WRITTEN QUESTION P-3365/02 by Brian Crowley (UEN) to the Commission. AFCon Management Consultants, Ireland, and denial of Services Contract TACIS FDRUS 9902.
Date: 2002-11-20
Institutions: European Parliament, Provisional data
Subjects: European Commission, agricultural advisory services, award of contract, civil liability proceedings, contract, invitation to tender, services contract

C 33 E/20

Official Journal of the European Union

EN

6.2.2004

The programme for ‘Capacity building and institutional development for the South African police service
and the department of safety and security’ aims at strengthening human resources capacity in order to
enable the police service to implement crime prevention programmes, establish a DNA criminal database,
draft a KwaZulu-Natal safety master plan and improve its human resources and management capacities.
The programme was slow in starting up, but
the
commitment of EUR 18,5 million has been disbursed.

is now on track; approximately one quarter of

In addition, the Commission is funding a comprehensive programme for support to the ministry of Justice
that aims at ensuring better access and a more effective justice system for all South Africans.

level

local

Concerning the new 2002-2006 multi-annual programme (MIP), the focal area ‘Deepening Democracy’
focuses much more than before on the fight against crime. The new MIP reads: ‘The European Programme
for Reconstruction and Development will contribute to the strengthening of social capital and democratic
through crime prevention (cid:1) especially regarding violence against and among
values at
vulnerable groups (cid:1) and the promotion of community participation and accountability of the Criminal
Justice System.’ Among the programmes that could be implemented in this focal area it mentions: ‘Based
on lessons learned, a programme to support policing in the Eastern Cape. This will focus on crime
in particular, violence against women and children. Service delivery, community
prevention and,
Justice System will be supported.’ The possibility of
participation and accountability of the Criminal
replicating parts of this programme in the KwaZulu-Natal province remains an option.

(2004/C 33 E/019)

WRITTEN QUESTION P-3365/02

by Brian Crowley (UEN) to the Commission

(20 November 2002)

Subject: AFCon Management Consultants, Ireland, and denial of Services Contract TACIS FDRUS 9902

What is the Commission’s view on the case being pursued by AFCon Management Consultants, Ireland, for
redress with regard to the improper denial to it by the Commission of the Services Contract TACIS FDRUS
9902?

Why has the Commission refused to consider AFCon’s proper entitlement to the contract award due to it
being in no worse than second position after the mis-award of technical marks to the ‘winning’ tenderer;
the basis on which the Commission continues to disregard the finding on the matter which is in AFCon’s
favour and what are the Commission’s views on the poor implementation of the project?

Will the Commission seek an early and amicable settlement of the case brought by AFCon and will the
Commission make a general statement on the matter?

Answer given by Mr Patten on behalf of the Commission

(23 December 2002)

the
With regard to the Tender FDRUS 9902 (cid:1) Agricultural Extension Services in South Russia,
Commission does not share AFCon’s view that it has been improperly denied the award of the contract.
Furthermore, the tender provisions do not foresee the possibility of compensation for tenderers who have
not been awarded the contract. Therefore the Commission does not accept any claim for compensation.

Tender FDRUS 9902 was launched at the time when the Commission did not apply any specific rules in
the standard tender dossier to prohibit the inclusion of fees under reimbursable expenses. Indeed, the
tender dossier FDRUS 9902 was not specific in this regard and therefore open to different interpretations.
The winning tenderer and AFCon adopted two different approaches for the presentation of their offers,
both of which were acceptable according to tendering rules valid at the time of tender.

6.2.2004

EN

Official Journal of the European Union

C 33 E/21

The contract was awarded to the economically most advantageous offer, which was defined as the tender
that presented the best ratio of quality to price (i.e. mix of technical and financial elements (cid:1) respectively
with a weight of 70 % and 30 %). The financial evaluation was carried out on the basis of the total prices
of the offers including Fees, Per Diem, Direct Expenses and Reimbursable Expenses.

The winning tenderer was recommended as the best bidder and awarded the contract as per TACIS tender
rules.

AFCon has employed the O’Connor and Company Law Firm to assist them in a claim for compensation.
At Mr O’Connor’s request, a meeting took place on 4 September 2002 between Mr O’Connor and the
Commission to allow both AFCon’s lawyer and the Commission to exchange views about AFCon claims.

As far as the implementation of the project is concerned, the Commission is aware of difficulties arising
from a lack of co-operation from the local partner and the local government. As a result, there has been a
distinct lack of progress in project implementation. The Commission, therefore, has undertaken the
necessary measures to modify the project activities in order to reach the remaining objectives and to
ensure its sustainability.

(2004/C 33 E/020)

WRITTEN QUESTION E-3406/02

by Marco Cappato (NI)
and Benedetto Della Vedova (NI) to the Commission

(29 November 2002)

Subject: Case of the Sudanese citizen Dimiana Murad Nashid

On 4 November 2002, the Sudanese daily newspaper ‘Al-Watan’ reported that a Coptic Christian student
had been abducted in the north of Sudan and forced against her will to convert to Islam and to enter into
a forced marriage.

Dimiana Murad Nashid, who was in her first year of studies at Al-Neelain University in Omdurman,
disappeared at the end of October. Dimiana’s friends and colleagues informed her family that a Muslim
man called Ehab had abducted her from the university.

Dimiana’s father, who presented the case to Freedom House’s Center for Religious Freedom said that he
had been summoned by the court in Kalakla (a small town near Khartoum) to attend his daughter’s
wedding. Also present in court were a religious leader who presented a marriage certificate and claimed to
be the father of the bridegroom, and a lawyer, who submitted a document signed by Dimiana stating that
she had converted to Islam and wanted to marry Ehab.

After meeting with his daughter in the presence of her abductors, Dimiana’s father said that she appeared
to be drugged and that her eyes and lips were swollen. He also said that he was told that if he wanted his
daughter back he would have to convert to Islam.

Has the Commission formally asked the Sudanese Ambassador to clarify this situation? If not, why not? If
so, what answers was it given? What will the Commission do to prompt the Sudanese Government to put
an end to the constant threats to the freedom of non-Muslim men and women in that country?

What action will the Commission take to prevent the widespread violations of the 1927 International
Convention against Slavery, which the Khartoum regime sanctions and itself commits, and what kinds of
political and diplomatic pressure does it intend to exert in order to put an end to these violations of
international law?

Answer given by Mr Nielson on behalf of the Commission

(8 January 2003)

The Commission is not aware of
the events reported by the Honourable Members based on the
information from the Sudanese newspaper ‘Al-Watan’. The Commission will request a report from its
Delegation in Sudan and communicate directly with the Honourable Members.