasks, the project manager should manage communication within the project and maintain contact with EU-OSHA concerning the project as a whole. There will also be direct contact between EU-OSHA project managers and task leaders for the individual work-packages.

Note: In their offer, tenderers must specify the allocation of project responsibilities that will allow effective management and efficient coordination of the services across all the work-packages with a management structure which corresponds with that of EU-OSHA’s for the project. This should include an organigram which details functions and the relationship between them.

Note: In their offer tenderers will provide a Gantt chart giving details of the timetables for carrying out the work-packages, submitting the deliverables etc. The tenderers will also provide a breakdown of the staff team for each of work-packages 1 to 4 and 6, in terms of seniority and number of working days. The working language for contacts with EU-OSHA will be English.

Quality controlIn addition to the specific requirements under the work-package descriptions and deliverables section above, tenderers must describe the measures they will adopt to ensure a high level of quality with respect to:Technical content – information must be comprehensive, up to date, accurate, relevant to the specified topic, and at a level suitable for the specified target audience. In this respect, deliverables should:

Support the prevention model set out in the 89/391/EEC framework directive

Take account of the need to promote and improve OSH throughout working life – with the health and safety of young workers being important for a sustainable working life

Take account of the European social model, the Lisbon strategy for growth and jobs and the Europe 2020 strategy for growth

Take account of the diversity of the working population, especially gender issues

Be original, with sources properly referenced

Language and presentation – all deliverables must be in high quality English in a style suitable for the specified target audience and have a clear, logical and easy to follow structure


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Timeliness – any problem that is likely to result in a departure from the agreed project schedule must be notified to EU-OSHA as soon as possibleContingency/back-up – provisions must be in place to ensure that any unforeseen absence of key staff does not put the project objectives at risk or result in an unreasonable delayFinancial management – invoices must be accurate and sent on time following, or coinciding with, submission of the necessary supporting documents (as specified in the service contract).Data protection – procedures must comply with legal requirements and relevant guidelines or codes of practice relating to social research.

MeetingsProject meetingsA kick-off meeting will be held with the contractor at premises of their choosing within one month following signature of the contract. In their offer tenderers should give details of any further meetings that are planned.

During the course of the project, progress meetings may be held at the request of EU-OSHA or at the request of the contractor (subject to the approval of EU-OSHA) at premises of the contractor’s choosing. Before calling a meeting, the contractor shall first explore the possibility of using tele- or video- conferencing as an alternative to face-to-face meetings.In submitting prices, the tenderer must take account of costs for meetings and any other overheads relating to routine execution of the tasks or projects (including kick-off and progress meetings). These costs cannot be charged as an additional item.

Presentation and discussion of drafts and final results to EU-OSHA network groupsThe contractor will be required to present drafts and results of work at meetings of EU-OSHA’s stakeholder advisory groups and/or its Governing Board. During the two project phases the contractor will be required to attend up to six one-day meetings of EU-OSHA’s groups at a venue specified by EU-OSHA in Brussels, Luxembourg or Bilbao. Travel and subsistence expenses associated with attendance of up to two persons at these meetings will be reimbursed by EU-OSHA in accordance with its Rules on the reimbursement of expenses incurred by people from outside the EU institutions and bodies invited to attend group meetings in an expert capacity23, as stated in Article I.3.2 of the service contract; however, the contractor’s offer should take account of the time associated with their attendance.EU-OSHA will cover the costs associated with participation in meetings of its own staff or representatives.

Support to external eventsRegarding the contractor’s support to a half-day meeting in the European Parliament in Brussels during the first phase of the project and a final one-day conference during the second phase of the project (work-packages 5 and 6): Travel and subsistence expenses associated with attendance of up to two persons at these meetings will be reimbursed by EU-OSHA in accordance with its Rules on the reimbursement of expenses incurred by people from outside the EU institutions and bodies invited to attend group meetings in an expert capacity24, as stated in Article I.3.2 of the service contract; however, the contractor’s offer should take account of the time associated with their attendance.

Events and meetings organised by the contractor to carry out the tasks in the work-packagesThe contractor will cover all costs associated with the preparation, organisation and running of field research such as interviews, surveys, workshops, focus groups, etc. as well as any costs that may be necessary to ensure the involvement of participants in those events (e.g. in form of any travel costs or expert fees payable). When choosing a venue for any events, the contractor should bear in mind the accessibility of the location in order to facilitate participants’ attendance.

23 Available at: http://osha.europa.eu/en/about/calls/Rules-reimbursement-expert-meetings.pdf 24 Available at: http://osha.europa.eu/en/about/calls/Rules-reimbursement-expert-meetings.pdf


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http://osha.europa.eu/en/about/calls/Rules-reimbursement-expert-meetings.pdf

http://osha.europa.eu/en/about/calls/Rules-reimbursement-expert-meetings.pdf


EU-OSHA reserves the right to send a delegate or representative to attend any of the interviews, surveys, workshops, etc. organised by the contractor within the scope of the project.

EU-OSHA will cover the costs associated with participation in meetings of its own staff or representatives.

AuditsIn accordance with Article II.17 of the draft service contract, an audit of the contractor’s compliance with its contractual obligations may be carried out by EU-OSHA at the end of the service contract.

Place of performanceThe tasks are to be carried out at premises designated by the contractor and agreed by EU-OSHA.

3 TENDERING PROCESSSubmission of a tender implies acceptance by the tenderer of all the terms and conditions set out in this invitation to tender and annexes, including the specifications, draft contract and general terms and conditions. It also implies waiver of the tenderer’s own general or specific terms and conditions. EU-OSHA’s terms and conditions are binding on the tenderer to whom the contract is awarded, for the duration of the contract.The tender must be presented clearly, legibly, and in a detailed and complete form, containing all the essential requirements laid down in the documents relating to the procurement procedure so that it can be properly assessed.

3.1 Participation in the tendering procedureParticipation in tendering procedures is open on equal terms to all natural and legal persons falling within the scope of the Treaties (this includes all economic operators registered in the EU and all EU citizens). Participation is also open to all natural and legal persons in any non-EU country which has an agreement with the European Union in the field of public procurement on the conditions laid down in that agreement. EU-OSHA’s Financial Regulation25, guarantees participation for all tenderers on equal terms.This invitation to tender is in no way binding on EU-OSHA. EU-OSHA’s contractual obligation commences only upon signature of the contract with the successful tenderer. Up to the point of signature, the contracting department may either withdraw from the contract or cancel the procurement procedure, without the candidates or tenderers being entitled to claim any compensation. This decision must be substantiated and the tenderers notified.

ConfidentialityAll documents submitted by the tenderer become property of EU-OSHA and are deemed confidential. Follow-up of responses to the invitation to tender will require recording and processing of personal data (e.g. name, address, CV). In this respect, EU-OSHA observes Regulation (CE) 45/2001 on the protection of individuals with regard to the processing of personal data by Community institutions and on free movement of data. Unless mentioned otherwise, personal data and responses given to questions are necessary for the purpose of assessing tenders and will only be processed by the contracting department for this purpose. Any queries concerning the processing of personal data should be addressed to EU-OSHA’s data protection officer. Appeals may be addressed to the European Data Protection Supervisor26.

25 Available at http://osha.europa.eu/en/about/calls/EU-OSHA_Financial-Regulation.pdf 26 http://edps.europa.eu


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http://edps.europa.eu/

http://osha.europa.eu/en/about/calls/EU-OSHA_Financial-Regulation.pdf


ConsortiaJoint tenders from consortia of service providers are permitted provided that conditions for adequate competition are observed. A consortium can be a permanent legally established grouping or a grouping which has been constituted for this tender procedure.Using the form provided in Annex I, consortia must indicate which legal form they intend to assume and specify the role, qualifications and experience of each member of the group, as well as who has been appointed by the others as the lead partner. The lead partner shall be the contracting party with EU-OSHA and shall be responsible for the overall performance of the contract and management of the other members of the consortium. Notwithstanding the above, all members of the consortium (i.e., the leader and all partners), are jointly and severally liable to EU-OSHA.

SubcontractingSubcontracting is permitted subject to approval by EU-OSHA, either by accepting the tenderer’s offer, or by EU-OSHA’s prior written approval, if proposed by the tenderer after contract signature.The tenderer must indicate clearly in their methodology which parts of the work will be sub-contracted and the identity of all subcontractors. Full details of such subcontractors must also be provided in the form provided in Annex I.

3.2 CommunicationAny contact between the contracting department and the tenderer during the procedure is forbidden, save in exceptional circumstances and under the following conditions only: Before the closing date for submission of the tender, in respect of the documents relating to the call

for tender, EU-OSHA may:

- At the request of the tenderer: provide additional information solely for the purpose of clarifying the nature of the contract.

- On its own initiative: if it discovers any error, inaccuracy, omission or any other clerical error in the text of the call for tenders, inform interested parties.

