Services de renouvellement des portefeuilles d’assurances pour les besoins de l’Administration communale, et en marché conjoint pour les besoins du C.P.A.S. d’Anthisnes, pour les années 2027 à 2030

✓The place of performance is the Commune of Anthisnes (Cour d’Omalius 1, 4160 Anthisnes) and associated sites (schools, crèche, rest home, etc.); the text references annexed risk tables (e.g. buildings, masses salariales, number of pupils and teachers per school).

❓Contracts take effect 1 January 2027 for one year, with automatic renewals unless one party notifies termination at least three months before expiry by registered letter with acknowledgement of receipt.

✓Award criteria and weighting are described precisely.

✓The contract is awarded to the economically most advantageous tender based on three main criteria totalling 100 points: price (50 points), services (40 points), and guarantees (10 points).

✓Price is evaluated on the total annual premiums including taxes, fees and discounts, using the formula P1/P2 × 50, where P1 is the lowest price; discounts are considered only if firm (not linked to company results).

✓Services are subdivided into: (2.1) existence and qualities of a dedicated “délégué unique” for portfolio and claims management (15 points, best offer 15, second 10, others 5, none 0); (2.2) provision of an interactive claims/contract management software accessible securely from authorised PCs inside and outside the administration and with specified features and implementation delay (10 points, best 10, second 5, others 3, no software 0); (2.3) risk prevention services (5 points) such as studies to reduce risks, absenteeism reduction, systematic control after work accidents and data for annual safety reports (best 5, second 3, others 1, none 0); (2.4) 24/7 assistance call-centre with immediate dispatch of delegate/expert in serious claims (5 points, best 5, second 3, others 1, none 0); (2.5) free training services on insurance across branches for the client’s staff (5 points, best 5, second 3, others 0).

✓Guarantees (10 points) reward improvements beyond the requirements, such as reduced deductibles, higher coverage limits, additional coverages, advantageous treatment of depreciation; merely complying with the baseline technical clauses yields no points.

✓Negotiations on minimum requirements and award criteria (type and weighting) are explicitly excluded in the open procedure.

✓Risks and special conditions are outlined in several clauses.

✓As such, no performance bond (cautionnement) is required; co-insurance is allowed (without solidarity) if the bidder needs capacity from other insurers, following the law on insurance contracts; subcontracting is permitted but must be declared in the offer with indication of subcontractors, and the main contractor remains fully liable, while subcontractors may be required to meet minimum qualitative and professional criteria for their portion.

✓The offer must remain valid for 120 calendar days from the opening date (a derogation from AR 18 April 2017); there is no public opening session.

✓Questions about the tender must be sent by email to the contacts specified in the cahier des charges no later than eight calendar days before the offer submission deadline; beyond this, the contracting authority does not guarantee timely replies.

✓Site visits are not mandatory but can be arranged on appointment at the contracting authority’s headquarters.

✓Price revision is tightly framed: premiums remain unchanged during each contract period, except for variations due to legal indexation of premiums/capitals/franchises, mandatory legal taxes/impositions, or changes in staff salaries/social charges when premiums are salary-based.

✓The adjudicator must put in place a claims declaration procedure within 15 days of award notification, send coverage notes immediately, and issue tailor-made contracts within three months.

✓Payment of premiums must occur within 30 days after the end of the verification period (30 days for checking policies), with invoices made per insurance policy.

✓The adjudicataire must itself carry insurance for work accidents and civil liability towards third parties for its own execution of the contract and provide proof within 15 days on request.

✓Confidentiality obligations apply to all parties for any information designated confidential, while the contractor is allowed to reference the contract as a public procurement reference in other tenders.

✓Jurisdiction for disputes lies exclusively with the courts of the judicial district of the contracting authority’s seat.

✓On contradictions or corrections, the text stresses hierarchy and prevalence of the cahier des charges.

✓As such, any general, special or particular conditions of the insurer that conflict with or derogate from the essential specifications of the cahier des charges are waived by the bidder upon submitting the offer, except where those conditions are more favourable to the contracting authority.

✓Offers that introduce reservations about the precedence of the cahier des charges over the insurer’s conditions, or that set their own conflicting conditions, may be deemed substantively irregular and rejected.

✓The contractual hierarchy is: technical clauses of the cahier des charges, the awarded offer, and pre-award clarifications.

✓Variants and free options are banned unless expressly allowed in the technical clauses; where variants/options are allowed, they must clearly state how they differ from the base specifications.

⚠There is also an internal clarification that although the section I.10 refers to assessing “regularity matérielle … à l’égard de l’offre finale et éventuellement révisée lors des négociations”, another clause (I.13) confirms that in the open procedure there are no negotiations and award criteria cannot be negotiated; thus, in case of apparent contradiction, the explicit statement “il n’y a pas de négociation en procédure ouverte” applies.

✓The contracting authority reserves the right not to award the contract at all, and each operator (including members of a non-personality association or insurer grouping) may submit only one offer.