Supply of temporary agency workers

Legal and regulatory capacity – Requirement (both lots): All tenderers, i.e., all members of a joint tender and any subcontractors for which a declaration on their honour (see Annex III) is required, must have authorisation to perform the contract under national law. The EU Agency will only use temporary agency workers made available by the contractors that have been admitted in the system foreseen by Waadi. Therefore the contractors shall demonstrate compliance currently applicable to the services and are required to obtain a statutory certificate (registration) or must demonstrate to the EU Agency that they can rely on the statutory exemption for the admission system in case the labour arrangement does not fall within the legal definition of Waadi. The contractor shall commit to obtaining a formal Wtta registration certificate with effect from the date on which that regime becomes applicable to the services. To further demonstrate compliance, the contractor shall provide proof of the Wtta registration to the EU Agency by 30 June 2027.

Financial and economic capacity – Requirement (Lot 1 specific turnover): Tenderers must be financially feasible and in a stable financial position and have the economic and financial capacity to perform the contract. In order to be financially feasible, an entity must be able to demonstrate a favourable total score for the following: liquidity, capability to cover its short-term commitments; solvency, capability to cover its medium and long-term commitments; and profitability, generating profits, or at least with self-financing capacity. The annual turnover of the tenderer must be of a minimum value for each of the last two financial years: For Lot 1: EUR 3,500,000.00.

Technical and professional capacity – Requirement no.1 – No conflicting interest (both lots, individual assessment): The tenderer and the proposed personnel shall not have any conflicting interest or conflict of interest within the meaning of Article II.1 of the draft framework contract (Annex VII), which could affect the performance of the services of the contract. It follows that the tenderer shall not be in any situation that could compromise the impartial and objective performance of the contract with regard to the rendition of the services and/or supplies.

Technical and professional capacity – Requirement no.2 – Similar contracts experience (both lots, consolidated assessment): The tenderer must have at least three years' professional experience in the provision of at least three similar contracts providing services for organisations with similar client characteristics (i.e. international organisations or multinational companies) as described in Section 3 above and must have provided at least 50 temporary agency workers per year in total across the different contracts.

Technical and professional capacity – Requirement no.3 – Sourcing capability per lot (both lots, consolidated assessment): The tenderer must be able to respond to the needs of the EU Agency in the sourcing and provision of suitable temporary agency workers of the different profiles detailed under Section 3.1.3 and specific to each lot.

Technical and professional capacity – Requirement no.4 – Dedicated team (both lots, consolidated assessment): The tenderer shall ensure the provision of the highest level of services to both the EU Agency and its temporary agency workers at all times through a dedicated team, as follows: The tenderer must have a competent and suitable Account Manager or equivalent with at least three years' relevant experience who will act as a single liaison between the tenderer and the EU Agency. The Account Manager or equivalent shall be responsible for service delivery, support team members, sourcing/recruiting staff and their backups to perform the service delivery and follow-up in line with the EU Agency's requirements. The tenderer must nominate a competent and suitable support team member (carrying out administrative support to the team) and a sourcing/recruiting staff member with at least three years' relevant experience each. The tenderer shall ensure that back-ups for the account manager (or equivalent role), support team member and sourcing/recruiting staff member are in place. The Account Manager and any back-up and support team member must be able to communicate with the EU Agency in English.

Technical and professional capacity – Requirement no.5 – Data protection experience (both lots, consolidated assessment): The tenderer must have at least two years' professional experience in processing of large amount of personal data in compliance with Union data protection legislation, in the field of employment and temporary worker assignment which are processed, in particular, in electronic databases/digital infrastructure; for example, CVs of temporary agency workers listing professional experience, other personal data of temporary agency workers such as health data, identification documents, financial data, data relating to criminal convictions and offences.

Compliance with applicable environmental, social and labour law obligations established by Union law, national legislation, collective agreements or the international environmental, social and labour conventions listed in Annex X to Directive 2014/24/EU.

The working language of the EU Agency is English and the contractor must confirm that it will be able to communicate with the EU Agency in English for seamless implementation and execution of all the services covered within the scope of the contract, including responsibilities resulting from regulatory requirements such as Health and Safety and Data Protection, as well as for the efficient and timely response in respect to contract management.

Processing of personal data in connection with this service must comply with EU data protection legislation, in particular, Regulation (EU) 2016/679 (General Data Protection Regulation), in such a manner that processing of personal data will meet the requirements of Regulation (EU) 2018/1725.