After the tenders have been opened, if some clarification is required in connection with a tender, or if obvious clerical errors in the tender must be corrected, EU-OSHA may contact the tenderer, provided the terms of the tender are not modified as a result.

Requests for further information, made in accordance with the conditions described above, must be sent in writing by letter, fax or e-mail bearing the reference “Call for tender EUOSHA-PRU/2012/P-02” to:

Prevention and Research UnitEuropean Agency for Safety and Health at WorkGran Vía 33E-48009 BILBAO – SPAINFax: +34 944 794 383E-mail: [email protected]

Requests for additional information received less than six calendar days before the closing date for submission of tenders will not be processed. Any additional information, including that referred to above, will be made publicly available as part of a list of questions and answers that will be compiled and regularly updated on EU-OSHA’s website at: http://osha.europa.eu/about/callsThe tenderer shall be informed of the decision taken with regard to the award of the tender.

3.3 PriceFinancial proposals must not exceed the maximum budget indicated in these specifications. The price quoted must be fixed and not subject to revision. The price tendered must be all-inclusive and expressed


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in euros27. Costs incurred in preparing and submitting tenders, or associated with attendance at tender opening sessions, are borne by the tenderers and cannot be reimbursed.Costs incurred for any trips additional to those described in these specifications and made at the express request of EU-OSHA will be reimbursed in accordance with the arrangements laid down in Article I.3.2 of the draft contract (Annex II). Such expenses should not be included in the bid.Tenders shall not include the application of any taxes or levies since EU-OSHA is, in general, exempt from all taxes and levies, including Value Added Tax (VAT), in accordance with Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Union.Bids will remain valid for six months from the deadline for receipt of tenders (see Section 3.7 below).

3.4 Payment terms Four interim payments, each equal to 20% of the value of Phase 1 of the contract shall be made. The final payment shall equal 20% of the value of phase 1 of the contract and 100% of the value of phase 2 of the contract payments shall be made in accordance with Article I.4 of the draft service contract, Annex II.The contractor will specify the number of the bank account into which payment will be made, in accordance with the terms of payment set out in the draft contract.Invoices must show VAT separately.

3.5 Contractual framework The contract concluded between EU-OSHA and the successful tenderer will be valid for a period of thirty months and will include all services described in Section 2.A draft contract is attached to these technical specifications (Annex II). In drawing up their bid, tenderers should bear in mind its provisions.The bid will form an integral part of the contract, as will these tender specifications.

3.6 Documentation for tenderersThe necessary documents are available for download at http://osha.europa.eu/about/calls or in paper form on request by writing to the address given in Section 3.2. Written requests for tender documentation should reach EU-OSHA before 14th February 2013.In case of doubt over interpretation of tender documents, the original English language version prevails.

3.7 Submission of tenders

Tenders may be submitted by post or by courier not later than 21st February 2013, in which case the evidence of the date of dispatch shall be constituted by the postmark or the date of the deposit slip. If a slow delivery method is chosen, such as normal or registered post, or 5+ days’ courier delivery, tenderers are requested to inform EU-OSHA by e-mail or fax that the offer has been dispatched.Alternatively, tenders may be delivered by hand to EU-OSHA premises not later than 17.00 hours on 21st February 2013 OSHA’s reception service. Opening times are from 09.00 to 17.00 Monday to Friday. EU-OSHA is closed on Saturdays, Sundays and EU-OSHA holidays (6th December, 24th December 2012 – 2nd January 2013).Tenders must be presented in a sealed envelope28 marked “Open call for tender EUOSHA-PRU/2012/P-02 – not to be opened by the internal mail department”. The envelope must contain:

Two signed copies of the financial offer in a sealed envelope marked “Financial”.

Two signed copies of the technical offer in a sealed envelope marked “Technical”.

One copy of the administrative information and annexes.

Bids must be drawn up in one of the official languages of the EU29, but English is preferred.

27 Tenderers in countries which are not in the euro zone may not revise the price quoted in line with exchange rate movements28 Where self-adhesive envelopes are used, they must be sealed with adhesive tape and the sender must sign across that tape.29 If other languages are used in the supporting documents provided in connection with the exclusion or selection criteria, these documents must be accompanied by a courtesy translation into one of the official languages of the European Union. Such translations should be attached to the original, numbered and included in a list stating the nature of each document.


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3.8 Structure of tendersTenders must be presented with four clearly distinguished sections: Section I: Administrative information

Section II: Technical offer

Section III: Financial offer

Section IV: Annexes

All the documents submitted in the bid must be numbered and included on a list to be submitted as part of the tender.

Section I: Administrative informationIn this section of the tender, tenderers must specify the following:1) Person/s authorised to act on behalf of the entity (individually or collectively) and who may sign

documents validly on its behalf [first name, family name and position]

2) Contact person for this tender [first name, family name, position, telephone and fax numbers, e-mail and address].

In addition, the tender must be accompanied by the following documents: A copy of the incorporation of the company and the articles of association, including any

amendments made to these documents pursuant to the legislation of the Member State in which the tenderer is established.

Copy of the powers delegated to the person or persons authorised to act on behalf of the entity and who can therefore sign documents on behalf of it.

A completed consortium form (Annex I), where appropriate.

A completed subcontractors form (Annex I), where appropriate.

Completed financial identification and appropriate legal entities form, both of which are included in Annex I and are also available in all official EU languages at:

http://ec.europa.eu/budget/contracts_grants/info_contracts/legal_entities/legal_entities_en.cfm http://ec.europa.eu/budget/contracts_grants/info_contracts/financial_id/financial_id_en.cfm

Supporting documentation must be complete to ensure that the technical and financial proposals are evaluated. These comprise eligibility documents, which demonstrate that the tenderer is eligible to tender for this contract (Section 4.2) and selection criteria documents (Section 4.3), which provide evidence of their capacity to perform the contract.

Section II: Technical offerTenderers should note that this section is one of the key elements in the assessment of the tender and in the final award of the contract. The technical proposal must be consistent with the specifications and contain all information requested in Sections 2 and 3, including any specific documentation required. In preparing the technical proposal, tenderers should bear in mind the award criteria against which it will be evaluated (Section 4.4).Tenderers should submit a Gantt chart planning schedule indicating: the principal milestones, proposed dates for meetings, dates for delivery of interim and draft reports and observing the final date for completion of tasks given in these specifications. The tenderers will also provide a breakdown of the staff team for each of work-packages 1 to 4 and 6, in terms of seniority and number of working days.

Section III: Financial offerThe financial proposal must meet the requirements regarding price, set out in Sections 3.3 and 3.4 above, and must be signed (Section 4.4).


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http://ec.europa.eu/budget/contracts_grants/info_contracts/financial_id/financial_id_en.cfm

http://ec.europa.eu/budget/contracts_grants/info_contracts/legal_entities/legal_entities_en.cfm


Section IV: AnnexesThis section must include all the documents expressly requested or deemed relevant in line with the conditions laid down in this document, respecting where possible, the order specified above as regards the three sections (administrative, technical and financial documents).

4 ASSESSMENT OF THE TENDER

4.1 ProcedureThe procedure for assessing the tenderer and evaluating their offer consists of four distinct phases:

1. Exclusion of the tenderer

2. Selection of the tenderer

a. Economic and financial standing

b. Technical and professional capacity

3. Evaluation of the offer – award criteria

a. Technical evaluation

b. Financial evaluation

4. Awarding of the contract

Evaluation shall be based on the information and documents supplied by the tenderer in the offer submitted in response to the invitation to tender, in accordance with the criteria laid down in these terms and conditions.Only if the tender meets the requirements of one phase of the tender procedure shall it be admitted to the next phase.If a consortium presents the bid, all the operators must provide the documents related to the assessment and selection of the tenderer (exclusion criteria declaration, evidence in support of economic and financial standing and of technical and professional capacity), as well as a completed consortium form (Annex I).Tenderers, or their representatives, may attend the opening of the tenders at the premises of EU-OSHA on 4th March 2013, at 10:00. In this procedure, the Opening Board will only judge whether the tenders are in order, based on whether they are submitted before the deadline and are contained in a sealed envelope. Under no circumstances does the Opening Board consider the quality of the tenders.

4.2 Exclusion criteriaThe sole purpose of these criteria is to determine whether an operator is authorised to participate in the tendering procedure and to be awarded the contract.Using the form provided in Annex I, tenderers shall provide a declaration on their honour, duly signed and dated, stating that they are not in any of the situations below:

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 have been convicted of an offence concerning professional conduct by a judgment that has the force of res judicata.

c) They have been guilty of grave professional misconduct proven by any means that the contracting authority can justify.


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d) They have not fulfilled 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, the country of the contracting authority or the country in which the contract is to be performed.

e) They have been the subject of a judgment that has the force of res judicata for fraud, corruption, involvement in a criminal organisation, or any other illegal activity detrimental to the European Union’s financial interests.

f) Following another procurement procedure or grant award procedure financed by the European Union budget, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations.

