Contract notice

Operation & Security of a forensic psychiatric centre in Antwerp

It is the endeavour of both the Minister of Justice and the Minister of Social Affairs and Health to provide all internees (a number of whom are currently in prison) with high-quality care on the outside bof the prison. To achieve this, a forensic psychiatric care course is necessary, consisting of a care programme for the various specific target groups of internees. This care must, however, develop within a context that provides the necessary surveillance and security, taking into consideration the nature of the public and also the legal status applicable to it.
The current Assignment is for the operation of the forensic psychiatric centre (FPC) that will be set up in Antwerp and shall have a proposed capacity of 182 places. In addition, the FPC has 4 isolation rooms and 17 low-stimulus rooms which are not included in the rooms that can normally be used.
The FPS Justice acts as Contracting authority and wishes, through the current Assignment, to appoint a partner who will undertake the operation and security of FPC in Antwerp. The total duration of the Assignment, and thus the period of operation / security shall, in principle, be 10 years (extendible for one additional period of 10 years).
The assignment covers the following aspects:
1. Providing care, being everything connected to providing medical care to the internees
2. Managing the FPC, being everything connected to the management and administration of the FPC
3. The hotel function and the facilitating services, being everything with regard to the operation, logistics and investments (including laundry and catering)
4. The maintenance activities of the FPC: all activities with a view to implementation of user and owner maintenance and maintenance of the technical installations
5. The security of the FPC, being everything connected to monitoring and security of the FPC (“cold security”)
The FPC in Antwerp is currently being built, under the implementation of a governmental assignment allocated by the Government Buildings Agency.
The Assignment shall be allocated by the FPS Justice. In practice, the operator and security company shall, during the implementation of the Agreements for certain departments, be managed by and/or must enter into consultation with the FPS Health, Safety of the Food Chain and Environment (hereinafter FPS Health) and also with other public authorities involved in the project such as the National Institute for Health and Disability Insurance (NIHDI) and the Government Buildings Agency.
The FPC shall consist of two units that differ from each other in the level of security and consequently offer various possibilities for care provision:
- A first unit with 110 beds with the highest level of security. There are wards here provided for a) observation and b) for imposed treatment, more specifically:
o 4 care units with 10 beds for observation and orientation (40 beds)
o 7 care units with 10 beds for imposed treatment (70 beds)
o 4 isolation rooms and 17 low-impulse rooms for short-term isolation of internees who request isolation or behave problematically
- A second unit of 72 beds with a lower security level. Here, the treatment programme leans more towards the stage of external, social re-integration. The following care units can be found here:
o 6 units with 12 beds, units for rehabilitation and re-integration (72 beds)
- .
The institution is open to both male and female internee patients. The proportion of female patients can be at most 10% of the population. Anything in excess of this should be discussed in advance with the Compliance Committee.
The FPC Antwerp has a care guidance as described in the Royal Decree of 19 December 2014 for the implementation of article 56, paragraph 3 of the law concerning the mandatory insurance for health care and benefits, coordinated on 14 July 1994 for the forensic psychiatric centres (this RD will be extended with provisions applicable to the FPC Antwerp).
• The operator shall be responsible for the actual operation of the FPC Antwerp and is responsible for providing the adjusted treatment, care and supervision that aims, as far as possible, to reintegrate this target group in society and this in relationship to the characteristics of the target group that is admitted to this centre.
In order to achieve individual reintegration, the operator should strive for an anchoring within the existing health sector. For this, the operator shall make structural collaboration agreements with the mainstream treatment facilities and services.
The infrastructure and other amenities must allow the psychiatric care to be undertaken in safe circumstances both as far as both the internal aspect (to guarantee the psycho-pathological and physical integrity of anyone who lives and works in the secure facility) and the external aspect (the safety of society) are concerned.
The operator is further responsible for the ‘Hotel function and the Ancillary services’, as carried out in a psychiatric hospital. He is also responsible for the ‘Management’ and the ‘Maintenance activities’ of the FPC. The Security Company is responsible for the ‘Security’ of the FPC.
The legislation concerning patient rights, the law for the protection of society and all relevant legislation applicable to internees, is applicable to the internees staying in the FPC Antwerp.
IMPORTANT NOTE:
The Assignment consists of two items, for which the Tenderer must produce a price quotation:
• Item 1: the management of the FPC (= points 1 to 4 above).
• Item 2: the security of the FPC (= point 5 above). An accredited private security company must either be a subsidiary of the Tenderer or operate as a sub-contractor of the Tenderer.
The FPS Justice shall conclude three Agreements: the operating Agreement (cf. item 1) and the security Agreement (cf. item 2), and a collaboration Agreement between the parties involved (cf. items 1 and 2). The security Agreement shall only be concluded with an accredited private security company.
Additional explanatory remarks shall be included in the Contract documents that shall be submitted to the selected Candidates.

