Call for tenders' details

Contracting authority:
Translation Centre for the Bodies of the European Union (CDT)
TED publication date:
Time limit for receipt of tenders:
English (en)
Question details
Annex 4, 5.1 and 5.2
Kindly consider the following scenario: A tenderer wants to rely upon the technical capacity of an individual freelance translator (natural person), in order to fulfill the selection criteria as described under 3.2.3; the tenderer will also include the translator in the proposed team. Our understanding is that since we are relying upon them to fulfill the required technical capacity, they are considered subcontractors, must: (1) be included in Annex 4 (2) submit a letter of commitment and a declaration on honor (apart from CV and diplomas) (3) submit references for the technical capacity that will be presented in Annex 7 together with the capacity of the tenderer. However, according to Answer 7 you have provided on 25/04/2022, they are not. Therefore we'd like to enquire the following: (a) Can we rely upon the technical capacity of such an individual freelance translator to fulfill the selection criteria? (b) Is the individual freelance translator in this case considered a subcontractor? (c) Must we present this individual freelance translator in Annex 4 as an "identified subcontractor"? (d) Must the individual freelance translator submit the declaration on honor and a letter of commitment, either 5.1 or 5.2? (e) Will reference letters (as per the provisions of 3.2.3) given to the individual freelance translator by other translation companies be accepted as proof of experience presented in Annex 7?
Please note that, subcontracting is the situation where the contractor enters into legal commitments with other economic operators which will perform part of the contract on its behalf. Therefore, according to the tender specification, use of staff without employment contract (“self-employed persons working for the contractor”), shall not be considered subcontracting. They will be instead considered as “personnel” of the contractor as defined in the contract. Tenderers cannot outsource 100% of the contractual tasks and must provide details as regards the percentage of subcontracting per subcontractor. By filling in the form available in Annex 4, tenderers are required to give an indication of the proportion of the contract that they intend to subcontract, as well as to identify and describe briefly the envisaged contractual roles/tasks of subcontractors on whose capacities the tenderer relies upon to fulfil the selection criteria. Any such subcontractor must provide the tenderer with a commitment letter drawn up in the model attached in Annex 5.1 and signed by its authorised representative.