Contracts may not be awarded to tenderers who, during the procurement procedure:i) Are subject to a conflict of interest.

ii) Are guilty of misrepresentation in supplying the information required by the awarding authority or have failed to provide all the information requested.

Where subcontracting is envisaged, the tenderer shall certify that also the subcontractor is not in one of the situations referred to above.Before being awarded the contract, the tenderer will be required to provide proof in support of the above declaration.

4.3 Selection criteriaThe sole purpose of these criteria is to determine whether an operator has the necessary financial, economic, technical and professional capacity to carry out the work.

Economic and financial standing:The tenderer must provide proof of their financial and economic standing by means of one or more of the following documents: a) Appropriate statements from banks or evidence of professional risk indemnity insurance.

b) Balance sheets or extracts from balance sheets for the last two years for which accounts have been closed, where publication of the balance sheet is required under the company law of the country in which the tenderer is established.

c) A statement of overall turnover and turnover concerning the services covered by the contract during a period which may be no more than the last three financial years.

If EU-OSHA considers that there are reasons to justify the failure by the tenderer to produce the documents requested, their economic and financial standing may be proven by any other document that EU-OSHA deems suitable.

Technical and professional capacity:The tenderer must prove that it has the technical and professional capacity to carry out the tasks described in these specifications. This shall be evaluated with regard in particular to know-how, efficiency, experience and reliability, and may be proven by means of the following documents:a) A description of the main services previously provided in areas relating to those covered by this

contract. Tenderers should provide details of budgets, geographical coverage, dates and recipients of the services, both public and private, enclosing where possible the documents issued by the recipients concerning the effectiveness and reliability of the services.

b) A description of the infrastructure and resources available to perform the services, including an organisational chart and CVs of the persons responsible for carrying out the specific tasks described in Section 2. Of particular relevance are:

i. Experience of issues related to OSH and older workers and OSH and rehabilitation/return-to-work.


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ii. Experience of policy-relevant analysis on issues related to health and safety at work. This is especially important for the author of the final analysis report, who should have expertise in drafting relevant policy proposals in the field of OSH.

iii. Experience in carrying out the necessary qualitative research - interviews, running group work etc. as evidenced by the CVs of the persons responsible for carrying out the interviews

c) A description of the measures used to guarantee the quality of the services (see Section 2.14).

d) Where appropriate, an indication of the part of the contract that the service provider intends to subcontract. EU-OSHA may ask for additional information regarding the part of the contract that the tenderer intends to subcontract.

4.4 Award criteriaThe sole purpose of these criteria is to choose between the tenders which have been submitted by tenderers not subject to exclusion and which meet the selection criteria.A quality mark will be given to the tender, based on a technical evaluation of the offer as described below. In particular, the tenderer’s attention is drawn to the description of all the requirements for each of the services/tasks to be covered.The financial evaluation will be based on the prices submitted by the tenderer in the financial proposal.

Technical evaluation of offers Technical evaluation shall take into account the following criteria, weighted as in the following table:


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CRITERION POINTS

WORK-PACKAGE 1 - QUALITY AND RELEVANCE OF THE PROPOSAL (Max. 60) Understanding of the scope and objectives of the work and tasks to be carried out Quality and relevance of the methodologies proposed for each task including:

o Quality of the proposals for carrying out the desk-based researcho Quality of the proposal for analysis and reporting

Composition of the team allocated to the tasks


o Quality of the proposals for carrying out the descriptions and verification of descriptionso Quality of the proposed approaches regarding the qualitative research in the fieldo Quality of the proposal for analysis and reporting

Calibre of the team allocated to the tasks


o Quality of the proposals for carrying out the desk-based researcho Quality of the proposals for carrying out the descriptions and verification of descriptions;

quality of the proposals for finding and describing the exampleso Quality of the proposed approaches regarding the qualitative research in the fieldo Quality of the proposal for analysis and reporting



o Quality of the proposals for finding and describing the case studieso Quality of the proposed approaches regarding the qualitative research in the fieldo Quality of the proposal for analysis and reporting


WORK-PACKAGES 5 AND 6 - QUALITY AND RELEVANCE OF THE PROPOSAL (Max. 80) Understanding of the scope and objectives of the work and tasks to be carried out Quality and relevance of the methodologies proposed for each task including:

o Quality of the proposal for analysis and reporting Calibre of the team allocated to the tasks

EFFICIENCY AND QUALITY OF THE PROJECT MANAGEMENT (Max. 150) Quality of the work-plan, project and quality management proposed Qualifications and experience of staff allocated to project management

OVERALL CRITERIA (Max. 50) Coherence and general presentation of the offer

TOTAL 700

The offer must obtain at least 50% of the maximum points available for each of the three criteria listed, and a minimum of 60% of the total number of potential points.


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Financial evaluation:Tenders satisfying the conditions of the technical evaluation will be evaluated unless the price proposed exceeds the maximum budget indicated, in which case the bid will be rejected.300 points will be awarded to the lowest priced tender; other tenders will receive points calculated according to the following equation:

Points = (lowest price ÷ price of tender in question) x 300Financial proposal must be signed by the tenderer or their duly authorised representative.

4.5 Awarding of the contractSubject to:1. The achievement of a minimum and acceptable number of points in the technical evaluation (TE)2. A financial evaluation (FE) according to the criterion mentioned aboveThe contract will be awarded to the tenderer offering the best value for money, where a 70% weighting is given to the quality of the offer and 30% to the price, so that:

Final score (max 1000) = TE points (max 700) + FE points (max 300)


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ANNEX I – FORMS

Consortium form

Subcontractors form

Legal entities form

Financial identification form

Exclusion criteria declaration

Tender submission checklist


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CONSORTIUM FORM(One form to be used for each partner)

Name of tenderer:

Form of the Consortium: (Please ‘X’ the relevant box)Permanent: Legally established: Grouping for this tender:

Name Address

Leader of the Consortium (person authorised to conclude contract)

Partner

DeclarationWe confirm, as a partner in the consortium, that all partners are jointly and severally liable by law for the performance of the contract; that the leader is authorised to bind and receive instructions for and on behalf of each partner; that the performance of the contract, including payments, is the responsibility of the leader; and that all partners are bound to remain in the consortium for the entire duration of the contract.

Signature:Leader

Signature:Partner

Please attach a completed exclusion criteria declaration


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SUBCONTRACTORS FORM (One form to be used for each subcontractor)

Name(s) Address

Tenderer(person authorised to conclude the contract)

Subcontractor

DeclarationAs subcontractors for this tender, we confirm that we are willing to perform the tasks assigned above and as specified in the tender.

Signature:Tenderer

Signature:Subcontractor

Please attach a completed exclusion criteria declaration


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EXCLUSION CRITERIA: Declaration of honourThe undersigned [name of the signatory of this form]:

in his/her own name [if the economic operator is a natural person or in case of own declaration of a director or person with powers of representation, decision making or control over the economic operator]

Or representing [if the economic operator is a legal person]

Official name in full [only for legal person]:

Official legal form [only for legal person]:

Official address in full:

VAT registration number:

Declares that he/she and the organisation that he/she represents is NOT in any of the following situations:

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 have been convicted of an offence concerning professional conduct by a judgment that has the force of res judicata.

c) They have been guilty of grave professional misconduct proven by any means that the contracting authority can justify.

d) They have not fulfilled all obligations relating to the payment of social security contributions and the payment of taxes in accordance with the legal provisions of the country in which they are established, the country of the contracting authority or the country in which the contract is to be performed.

e) They have been the subject of a judgment that has the force of res judicata for fraud, corruption, involvement in a criminal organisation, or any other illegal activity detrimental to the Union’s financial interests.

f) They are the subject of an administrative penalty for being guilty of misrepresentation in supplying information required by the contracting authority as a condition of participation in the 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.

In addition, the undersigned declares on their honour that:

g) they have no 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;

h) they will inform the contracting authority, without delay, of any situation considered a conflict of interest or which could give rise to a conflict of interest;

i) they have not made and will not make any offer of any type whatsoever from which an advantage can be derived under the contract;

j) they have not granted and will not grant, have not sought and will not seek, have not attempted and will not attempt to obtain, and have not accepted and will not accept any advantage, financial or in kind, to or from any party whatsoever, constituting an illegal practice or involving corruption, either directly or indirectly, as an incentive or reward relating to award of the contract;

k) the information provided to the Agency within the context of this invitation to tender is accurate, sincere and complete;

l) in case of award of contract, they shall provide upon request the evidence that they are not in any of the situations described in points a, b, d, e above.

For (a), (b), and (e), the production of a recent extract from the judicial record or, failing that, a recent equivalent document issued by a judicial or administrative authority in the country of origin or provenance showing that these requirements are satisfied. Where the Tenderer is a legal person and the national legislation of the country in which the Tenderer is established does not allow the provision of such documents for legal persons, the documents should be provided for natural persons, such as the company directors or any person with powers of representation, decision making or control in relation to the Tenderer.