Publication date
22-07-2015
Deadline
03-09-2015 at 10:00
Business sector (CPV)
85111500 - Psychiatric hospital services
79713000 - Guard services
Region codes (NUTS)
BE211 - Arr. Antwerpen
Contract type
Services - Service category No 25
Procedure
Negotiated

Contracting authority

Official name
DG Correctional Facilities
Postal address
Willebroekkaai 33, 1000 Brussels, BE
Contact point(s)
DG Correctional Facilities – Directorate Budget, Administration & Logistics
For the attention of
Kris Vermeiren

Quantity or scope of the contract

Total quantity or scope:

Management of 1 FPC (in Antwerp), with a proposed capacity of 182 beds

Conditions for participation

Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Pertaining to the selection of the candidates, the access right and the qualitative selection shall be governed by articles 58 to 79 of the Royal Degree of 15 July 2011 concerning the placing of governmental assignments classic sectors (hereinafter: the ‘RD of 15 July 2011’).
Information and formalities to assess whether the requirements are met.
By submitting a quotation, the tenderer declares that he does not belong to any of the exclusion categories below. The contracting authority shall investigate the accuracy of this implicit solemn declaration before making the selection decision. The information or documents that can be requested by the contracting authority free-of-charge via electronic means from the data administrator shall be requested by the contracting authority itself.
The following exclusion criteria are applicable:
Exclusion criterion concerning illegal employment
The candidate or tenderer who has been identified as employer of subjects of third countries residing illegally as intended by the law of 11 February 2013 for determining sanctions and measures for employers of subjects of third countries residing illegally shall be excluded from admission to every stage of the allocation procedure.
This provision applies equally to the entity of which the candidate or tenderer makes use, when the resources of the entity are decisive for the selection of the candidate or tenderer.
The exclusion from participation in governmental assignments applies for at most 5 years.
First exclusion criterion.
§.1. The Belgian applicant who employs staff that are subject to the law of 27 June 1969 that modifies the decree law of 28 December 1944 regarding the social security of employees which must be up-to-date with his obligations towards the National Office for Social Security. He shall be considered up-to-date with the aforementioned obligations if, at the latest the day before the final date for receiving the quotations, he has:
1 sent back all the required returns for Social Security, up to and including those relating to the quarter before last before the receipt of the quotations and
2 no amounts to be settled on these returns in excess of 3,000 EUR, unless he has been granted deferment of payment for which he has strictly observed all the instalments.
Even so, even when the contribution debt is larger than 3,000.00 EUR, the tenderer shall be considered up-to-date if, before the decision for granting the assignment is taken, he can show that he, at the end of the calendar quarter intended in the second paragraph, has one or more claims on the contracting authority in the sense of article 2, paragraph 1, of the law of 15 June 2006 or on a governmental authority in the sense of article 2, paragraph 2 of the law of 15 June 2006, which are certain, due and payable and free of any connection with third parties and of which the amount, with the exception of 3,000.00 EUR, is at least equal to the contribution payments in arrears.
§ 2. At the latest the day before the final date for receiving the quotations from a foreign tenderer, he:
1st has satisfied all the obligations concerning payment of contributions for social security, pursuant to the legal conditions of the country where he has his registered office.
2nd is up-to-date with the conditions of § 1, if he employs staff that are subject to the law of 27 June 1969 that modifies the decree law of 28 December 1944 regarding the social security of employees.
§.3. The contracting Authority can, in whatever stage of the procedure, use all resources at its disposal for gaining information about the position of payment of contributions for the social security by no matter which tenderer.
Second exclusion criterion.
Pursuant to article 20 of the law and article 61, § 1 of the Royal Decree of 15 July 2011, a tenderer can be excluded from the granting procedure at any stage if a final and binding judgement has been made and of which the contracting authority is aware, and has been convicted of:
1st participation in a criminal organisation as intended in article 324 b of the Penal Code;
2nd bribery as intended in article 246 and 250 of the Penal Code;
3rd fraud as intended in article 1 of the agreement pertaining to the protection of the financial interests of the Community, approved by the law of 17 February 2002;
4th money laundering as intended in article 5 of the law of 11 January 1993 for avoiding the use of the financial system for laundering money and financing terrorism.