Processing of personal data in connection with this service (including remote data access and data storage, if applicable) must be performed from within the territory of the European Union, the European Economic Area or the territory of a third country for which a valid adequacy decision, within the meaning of Article 47 Regulation (EU) 2018/1725, has been adopted by the European Commission.

Legal and regulatory capacity – Requirement (both lots): All tenderers, i.e., all members of a joint tender and any subcontractors for which a declaration on their honour (see Annex III) is required, must have authorisation to perform the contract under national law. The EU Agency will only use temporary agency workers made available by the contractors that have been admitted in the system foreseen by Waadi. Therefore the contractors shall demonstrate compliance currently applicable to the services and are required to obtain a statutory certificate (registration) or must demonstrate to the EU Agency that they can rely on the statutory exemption for the admission system in case the labour arrangement does not fall within the legal definition of Waadi. The contractor shall commit to obtaining a formal Wtta registration certificate with effect from the date on which that regime becomes applicable to the services. To further demonstrate compliance, the contractor shall provide proof of the Wtta registration to the EU Agency by 30 June 2027.

Financial and economic capacity – Requirement (Lot 2 specific turnover): Tenderers must be financially feasible and in a stable financial position and have the economic and financial capacity to perform the contract. In order to be financially feasible, an entity must be able to demonstrate a favourable total score for the following: liquidity, capability to cover its short-term commitments; solvency, capability to cover its medium and long-term commitments; and profitability, generating profits, or at least with self-financing capacity. The annual turnover of the tenderer must be of a minimum value for each of the last two financial years: For Lot 2: EUR 12,200,000.00.

Technical and professional capacity – Requirement no.1 – No conflicting interest (both lots, individual assessment): The tenderer and the proposed personnel shall not have any conflicting interest or conflict of interest within the meaning of Article II.1 of the draft framework contract (Annex VII), which could affect the performance of the services of the contract. It follows that the tenderer shall not be in any situation that could compromise the impartial and objective performance of the contract with regard to the rendition of the services and/or supplies.

Technical and professional capacity – Requirement no.2 – Similar contracts experience (both lots, consolidated assessment): The tenderer must have at least three years' professional experience in the provision of at least three similar contracts providing services for organisations with similar client characteristics (i.e. international organisations or multinational companies) as described in Section 3 above and must have provided at least 50 temporary agency workers per year in total across the different contracts.

Technical and professional capacity – Requirement no.3 – Sourcing capability per lot (both lots, consolidated assessment): The tenderer must be able to respond to the needs of the EU Agency in the sourcing and provision of suitable temporary agency workers of the different profiles detailed under Section 3.1.3 and specific to each lot.

Technical and professional capacity – Requirement no.4 – Dedicated team (both lots, consolidated assessment): The tenderer shall ensure the provision of the highest level of services to both the EU Agency and its temporary agency workers at all times through a dedicated team, as follows: The tenderer must have a competent and suitable Account Manager or equivalent with at least three years' relevant experience who will act as a single liaison between the tenderer and the EU Agency. The Account Manager or equivalent shall be responsible for service delivery, support team members, sourcing/recruiting staff and their backups to perform the service delivery and follow-up in line with the EU Agency's requirements. The tenderer must nominate a competent and suitable support team member (carrying out administrative support to the team) and a sourcing/recruiting staff member with at least three years' relevant experience each. The tenderer shall ensure that back-ups for the account manager (or equivalent role), support team member and sourcing/recruiting staff member are in place. The Account Manager and any back-up and support team member must be able to communicate with the EU Agency in English.

Technical and professional capacity – Requirement no.5 – Data protection experience (both lots, consolidated assessment): The tenderer must have at least two years' professional experience in processing of large amount of personal data in compliance with Union data protection legislation, in the field of employment and temporary worker assignment which are processed, in particular, in electronic databases/digital infrastructure; for example, CVs of temporary agency workers listing professional experience, other personal data of temporary agency workers such as health data, identification documents, financial data, data relating to criminal convictions and offences.

Compliance with applicable environmental, social and labour law obligations established by Union law, national legislation, collective agreements or the international environmental, social and labour conventions listed in Annex X to Directive 2014/24/EU.

The working language of the EU Agency is English and the contractor must confirm that it will be able to communicate with the EU Agency in English for seamless implementation and execution of all the services covered within the scope of the contract, including responsibilities resulting from regulatory requirements such as Health and Safety and Data Protection, as well as for the efficient and timely response in respect to contract management.

Processing of personal data in connection with this service must comply with EU data protection legislation, in particular, Regulation (EU) 2016/679 (General Data Protection Regulation), in such a manner that processing of personal data will meet the requirements of Regulation (EU) 2018/1725.