For (d), recent certificates or letters issued by the competent authorities of the State concerned are required. These documents must provide evidence covering all taxes and social security contributions for which the Tenderer is liable, including for example, VAT, income tax (natural persons only), company tax (legal persons only) and social security contributions.

For any of the situations (a), (b), (d) or (e), where any document described in the two paragraphs above is not issued in the country concerned, it may be replaced by a sworn or, failing that, a solemn statement made by the interested party before a judicial or administrative authority, a notary, or a qualified professional body in his country of origin or provenance.

By signing this form, the undersigned acknowledges that they have been acquainted with the administrative and financial penalties described under art 133 and 134 b of the Implementing Rules (Commission Regulation 2342/2002 of 23/12/02), which may be applied if any of the declarations or information provided prove to be false.

Name Date Signature


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Tender submission checklist

Two copies of each of the following documents must be placed inside an ‘inner envelope’ marked “Open call for tender EUOSHA-PRU/2012/P-02– not to be opened by the internal mail department”

Details of person/s authorised to act on behalf of the entity

Details of the contact person for this tender

Copy of the incorporation of the company and the articles of association

Copy of the powers delegated to the person or persons authorised to act on behalf of the entity

Consortium form(s) (if applicable)

Subcontractors’ form(s) (if applicable)

Financial identification form*

Legal entity form*

Technical offer (placed inside its own envelope)

Financial proposal (signed by authorised representative and placed inside its own envelope)

Declaration of honour regarding exclusion criteria*

Evidence of financial standing*

Evidence of technical and professional capacity*

The above-mentioned documents must be placed in an ‘outer envelope’ and delivered to EU-OSHA according to the deadline set in section 3.7.

* Items marked with an asterisk must be provided by all members of a grouping when presenting an offer as a consortium and by subcontractors when they are responsible for performing a substantial part of the contract.


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Contract number: [complete] Contract model of October 2012

ANNEX II - DRAFT SERVICE CONTRACT

SERVICE CONTRACT

CONTRACT NUMBER – EUOSHA-PRU/2013/C-XX

THE EUROPEAN AGENCY FOR SAFETY AND HEALTH AT WORK (hereinafter referred to as "the contracting authority"), which is represented for the purposes of the signature of this contract by Christa Sedlatschek, Director of EU-OSHA.

on the one part, and

[full official name][official legal form][statutory registration number][full official address][VAT registration number]

hereinafter referred to as ‘the contractor’, represented for the purposes of the signature of this contract by [forename, surname and function,]

on the other part,

57


HAVE AGREED

to the special conditions, the general conditions for service contracts and the following annexes:

Annex I – Tender specifications (reference No EUOSHA-PRU/2012/P-02 of 21/11/2012)

Annex II – Contractor's tender (reference No [complete] of [insert date])

[Other annexes]

which form an integral part of this contract (hereinafter referred to as “the contract”).

- The terms set out in the special conditions shall take precedence over those in the other parts of the contract.

- The terms set out in the general conditions shall take precedence over those in the annexes.

- The terms set out in the tender specifications (Annex I) shall take precedence over those in the tender (Annex II).

58


I – SPECIAL CONDITIONS

ARTICLE I.1 – SUBJECT MATTER

I.1.1 The subject matter of the contract is the provision of services in respect of occupational safety and health (OSH) in the context of an aging workforce, consisting in carrying out state-of-the-art reviews; investigating OSH policy, strategy and programmes and practice in Europe in relation to older workers; investigating OSH and rehabilitation programmes in Europe; investigating workplace experiences and needs; providing an analysis and policy options.

I.1.2 The contractor shall execute the tasks assigned to it in accordance with the tender specifications annexed to the contract (Annex I).

ARTICLE I.2 – ENTRY INTO FORCE AND DURATION

I.2.1 The contract shall enter into force on the date on which it is signed by the last party.

I.2.2 Under no circumstances may performance commence before the date on which the contract enters into force.

I.2.3 The duration of the execution of the tasks shall not exceed thirty months. Unless otherwise specified, all periods specified in the contract are calculated in calendar days. Execution of the tasks shall start from the date of entry into force of the contract.

The period of execution of the tasks may be extended only with the express written agreement of the parties before the expiration of such period.

The execution of the tasks is divided in two phases of 18 months and 12 months respectively. The contractor is authorised to continue the execution of the tasks in the second phase only with written consent of the contracting authority following an analysis of a progress report at the end of Phase 1 and receipt of the corresponding deliverables, as specified in Annex I and on the condition that the necessary funding is available from the Union's budget. The contracting authority shall inform the contractor about its consent in advance, by a written notification.

ARTICLE I.3 –PRICE

I.3.1 The maximum total amount to be paid by the contracting authority under the contract shall be EUR [amount in figures and in words] covering all tasks executed and subject to budget availability for phase two of the work. The total amounts payable under each phase of the work shall be [amount in figures and in words] for Phase 1 and [amount in figures and in words] for Phase 2.

I.3.2 By way of exception to Article II.16 and in addition to the amount specified in Article I.3.1, the Agency shall reimburse travel and subsistence expenses directly connected with attendance at meetings of the Agency’s advisory groups in accordance with the Agency’s Rules on the reimbursement of expenses incurred by people from outside the EU institutions and bodies invited to attend group meetings in an expert capacity, approved by the Governing Board on 18 th

November 2009 (NET(09)D/2895).

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ARTICLE I.4 – PAYMENT ARRANGEMENTS

I.4.1 First interim payment

The contractor shall submit an invoice for an interim payment of EUR [amount in figures and in words] equal to 20% of the total amount corresponding to Phase 1 referred to in Article I.3.1.

Invoices for interim payment shall be accompanied by the following deliverables:

Interim reports of research review, country overviews, detailed descriptions, cases from work-packages 1 to 4 and progress reports from the qualitative research from work packages 2-4, draft checklists from work-package 1.

I.4.2 Second interim paymentThe contractor shall submit an invoice for an interim payment of EUR [amount in figures and in words] equal to 20% of the total amount corresponding to Phase 1 referred to in Article I.3.1.


Final reports of research reviews, country overviews, detailed descriptions and cases from work-packages 1 to 4, final checklists from work-package 1, the final report from work-package 5 and draft reports from the qualitative research from work-packages 2 to 4.

1.4.3 Third interim paymentThe contractor shall submit an invoice for an interim payment of EUR [amount in figures and in words] equal to 20% of the total amount corresponding to Phase 1 referred to in Article I.3.1.


Final reports from the qualitative research from work-packages 2 to 4, draft final analysis reports from work-packages 2 to 4.

1.4.4 Fourth interim paymentThe contractor shall submit an invoice for an interim payment of EUR [amount in figures and in words] equal to 20% of the total amount corresponding to Phase 1 referred to in Article I.3.1.


Final analysis reports from work-packages 2 to 4, and interim final consolidated report with assessment from work-package 6.

I.4.6 For each interim payment, the contracting authority shall make the payment within 60 days from receipt of the invoice. The contractor shall have 30 days in which to submit additional information or corrections or a new progress report or documents if required by the contracting authority.

I.4.7 Payment of the balance

The contractor shall submit an invoice for payment of the balance.

The invoice shall be accompanied by the following deliverables:

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• Completion of all outstanding deliverables, including proceedings of the final conference from work-package 6 in accordance with the tender specifications. The contracting authority shall make the payment within 60 days from receipt of the invoice. The contractor shall have 30 days in which to submit additional information or corrections, a new final progress report or other documents if it is required by the contracting authority.

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Where VAT is due in Spain, the provisions of the contract constitute a request for VAT exemption, provided the contractor includes the following statement in the invoice(s): “Direct VAT exoneration (BOE 07/02/1997, nº33 pages 3917 to 3919”.

ARTICLE I.5 – BANK ACCOUNT

Payments shall be made to the contractor’s bank account denominated in euro, identified as follows:

Name of bank: Full address of branch: Exact designation of account holder: Full account number including [bank] codes:[IBAN code:]

ARTICLE I.6 – COMMUNICATION DETAILS AND DATA CONTROLLER

For the purpose of Article II.6, the data controller shall be the European Agency for Safety and Health at Work.

Communications shall be sent to the following addresses:

Contracting authority:

European Agency for Safety and Health at WorkGran Vía, 33E-48009 BilbaoSPAINEmail: [email protected]

Contractor:

[Full name][Function][Company name][Full official address]Email: [complete]

ARTICLE I.7– APPLICABLE LAW AND SETTLEMENT OF DISPUTES

I.7.1. The contract shall be governed by Union law, complemented, where necessary, by the law of Spain.

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I.7.2. Any dispute between the parties in relation to the interpretation, application or validity of the contract which cannot be settled amicably shall be brought before the courts of Bilbao.