For the purpose of the application of this clause, the contracting authority is entitled to ask the tenderer whose quotation is considered the best, to submit the necessary information or documents. If there is doubt about the personal situation of the tenderer, it may request the competent domestic or foreign authorities to provide the information it considers necessary in this matter.
Third exclusion criterion.
Pursuant to article 20 of the law of 15 June 2006 and article 61, § 2, 1st and 2nd of the Royal Decree of 15 July 2011, a tenderer can be excluded from the granting procedure at any stage if:
1st he finds itself in a state of bankruptcy or liquidation, has ceased his activities, is undergoing a judicial reorganisation, or finds himself in a corresponding situation as a result of a similar procedure which exists in other national laws and regulations;
2nd has filed for bankruptcy, a procedure of liquidation or judicial composition is pending for him, or he is the subject of a similar procedure which exists in other national laws and regulations;
Fourth exclusion criterion.
The tenderer shall be excluded from the governmental assignment if, by a judgement that has become final and is no longer open to appeal, was convicted for an offence which affects his professional integrity.
For the purpose of the application of this clause, the contracting authority is entitled to ask the tenderer whose quotation is considered the best, to submit the necessary information or documents. If there is doubt about the personal situation of the tenderer, it may request the competent domestic or foreign authorities to provide the information it considers necessary in this matter.
Fifth exclusion criterion.
The tenderer may not have committed a serious error in his professional practice, established on any basis which the authorities inviting tenders can demonstrate to be plausible.
Furthermore, the tenderer undertakes, by signing his quotation, to satisfy the norms stipulated in the basic conventions of the International Labour Organisation (IAO), and in particular:
1st: the prohibition on forced labour (treaty no. 29 concerning forced or mandatory labour, 1930 and treaty no. 105, concerning the abolition of forced labour, 1957);
2nd: the right to trade union freedom (treaty no. 87 concerning the freedom of association and protection of the right to organise convention, 1948);
3rd: the right of organisation and collective consultation (treaty no. 98 concerning the right to organise and collective consultation, 1949);
4th: the prohibition on discrimination concerning employment and remuneration (treaty no. 100, concerning equal pay, 1951, and treaty no. 111 concerning discrimination (profession and professional conduct), 1958);
5th: the minimum age for child labour (treaty no. 138 concerning the minimum age, 1973), and also the prohibition on the worst forms of child labour (treaty no. 182 about the worst forms of child labour, 1999).
Non-compliance with the treaties listed above shall be considered a serious error in professional conduct in the sense of article 61, § 2, 4th of the RD of 15 July 2011. The regulations stated above are applicable regardless of the other provisions stated in article 61 of the decision stated above.
Sixth exclusion criterion.
The tenderer must be in good standing with the payment of its taxes under Belgian law or those of the country where it is established, pursuant to the provisions of article 63 of the DC of 15 July 2011.
Seventh exclusion criterion.
Any tenderer shall be excluded from participation in the governmental assignment who is guilty of serious misrepresentation when supplying the information required under this chapter, of who fails to supply it.
If, in the course of the allocation procedure it should transpire that one of the candidates, one of the companies from the combination or one of the entities relied on for its resources, finds itself in a situation that can give rise to exclusion, the contracting authority can decide to exclude the entire candidacy.

Economic and financial ability

Information and formalities to assess whether the requirements are met: The candidate must demonstrate in his candidacy that he has sufficient economic and financial (business) strength for the execution of the assignment and to enter into the required commitments without bringing a financial risk for the contracting authority.
For the assessment of the financial and economic (business) strength, the application for participation must include the following documents and / or information:
- A statement concerning the total turnover for each of the last three financial years, with a statement of the specific turnover for assignments similar or identical to the current assignments or (partially) similar subject (see categories II.1.1 and II.1.5). This statement should be signed and audited by a competent person or organisation, according to the nature of the company.
- The financial statements for the last three years, as filed with the National Bank of Belgium or a similar institution.
- A completed and signed bank statement concerning the financial-economic (business) strength pursuant to the model in appendix 3 of RD Assignment of 15 July 2011.
If the application for participation is submitted by a combination of companies and/or if reference is hereby made to the strength of other entities, it is sufficient that the documents listed and/or information is submitted on behalf of those companies whose turnover is relied on for the purpose of the minimal requirements listed below.