ARTICLE I.8 - EXPLOITATION OF THE RESULTS OF THE CONTRACT

I.8.1 Modes of exploitation

In accordance with Article II.10.2 whereby the Union acquires ownership of the results as defined in the tender specifications (Annex I), these results may be used for any of the following purposes:

[(a) use for its own purposes:

(i) making available to the staff of the contracting authority (ii) making available to the persons and entities working for the contracting

authority or cooperating with it, including contractors, subcontractors whether legal or natural persons, Union institutions, agencies and bodies, Member States' institutions

(iii) installing, uploading, processing(iv) arranging, compiling, combining, retrieving(v) copying, reproducing in whole or in part and in unlimited number of copies

(b) distribution to the public:

(i) publishing in hard copies(ii) publishing in electronic or digital format(iii) publishing on the internet as a downloadable/non-downloadable file (iv) broadcasting by any kind of technique of transmission(v) public presentation or display(vi) communication through press information services(vii) inclusion in widely accessible databases or indexes (viii) otherwise in any form and by any method

(c) modifications by the contracting authority or by a third party in the name of the contracting authority:

(i) shortening (ii) summarizing(iii) modifying of the content (iv) making technical changes to the content:

- necessary correction of technical errors- adding new parts or functionalities - changing functionalities- providing third parties with additional information concerning the result

(e.g. source code) with a view of making modifications

(v) addition of new elements, paragraphs titles, leads, bolds, legend, table of content, summary, graphics, subtitles, sound, etc.

(vi) preparation in audio form, preparation as a presentation, animation, pictograms story, slide-show, public presentation etc.

(vii) extracting a part or dividing into parts(viii) use of a concept or preparation of a derivate work(ix) digitisation or converting the format for storage or usage purposes(x) modifying dimensions(xi) translating, inserting subtitles, dubbing in different language versions:

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- languages used within EU- languages of candidate countries

(d) the modes of exploitation listed in article II.10.4

(e) rights to authorise, license, or sub-license in case of licensed pre-existing rights, the modes of exploitation set out in any of the points (a) to (c) to third parties.

Where the contracting authority becomes aware that the scope of modifications exceeds that envisaged in the FWC, specific contract or order form the contracting authority shall consult the contractor. Where necessary, the contractor shall in turn seek the agreement of any creator or other right holder. The contractor shall reply to the contracting authority within one month and shall provide its agreement, including any suggestions of modifications, free of charge. The creator may refuse the intended modification only when it may harm his honour, reputation or distort integrity of the work.

I.8.2 Pre-existing rights and transmission of rights

All pre-existing rights shall be licensed to the Union in accordance with Article II.10.3.

The contractor shall provide to the contracting authority a list of pre-existing rights and third parties' rights including its personnel, creators or other right holders as provided for in Article II.10.5.

The contractor shall present relevant and exhaustive evidence about the acquisition of all the necessary pre-existing rights and third parties' rights together with presentation of relevant result. This obligation should be fulfilled by presentation of the contractor's statement prepared in accordance with Annex A and third parties' statements prepared in accordance with Annex B and the relevant evidence listed in article II.10.5 as appropriate.

ARTICLE I.9 – TERMINATION BY EITHER PARTY

Either party may, unilaterally and without being required to pay compensation, terminate the contract by formally notifying the other party by giving [one month's] notice. Should the contracting authority terminate the contract, the contractor shall only be entitled to payment corresponding to part-performance of the contract before the termination date. The first paragraph of Article II.14.3 shall apply.

SIGNATURES

For the contractor,

[Company name/forename/surname/function]

signature[s]: _______________________

For the contracting authority,

Christa Sedlatschek,

Director of EU-OSHA.

signature[s]:_____________________

Done at [place], [date] Done at Bilbao, [date]

In duplicate in English.

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II – GENERAL CONDITIONS FOR SERVICE CONTRACTS

ARTICLE II.1 – PERFORMANCE OF THE CONTRACT

II.1.1 The contractor shall perform the contract to the highest professional standards.

II.1.2 The contractor shall be solely responsible for taking the necessary steps to obtain any permit or licence required for performance of the contract under the laws and regulations in force at the place where the tasks assigned to it are to be executed.

II.1.3 Without prejudice to Article II.4 any reference made to the contractor’s personnel in the contract shall relate exclusively to individuals involved in the performance of the contract.

II.1.4 The contractor must ensure that the personnel performing the contract possesses the professional qualifications and experience required for the execution of the tasks assigned to it.

II.1.5 The contractor shall neither represent the contracting authority nor behave in any way that would give such an impression. The contractor shall inform third parties that it does not belong to the European public service.

II.1.6 The contractor shall be solely responsible for the personnel who executes the tasks assigned to the contractor.

The contractor shall stipulate the following employment or service relationships with its personnel:

(a) personnel executing the tasks assigned to the contractor may not be given orders directly by the contracting authority;

(b) the contracting authority may not under any circumstances be considered to be the employer of the personnel referred to in point (a) and the personnel shall undertake not to invoke against the contracting authority any right arising from the contractual relationship between the contracting authority and the contractor.

II.1.7 In the event of disruption resulting from the action of one of the contractor's personnel working on the contracting authority's premises or in the event that the expertise of a member of the contractor's personnel fails to correspond to the profile required by the contract, the contractor shall replace him without delay. The contracting authority shall have the right to make a reasoned request for the replacement of any such personnel. The replacement personnel must have the necessary qualifications and be capable of performing the contract under the same contractual conditions. The contractor shall be responsible for any delay in the execution of the tasks assigned to it resulting from the replacement of personnel.

II.1.8 Should the execution of the tasks be directly or indirectly hampered, either partially or totally, by any unforeseen event, action or omission, the contractor shall immediately and on its own initiative record it and report it to the contracting authority. The report shall include a description of the problem and an indication of the date on which it started and of the remedial action taken by the contractor to ensure full compliance with its obligations under this contract. In such an event the contractor shall give priority to solving the problem rather than determining liability.

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II.1.9 Should the contractor fail to perform its obligations under the contract, the contracting authority may - without prejudice to its right to terminate the contract - reduce or recover payments in proportion to the scale of the unperformed obligations. In addition, the contracting authority may claim compensation or impose liquidated damages in accordance with Article II.12.

ARTICLE II.2 – MEANS OF COMMUNICATION

II.2.1 Any communication relating to the contract or to its performance shall be made in writing and shall bear the contract number. Any communication is deemed to have been made when it is received by the receiving party unless otherwise provided for in this contract.

II.2.2 Electronic communication shall be deemed to have been received by the parties on the day of dispatch of that communication provided it is sent to the addressees listed in Article I.6. Without prejudice to the preceding, if the sending party receives a message of non-delivery to or of absence of the addressee, it shall make every effort to ensure the actual receipt of such communication by the other party.

Electronic communication shall be confirmed by an original signed paper version of that communication if requested by any of the parties provided that this request is submitted without unjustified delay. The sender shall send the original signed paper version without unjustified delay.

II.2.3 Mail sent using the postal services is deemed to have been received by the contracting authority on the date on which it is registered by the department responsible referred to in Article I.6.

Any formal notification shall be made by registered mail with return receipt or equivalent, or by equivalent electronic means.

ARTICLE II.3 – LIABILITY

II.3.1 The contractor shall be solely responsible for complying with any legal obligations incumbent on it.

II.3.2 The contracting authority shall not be held liable for any damage caused or sustained by the contractor, including any damage caused by the contractor to third parties during or as a consequence of performance of the contract, except in the event of wilful misconduct or gross negligence on the part of the contracting authority.

II.3.3 The contractor shall be held liable for any loss or damage sustained by the contracting authority in performance of the contract, including in the event of subcontracting, and for any claim by a third party, but only to an amount not exceeding three times the total amount of the contract. Nevertheless, if the damage or loss is caused by the gross negligence or wilful misconduct of the contractor or of its personnel or subcontractors, the contractor shall have unlimited liability for the amount of the damage or loss.

II.3.4 The contractor shall indemnify and hold the Union harmless for all damages and costs incurred due to any claim. The contractor shall provide compensation in the event of any action, claim or proceeding brought against the contracting authority by a third party as a result of damage caused by the contractor during the performance of the contract. In the event of any action brought by a third party against the contracting authority in connection with the performance of the

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contract, including any alleged breach of intellectual property rights, the contractor shall assist the contracting authority. Such expenditure incurred by the contractor may be borne by the contracting authority.

II.3.5 The contractor shall take out an insurance policy against risks and damage relating to the performance of the contract, if required by the relevant applicable legislation. It shall take out supplementary insurance as reasonably required by standard practice in the industry. A copy of all the relevant insurance contracts shall be sent to the contracting authority should it so request.

ARTICLE II.4 - CONFLICT OF INTEREST

II.4.1 The contractor shall take all the necessary measures to prevent any situation of conflict of interest. Such situation arises where the impartial and objective performance of the contract is compromised for reasons involving economic interest, political or national affinity, family or emotional ties, or any other shared interest.

II.4.2 Any situation constituting or likely to lead to a conflict of interest during the performance of the contract shall be notified to the contracting authority in writing without delay. The contractor shall immediately take all the necessary steps to rectify the situation. The contracting authority reserves the right to verify that the steps taken are appropriate and may require that additional steps be taken within a specified deadline.

II.4.3 The contractor declares that it has not granted and will not grant, has not sought and will not seek, has not attempted and will not attempt to obtain and has not accepted and will not accept, any advantage, financial or in kind, to or from any party whatsoever, when such advantage constitutes an illegal practice or involves corruption, either directly or indirectly, in so far as it serves as an incentive or reward relating to the performance of the contract.

II.4.4 The contractor shall pass on all the relevant obligations in writing to its personnel and to any natural person with the power to represent it or take decisions on its behalf and ensure that it is not placed in a situation which could give rise to conflicts of interest. The contractor shall also pass on all the relevant obligations in writing to third parties involved in the performance of the contract including subcontractors.

ARTICLE II.5 – CONFIDENTIALITY

II.5.1 The contracting authority and the contractor shall treat with confidentiality any information and documents, in any form, disclosed in writing or orally in relation to the performance of the contract and identified in writing as confidential.

The contractor shall:

(a) not use confidential information and documents for any purpose other than fulfilling its obligations under the contract without prior written agreement of the contracting authority;

(b) ensure the protection of such confidential information and documents with the same level of protection it uses to protect its own confidential information, but in no case any less than reasonable care;

(c) not disclose directly or indirectly confidential information and documents to third parties without prior written agreement of the contracting authority.

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II.5.2 The confidentiality obligation set out in Article II.5.1 shall be binding on the contracting authority and the contractor during the performance of the contract and for five years starting from the date of the payment of the balance unless:

(a) the disclosing party agrees to release the other party from the confidentiality obligation earlier;

(b) the confidential information becomes public through other means than in breach of the confidentiality obligation, through disclosure by the party bound by that obligation;

(c) the disclosure of the confidential information is required by law.

II.5.3 The contractor shall obtain from any natural person with the power to represent it or take decisions on its behalf, as well as from third parties involved in the performance of the contract, an undertaking that they will comply with the confidentiality obligation set out in Article II.5.1.

ARTICLE II.6 – PROCESSING OF PERSONAL DATA

II.6.1 Any personal data included in the contract shall be processed pursuant to Regulation (EC) 45/2001 of the European Parliament and of the Council of 18 December 2000 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. Such data shall be processed by the data controller solely for the purposes of the performance, management and monitoring of the contract without prejudice to its possible transmission to the bodies charged with monitoring or inspection tasks in application of Union law.

II.6.2 The contractor shall have the right to access its personal data and the right to rectify any such data. The contractor should address any queries concerning the processing of its personal data to the data controller.

II.6.3 The contractor shall have right of recourse at any time to the European Data Protection Supervisor.

II.6.4 Where the contract requires the processing of personal data by the contractor, the contractor may act only under the supervision of the data controller, in particular with regard to the purposes of the processing, the categories of data which may be processed, the recipients of the data and the means by which the data subject may exercise his rights.

II.6.5 The contractor shall grant its personnel access to the data to the extent strictly necessary for the performance, management and monitoring of the contract.

II.6.6 The contractor undertakes to adopt appropriate technical and organisational security measures having regard to the risks inherent in the processing and to the nature of the personal data concerned in order to:

(a) prevent any unauthorised person from gaining access to computer systems processing personal data, and especially:

(i) unauthorised reading, copying, alteration or removal of storage media;

(ii) unauthorised data input, as well as any unauthorised disclosure, alteration or erasure of stored personal data;

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(iii) unauthorised use of data-processing systems by means of data transmission facilities;

(b) ensure that authorised users of a data-processing system can access only the personal data to which their access right refers;

(c) record which personal data have been communicated, when and to whom;

(d) ensure that personal data being processed on behalf of third parties can be processed only in the manner prescribed by the contracting authority;

(e) ensure that, during communication of personal data and transport of storage media, the data cannot be read, copied or erased without authorisation;

(f) design its organisational structure in such a way that it meets data protection requirements.

ARTICLE II.7 – SUBCONTRACTING

II.7.1 The contractor shall not subcontract without prior written authorisation from the contracting authority nor cause the contract to be de facto performed by third parties.

II.7.2 Even where the contracting authority authorises the contractor to subcontract to third parties, it shall nevertheless remain bound by its contractual obligations and shall be solely responsible for the proper performance of this contract.

II.7.3 The contractor shall make sure that the subcontract does not affect rights and guarantees granted to the contracting authority by virtue of this contract, notably by Article II.18.

ARTICLE II.8 – AMENDMENTS

II.8.1 Any amendment to the contract shall be made in writing before fulfilment of any new contractual obligations and in any case before the date of payment of the balance.

II.8.2 The amendment may not have the purpose or the effect of making changes to the contract which might call into question the decision awarding the contract or result in unequal treatment of tenderers.

ARTICLE II.9 – ASSIGNMENT

II.9.1 The contractor shall not assign the rights, including claims for payments, and obligations arising from the contract, in whole or in part, without prior written authorisation from the contracting authority.

II.9.2 In the absence of such authorisation, or in the event of failure to observe the terms thereof, the assignment of rights or obligations by the contractor shall not be enforceable against the contracting authority and shall have no effect on it.

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ARTICLE II.10 – OWNERSHIP OF THE RESULTS - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

II.10.1 Definitions

In this contract the following definitions apply:

(1) 'results' means any intended outcome of the performance of the contract which is delivered and finally accepted by the contracting authority.

(2) 'creator' means any natural person who contributed to the production of the result and includes personnel of the contracting authority or a third party.

(3) 'pre-existing rights' means any industrial and intellectual property rights, including background technology, which exist prior to the contracting authority or the contractor ordering them for the purpose of the contract execution and include rights of ownership and use by the contractor, the creator, the contracting authority and any third parties.

II.10.2 Ownership of the results

The ownership of the results shall be fully and irrevocably acquired by the Union under this contract including any rights in any of the results listed in this contract, including copyright and other intellectual or industrial property rights, and all technological solutions and information contained therein, produced in performance of the contract. The contracting authority may exploit them as stipulated in this contract. All the rights shall be acquired by the Union from the moment the results are delivered by the contractor and accepted by the contracting authority. Such delivery and acceptance are deemed to constitute an effective assignment of rights from the contractor to the Union.

The payment of the price as set out in the order forms or specific contracts is deemed to include any fees payable to the contractor in relation to the acquisition of ownership of rights by the Union including all forms of use of the results.

The acquisition of ownership of rights by the Union under this contract covers all territories worldwide.

Any intermediary sub-result, raw data, intermediary analysis made available by the contractor cannot be used by the contracting authority without the written consent of the contractor, unless the contract explicitly provides for it to be treated as a self-contained result.

II.10.3 Licensing of pre-existing rights

The Union shall not acquire ownership of the pre-existing rights.

The contractor shall license the pre-existing rights on a royalty-free, non-exclusive and irrevocable basis to the Union which may use the pre-existing right as foreseen in Article I.8.1 or in order forms or specific contracts. All the pre-existing rights shall be licensed to the Union from the moment the results were delivered and accepted by the contracting authority.

The licensing of pre-existing rights to the Union under this contract covers all territories worldwide and is valid for the whole duration of intellectual property rights protection.

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II.10.4 Modes of exploitation

The Union shall acquire ownership of each of the results produced as an outcome of this contract which may be used for any of the following purposes:

(a) giving access upon individual requests without the right to reproduce or exploit, as provided for by Regulation 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents30;

(b) storage of the original and copies made in accordance with this contract; (c) archiving in line with the document management rules applicable to the contracting

authority.

II.10.5 Identification and evidence of granting of pre-existing rights and rights of third parties

When delivering the results, the contractor shall warrant that they are free of rights or claims from creators and third parties including in relation to pre-existing rights, for any use envisaged by the contracting authority. This does not concern the moral rights of natural persons.

The contractor shall establish to that effect a list of all pre-existing rights and rights of creators and third parties on the results of this contract or parts thereof. This list shall be provided no later than the date of delivery of the final results.

In the result the contractor shall clearly point out all quotations of existing textual works. The complete reference should include as appropriate: name of the author, title of the work, date and place of publication, date of creation, address of publication on internet, number, volume and other information which allows the origin to be easily identified.

Upon request by the contracting authority, the contractor shall provide evidence of ownership or rights to use all the listed pre-existing rights and rights of third parties except for the rights owned by the Union.

This evidence may refer, inter alia, to rights to: parts of other documents, images, graphs, tables, data, software, technical inventions, know-how etc. (delivered in paper, electronic or other form), IT development tools, routines, subroutines and/or other programs ("background technology"), concepts, designs, installations or pieces of art, data, source or background materials or any other parts of external origin.