Minimum level(s) of standards possibly required:

Possible minimum requirements: The minimum requirement for financial and economic (business) strength are:
- With regards to the turnover, as transpires from the declaration and financial statement: in at least one of the last three financial years, a turnover for assignments similar or identical to the current assignments or (partially) similar subject (see categories II.1.1 and II.1.5) has been achieved of at least EUR 15,000,000.00 (in words: fifteen million euro).
If the application for participation is submitted by a combination of companies and/or if reference is hereby made to the strength of other entities, the largest entities (measured in turnover), 3 at most, have together realised the turnover stated above.

Technical capacity

Information and formalities to assess whether the requirements are met:
The candidate must deliver the proof that he possesses a suitable technical competence for executing the assignment, in other words, for supplying the aspects regarding the ‘hotel function and ancillary services’, the ‘Management of the FPC’, ‘the maintenance activities’, ‘the care provision’ and ‘the security of the FPC’ (see under II.1.5).
The candidate must, on the one hand, offer proof of sufficient knowledge and experience concerning the legal and operational aspects of detention (knowledge of the current legislation and the detention system). The candidate must additionally demonstrate that he is sufficiently familiar with and has the necessary work experience with the judicial partners, PSWC, out patient and residential health and welfare care, provision and services, Flemish Agency for Disabled Persons (VAPH), accommodation, poverty, home care, National Health Service etc.
For the assessment of the technical competence, the application for participation must include the following documents and / or information:
- A portfolio of references (see minimum requirements).
If the application for participation is submitted by a combination of companies and/or if reference is hereby made to the strength of other entities, the portfolio may contain references from all the companies together.
- A memorandum – of maximum 5 pages – concerning the manner in which the candidate will organise himself internally for the execution of the assignment, which must show the relevant experience and competence.
- An explanatory note – of maximum 10 pages – in which the candidate elaborates, in concrete terms, his vision on the execution of the assignment, whereby the candidate thus demonstrates that he has the prerequisite knowledge, capacity, experience and vision to implement the proposed assignment.

Minimum level(s) of standards possibly required:

Possible minimum requirements:
The minimum requirement for technical competence are:
- At least 1 and at most 5 completed references (whether or not from the private or public sector) for activities similar to the current assignment for the target group (psychiatric patients, internees), which demonstrates knowledge and experience relevant for the proposed assignment.
This portfolio of relevant references must furthermore include at least 1 relevant reference for each of the following aspects of the assignment:
1. Health care
2. Management of the FPC
3. The hotel function and the ancillary services
4. The maintenance activities
5. The security of the FPC
It is also permitted to submit 1 integrated reference for one or more of these aspects together.
Only references that demonstrate sufficient relevance for the proposed assignment shall be taken into consideration.
Each reference should be clarified further by the candidate. The candidate should hereby submit the following information to the contracting authority:
- Identification of the reference (= name, place, total value of the whole project, period and duration of execution in months, etc.);
- The institution (public or private) for which the assignment was carried out, incl. the name and contact details of the principal’s contact person;
- Description of the project (with an indication of which tasks / aspects were carried out by the incumbent of the reference);
- Description of why this reference is relevant for the proposed aspect; Similarly, it should be indicated how the experience acquired can be usefully deployed for the new project;
- Listing any appendices supporting this reference;
Each reference should have been implemented in the last 3 years. This is understood to mean: services that were performed in a period of 3 years prior to the announcement of the assignment.
At least one reference should have been implemented at the request of a private or public principal and must be supported by a certificate of good execution issued by the principal. The contracting authority is entitled to request certificates of good execution from the private or public principal for other references or to verify the good execution of each reference in any other way.
If more references are submitted than permitted, the candidate can be asked to make a selection himself: the ‘superfluous’ references shall not be taken into consideration during the selection.

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