The evidence shall include, as appropriate:

(a) the name and version number of a software product; (b) the full identification of the work and its author, developer, creator, translator, data

entry person, graphic designer, publisher, editor, photographer, producer; (c) a copy of the licence to use the product or of the agreement granting the relevant

rights to the contractor or a reference to this licence; (d) a copy of the agreement or extract from the employment contract granting the

relevant rights to the contractor where parts of the results were created by its personnel;

(e) the text of the disclaimer notice if any.

Provision of evidence does not release the contractor from its responsibilities in case it is found that it does not hold the necessary rights, regardless of when and by whom this fact was revealed. 30 According to art. 6.1 of the Council Regulation (EC) Nº 2062/1994 of 18 July 1994, Regulation (EC) Nº 1049/2001

applies to documents held by the Agency: http://osha.europa.eu/en/about/internal_documents

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The contractor also warrants that it possesses the relevant rights or powers to execute the transfer and that it has paid or has verified payment of all due fees including fees due to collecting societies, related to the final results.

II.10.6 Creators

By delivering the results the contractor warrants that the creators undertake not to oppose that their names be recalled when the results are presented to the public and confirms that the results can be divulged. Names of authors shall be recalled on request in the manner communicated by the contractor to the contracting authority.

The contractor shall obtain the consent of creators regarding the granting of the relevant rights and be ready to provide documentary evidence upon request.

II.10.7 Persons appearing in photographs or films

If natural, recognisable persons appear in a result or their voice is recorded the contractor shall submit a statement of these persons (or of the persons exercising parental authority in case of minors) where they give their permission for the described use of their image or voice on request by the contracting authority. This does not apply to persons whose permission is not required in line with the law of the country where photographs were taken, films shot or audio records made.

II.10.8 Copyright for pre-existing rights

When the contractor retains pre-existing rights on parts of the results, reference shall be inserted to that effect when the result is used as set out in Article I.8.1 with the following disclaimer: © - year – European Union. All rights reserved. Certain parts are licensed under conditions to the EU.

II.10.9 Visibility of Union funding and disclaimer

When making use of the results, the contractor shall declare that they have been produced within a contract with the Union and that the opinions expressed are those of the contractor only and do not represent the contracting authority's official position. The contracting authority may waive this obligation in writing.

ARTICLE II.11 – FORCE MAJEURE

II.11.1 'Force majeure' means any unforeseeable and exceptional situation or event beyond the parties' control which prevents either of them from fulfilling any of their obligations under the contract, which was not attributable to error or negligence on their part or on the part of subcontractors and which proves to be inevitable in spite of exercising due diligence. Any default of a service, defect in equipment or material or delays in making them available, unless they stem directly from a relevant case of force majeure, as well as labour disputes, strikes or financial difficulties, cannot be invoked as force majeure.

II.11.2 A party faced with force majeure shall formally notify the other party without delay, stating the nature, likely duration and foreseeable effects.

II.11.3 The party faced with force majeure shall not be held in breach of its contractual obligations if it has been prevented from fulfilling them by force majeure. Where the contractor is unable to fulfil its contractual obligations owing to force majeure, it shall have the right to remuneration only for the tasks actually executed.

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II.11.4 The parties shall take all the necessary measures to limit any damage due to force majeure.

ARTICLE II.12 – LIQUIDATED DAMAGES

The contracting authority may impose liquidated damages should the contractor fail to complete its contractual obligations, also with regard to the required quality level, according to the tender specifications.

Should the contractor fail to perform its contractual obligations within the time-limits set by the contract, then, without prejudice to the contractor's actual or potential liability or to the contracting authority's right to terminate the contract, the contracting authority may impose liquidated damages for each and every calendar day of delay according to the following formula:

0.3 x (V/d)

V is the amount specified in Article I.3.1;

d is the duration specified in Article I.2.3 expressed in calendar days.

The contractor may submit arguments against this decision within 30 days of receipt of the formal notification. In the absence of a reaction on its part or of written withdrawal by the contracting authority within 30 days of the receipt of such arguments, the decision imposing the liquidated damages shall become enforceable.

The parties expressly acknowledge and agree that any sums payable under this article are in the nature of liquidated damages and not penalties, and represent a reasonable estimate of fair compensation for the losses incurred due to failure to fulfil obligations which may be reasonably anticipated.

ARTICLE II.13 – SUSPENSION OF THE PERFORMANCE OF THE CONTRACT

II.13.1 Suspension by the contractor

The contractor may suspend the performance of the contract or any part thereof if a case of force majeure makes such performance impossible or excessively difficult. The contractor shall inform the contracting authority about the suspension without delay, giving all the necessary reasons and details and the envisaged date for resuming the performance of the contract.

Once the circumstances allow resuming performance, the contractor shall inform the contracting authority immediately, unless the contracting authority has already terminated the contract.

II.13.2 Suspension by the contracting authority

The contracting authority may suspend the performance of the contract or any part thereof:

(a) if the contract award procedure or the performance of the contract prove to have been subject to substantial errors, irregularities or fraud;

(b) in order to verify whether presumed substantial errors, irregularities or fraud have actually occurred.

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Suspension shall take effect on the day the contractor receives formal notification, or at a later date provided in the notification. The contracting authority shall give notice as soon as possible to the contractor to resume the service suspended or inform the contractor that it is proceeding with the termination of the contract. The contractor shall not be entitled to claim compensation on account of suspension of the contract or of part thereof.

ARTICLE II.14 – TERMINATION OF THE CONTRACT

II.14.1 Grounds for termination

The contracting authority may terminate the contract in the following circumstances:

(a) if a change to the contractor’s legal, financial, technical or organisational or ownership situation is likely to affect the performance of the contract substantially or calls into question the decision to award the contract;

(b) if execution of the tasks has not actually commenced within three months of the date foreseen, and the new date proposed, if any, is considered unacceptable by the contracting authority, taking into account Article II.8.2;

(c) if the contractor does not perform the contract as established in the tender specifications or fails to fulfil another substantial contractual obligation;

(d) in the event of force majeure notified in accordance with Article II.11 or if the performance of the contract has been suspended by the contractor as a result of force majeure, notified in accordance with Article II.13, where either resuming performance is impossible or the modifications to the contract might call into question the decision awarding the contract or result in unequal treatment of tenderers;

(e) if the contractor is declared bankrupt, is being wound up, is having its affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

(f) if the contractor or any natural person with the power to represent it or take decisions on its behalf has been found guilty of professional misconduct proven by any means;

(g) if the contractor is not in compliance with its 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 it is established or with those of the country of the applicable law of this contract or those of the country where the contract is to be performed;

(h) if the contracting authority has evidence that the contractor or natural persons with the power to represent it or take decisions on its behalf have committed fraud, corruption, or are involved in a criminal organisation, money laundering or any other illegal activity detrimental to the Union's financial interests;

(i) if the contracting authority has evidence that the contractor or natural persons with the power to represent it or take decisions on its behalf have committed substantial errors, irregularities or fraud in the award procedure or the performance of the contract, including in the event of submission of false information;

(j) if the contractor is unable, through its own fault, to obtain any permit or licence required for performance of the contract.

II.14.2 Procedure for termination

When the contracting authority intends to terminate the contract it shall formally notify the contractor of its intention specifying the grounds thereof. The contracting authority shall invite the contractor to make any observations and, in the case of point (c) of Article II.14.1, to inform the contracting authority about the measures taken to continue the fulfilment of its contractual obligations, within 30 days from receipt of the notification.

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If the contracting authority does not confirm acceptance of these observations by giving written approval within 30 days of receipt, the termination procedure shall proceed. In any case of termination the contracting authority shall formally notify the contractor about its decision to terminate the contract. In the cases referred to in points (a), (b), (c), (e), (g) and (j) of Article II.14.1 the formal notification shall specify the date on which the termination takes effect. In the cases referred to in points (d), (f), (h), and (i) of Article II.14.1 the termination shall take effect on the day following the date on which notification of termination is received by the contractor.

II.14.3 Effects of termination

In the event of termination, the contractor shall waive any claim for consequential damages, including any loss of anticipated profits for uncompleted work. On receipt of the notification of termination, the contractor shall take all the appropriate measures to minimise costs, prevent damages, and cancel or reduce its commitments. The contractor shall have 60 days from the date of termination to draw up the documents required by the special conditions for the tasks already executed on the date of termination and produce an invoice if necessary. The contracting authority may recover any amounts paid under the contract.

The contracting authority may claim compensation for any damage suffered in the event of termination.

On termination the contracting authority may engage any other contractor to execute or complete the services. The contracting authority shall be entitled to claim from the contractor all extra costs incurred in this regard, without prejudice to any other rights or guarantees it may have under the contract.

ARTICLE II.15 – REPORTING AND PAYMENTS

II.15.1 Date of payment

Payments shall be deemed to be effected on the date when they are debited to the contracting authority's account.

II.15.2 Currency

The contract shall be in euros.

Payments shall be executed in euros or in the local currency as provided for in Article I.5.

Conversion between the euro and another currency shall be made according to the daily euro exchange rate published in the Official Journal of the European Union or, failing that, at the monthly accounting exchange rate established by the European Commission and published on its website, applicable on the day on which the payment order is issued by the contracting authority.

II.15.3 Costs of transfer

The costs of the transfer shall be borne in the following way:

(a) costs of dispatch charged by the bank of the contracting authority shall be borne by the contracting authority,

(b) cost of receipt charged by the bank of the contractor shall be borne by the contractor,(c) costs for repeated transfer caused by one of the parties shall be borne by the party

causing repetition of the transfer.

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II.15.4 Invoices and Value Added Tax

Invoices shall contain the contractor's identification, the amount, the currency and the date, as well as the contract reference.

Invoices shall indicate the place of taxation of the contractor for value added tax (VAT) purposes and shall specify separately the amounts not including VAT and the amounts including VAT.

The contracting authority is, as a rule, exempt from all taxes and duties, including VAT, pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Union.

The contractor shall accordingly complete the necessary formalities with the relevant authorities to ensure that the supplies and services required for performance of the contract are exempt from taxes and duties, including VAT exemption.

II.15.5 Pre-financing and performance guarantees

Pre-financing guarantees shall remain in force until the pre-financing is cleared against interim payments or payment of the balance and, in case the latter takes the form of a debit note, three months after the debit note is notified to the contractor. The contracting authority shall release the guarantee within the following month.

Performance guarantees shall cover performance of the service in accordance with the terms set out in the tender specifications until its final acceptance by the contracting authority. The amount of a performance guarantee shall not exceed the total price of the contract. The guarantee shall provide that it remains in force until final acceptance. The contracting authority shall release the guarantee within a month following the date of final acceptance.

Where, in accordance with Article I.4, a financial guarantee is required for the payment of pre-financing, or as performance guarantee, it shall fulfill the following conditions:

(a) the financial guarantee is provided by a bank or an approved financial institution or, at the request of the contractor and agreement by the contracting authority, by a third party;

(b) the guarantor stands as first-call guarantor and does not require the contracting authority to have recourse against the principal debtor (the contractor).

The cost of providing such guarantee shall be borne by the contractor.

II.15.6 Interim payments and payment of the balance

The contractor shall submit an invoice for interim payment upon delivery of intermediary results, accompanied by a progress report or any other documents, as provided for in Article I.4 or in the tender specifications.

The contractor shall submit an invoice for payment of the balance within 60 days following the end of the period referred to in Article I.2.3, accompanied by a final progress report or any other documents provided for in for in Article I.4 or in the tender specifications.

Upon receipt, the contracting authority shall pay the amount due as interim or final payment within the periods specified in Article I.4, provided the invoice and documents have been approved and without prejudice to Article II.15.7. Approval of the invoice and

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documents shall not imply recognition of the regularity or of the authenticity, completeness and correctness of the declarations and information they contain.

Payment of the balance may take the form of recovery.

II.15.7 Suspension of the time allowed for payment

The contracting authority may suspend the payment periods specified in Article I.4 at any time by notifying the contractor that its invoice cannot be processed, either because it does not comply with the provisions of the contract, or because the appropriate documents have not been produced.

The contracting authority shall inform the contractor in writing as soon as possible of any such suspension, giving the reasons for it.

Suspension shall take effect on the date the notification is sent by the contracting authority. The remaining payment period shall start to run again from the date on which the requested information or revised documents are received or the necessary further verification, including on-the-spot checks, is carried out. Where the suspension period exceeds two months, the contractor may request the contracting authority to justify the continued suspension.

Where the payment periods have been suspended following rejection of a document referred to in the first paragraph and the new document produced is also rejected, the contracting authority reserves the right to terminate the contract in accordance with Article II.14.1(c).

II.15.8. Interest on late payment

On expiry of the payment periods specified in Article I.4, and without prejudice to Article II.15.7, the contractor is entitled to interest on late payment at the rate applied by the European Central Bank for its main refinancing operations in Euros (the reference rate), plus eight points. The reference rate shall be the rate in force on the first day of the month in which the payment period ends, as published in the C series of the Official Journal of the European Union.

The suspension of the payment periods in accordance with Article II.15.7 may not be considered as a late payment.

Interest on late payment shall cover the period running from the day following the due date for payment up to and including the date of actual payment as defined in Article II.15.1.

However, when the calculated interest is lower than or equal to EUR 200, it shall be paid to the contractor only upon request submitted within two months of receiving late payment.

ARTICLE II.16 - REIMBURSEMENTS

II.16.1 Where provided by the special conditions or by the tender specifications, the contracting authority shall reimburse the expenses which are directly connected with execution of the tasks on production of original supporting documents, including receipts and used tickets, or failing that, on production of copies or scanned originals, or on the basis of flat rates.

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II.16.2 Travel and subsistence expenses shall be reimbursed, where appropriate, on the basis of the shortest itinerary and the minimum number of nights necessary for overnight stay at the destination.

II.16.3 Travel expenses shall be reimbursed as follows:

(a) travel by air shall be reimbursed up to the maximum cost of an economy class ticket at the time of the reservation;

(b) travel by boat or rail shall be reimbursed up to the maximum cost of a first class ticket;

(c) travel by car shall be reimbursed at the rate of one first class rail ticket for the same journey and on the same day;

In addition, travel outside Union territory shall be reimbursed provided the contracting authority has given its prior written consent.

II.16.4 Subsistence expenses shall be reimbursed on the basis of a daily subsistence allowance as follows:

(a) for journeys of less than 200 km for a return trip, no subsistence allowance shall be payable;

(b) daily subsistence allowance shall be payable only on receipt of supporting documents proving that the person concerned was present at the destination;

(c) daily subsistence allowance shall take the form of a flat-rate payment to cover all subsistence expenses, including meals, local transport which includes transport to and from the airport or station, insurance and sundries;

(d) daily subsistence allowance shall be reimbursed at the flat rates specified in Article I.3;

e) accommodation shall be reimbursed on receipt of supporting documents proving the necessary overnight stay at the destination, up to the flat-rate ceilings specified in Article I.3.

II.16.5 The cost of shipment of equipment or unaccompanied luggage shall be reimbursed provided the contracting authority has given prior written authorisation.

II.16.6 Conversion between the euro and another currency shall be made as specified in Article II.5.2.

ARTICLE II.17 – RECOVERY

II.17.1 If an amount is to be recovered under the terms of the contract, the contractor shall repay the contracting authority the amount in question according to the terms and by the date specified in the debit note.

II.17.2 If the obligation to pay the amount due is not honoured by the date set by the contracting authority in the debit note, the amount due shall bear interest at the rate indicated in Article II.15.8. Interest on late payments shall cover the period from the day following the due date for payment, up to and including the date when the contracting authority receives full payment of the amount owed.

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Any partial payment shall first be entered against charges and interest on late payment and then against the principal amount.

II.17.3 If payment has not been made by the due date, the contracting authority may, after informing the contractor in writing, recover the amounts due by offsetting them against any amounts owed to the contractor by the Union or by the European Atomic Energy Community or by calling in the financial guarantee, where provided for in Article I.4.

ARTICLE II.18 – CHECKS AND AUDITS

II.18.1 The contracting authority and the European Anti-Fraud Office may check or have an audit on the performance of the contract. It may be carried out either directly by its own staff or by any other outside body authorised to do so on its behalf.

Such checks and audits may be initiated during the performance of the contract and during a period of five years which starts running from the date of the payment of the balance.

The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by the contracting authority. Audits shall be carried out on a confidential basis.

II.18.2 The contractor shall keep all original documents stored on any appropriate medium, including digitised originals when they are authorised by national law and under the conditions laid down therein, for a period of five years which starts running from the date of payment of the balance.

II.18.3 The contractor shall allow the contracting authority's staff and outside personnel authorised by the contracting authority the appropriate right of access to sites and premises where the contract is performed and to all the information, including information in electronic format, needed in order to conduct such checks and audits. The contractor shall ensure that the information is readily available at the moment of the check or audit and, if so requested, that information be handed over in an appropriate form.

II.18.4 On the basis of the findings made during the audit, a provisional report shall be drawn up. It shall be sent to the contractor, which shall have 30 days following the date of receipt to submit observations. The final report shall be sent to the contractor within 60 days following the expiry of that deadline.

On the basis of the final audit findings, the contracting authority may recover all or part of the payments made and may take any other measure which it considers necessary.

II.18.5 By virtue of Regulation (EC) No 1073/1999 of the European Parliament and the Council of 25 May 1999 concerning investigation conducted by the European Anti-Fraud Office (OLAF), the OLAF may also carry out on-the-spot checks and inspections in accordance with the procedures laid down by Union law for the protection of the financial interests of the Union against fraud and other irregularities. Where appropriate, the findings may lead to recovery by the contracting authority.

II.18.6 The Court of Auditors shall have the same rights as the contracting authority, notably right of access, for the purpose of checks and audits.

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