Services - 1558-2017

04/01/2017    S2    Court of Justice of the European Union - Services - Contract notice - Restricted procedure 

Luxembourg-Luxembourg: Conclusion of framework contracts for the translation of legal texts from certain official languages of the European Union into Croatian

2017/S 002-001558

Contract notice

Services

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Court of Justice of the European Union
plateau de Kirchberg (TB/15, bureau 25)
Luxembourg
2925
Luxembourg
E-mail: natjecajfreelance2017@curia.europa.eu
NUTS code: LU000

Internet address(es):

Main address: www.curia.europa.eu

I.2)Joint procurement
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: http://curia.europa.eu/jcms/jcms/Jo2_10741/hr/
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted to the abovementioned address
I.4)Type of the contracting authority
European institution/agency or international organisation
I.5)Main activity
General public services

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Conclusion of framework contracts for the translation of legal texts from certain official languages of the European Union into Croatian.

II.1.2)Main CPV code
79530000
II.1.3)Type of contract
Services
II.1.4)Short description:

The contract covers 6 lots (see section II.2). The lots are permanent, so that new requests may be accepted at any time during the performance of the contract. Framework contracts will be awarded by lot. The contracts will be for a term of 1 year, renewable by tacit agreement for up to 3 further periods of 1 year. The maximum number of framework contracts to be concluded is specified for each lot. A classification list of contractors will be drawn up on the basis of the award criteria. That list will determine the initial order in which, in the light of their output capacity and possible field of specialisation, contractors will be contacted in order to be offered specific work. The classification will be periodically reviewed so that it reflects the actual quality of the services provided. The classification may also be altered following the conclusion of new framework contracts or the termination of existing framework contracts.

II.1.5)Estimated total value
Value excluding VAT: 6 000 000.00 EUR
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for all lots
II.2)Description
II.2.1)Title:

FR

Lot No: 1
II.2.2)Additional CPV code(s)
79530000
II.2.3)Place of performance
NUTS code: LU000
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from French into Croatian. The maximum number of framework contracts concluded for this lot will be 50. The call for requests to participate is permanent.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 50
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

The average price paid in 2015 for this lot was 20,58 EUR (total price per standard page of 1 500 characters, not including spaces, in the source language and covering all costs). The Court reserves the right to reject any tenders deemed to be excessively expensive.

II.2)Description
II.2.1)Title:

EN

Lot No: 2
II.2.2)Additional CPV code(s)
79530000
II.2.3)Place of performance
NUTS code: LU000
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from English into Croatian. The maximum number of framework contracts concluded for this lot will be 50. The call for requests to participate is permanent.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 50
Objective criteria for choosing the limited number of candidates:

in accordance with Article 104(3) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25.10.2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002, as last amended by Regulation (EU, Euratom) 2015/1929 of the European Parliament and of the Council of 28.10.2015, the contracting authority may limit the number of candidates to be invited to participate in the procedure on the basis of objective selection criteria.

The contracting authority reserves the right to apply this option to the EN lot, where the following additional objective criterion shall apply in order to limit the number of candidates to be invited to submit tenders:

experience (professional) in the translation and/or revision of legal texts for the EN-HR language combination. In order to enable this criterion to be applied, all candidates must, when submitting a request to participate, enclose a list of basic services provided in the last two years, indicating clients, the nature and scope of the work — number of pages (1 500 characters, not including spaces, in the source language), values and deadlines for the provision of services.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

The average price paid in 2015 for this lot was 10,60 EUR (total price per standard page of 1 500 characters, not including spaces, in the source language and covering all costs). The Court reserves the right to reject any tenders deemed to be excessively expensive.

II.2)Description
II.2.1)Title:

DE

Lot No: 3
II.2.2)Additional CPV code(s)
79530000
II.2.3)Place of performance
NUTS code: LU000
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from German into Croatian. The maximum number of framework contracts concluded for this lot will be 50. The call for requests to participate is permanent.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 50
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

The average price paid in 2015 for this lot was 15,62 EUR (total price per standard page of 1 500 characters, not including spaces, in the source language and covering all costs). The Court reserves the right to reject any tenders deemed to be excessively expensive.

II.2)Description
II.2.1)Title:

IT

Lot No: 4
II.2.2)Additional CPV code(s)
79530000
II.2.3)Place of performance
NUTS code: LU000
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from Italian into Croatian. The maximum number of framework contracts concluded for this lot will be 50. The call for requests to participate is permanent.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 50
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

The average price paid in 2015 for this lot was 20,36 EUR (total price per standard page of 1 500 characters, not including spaces, in the source language and covering all costs). The Court reserves the right to reject any tenders deemed to be excessively expensive.

II.2)Description
II.2.1)Title:

ES

Lot No: 5
II.2.2)Additional CPV code(s)
79530000
II.2.3)Place of performance
NUTS code: LU000
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from Spanish into Croatian. The maximum number of framework contracts concluded for this lot will be 50. The call for requests to participate is permanent.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 50
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

The average price paid in 2015 for this lot was 20,95 EUR (total price per standard page of 1 500 characters, not including spaces, in the source language and covering all costs). The Court reserves the right to reject any tenders deemed to be excessively expensive.

II.2)Description
II.2.1)Title:

PL

Lot No: 6
II.2.2)Additional CPV code(s)
79530000
II.2.3)Place of performance
NUTS code: LU000
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from Polish into Croatian. The maximum number of framework contracts concluded for this lot will be 50. The call for requests to participate is permanent.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 50
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

The Court reserves the right to reject any tenders deemed to be excessively expensive.

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:

participation in this call for tenders shall be open on equal terms to all natural and legal persons falling within the scope of the European Union treaties and to all natural and legal persons established in a third country that has a special agreement with the European Union in the field of public procurement under the conditions laid down in that agreement. Candidates must indicate the State in which they are established and submit the required evidence of that matter according to the law of that State.

Candidates must therefore sign the declaration on their honour (available at the Internet address set out in point I.3) concerning the exclusion and selection criteria, stating that they are not in any of the situations described in Article 106 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council.

In the case of candidates other than natural persons, the exclusion criteria shall apply both to the candidate and to each of the service providers working for the candidate.

The following information must also be provided:

* in the case of candidates other than natural persons:

— indication and evidence of the place of establishment,

— indication and evidence of legal status, e.g. entry in the commercial register, entry in the VAT register, copies of the instruments of incorporation or constitution, in accordance with the provisions of the State in which the candidate is established,

— the identity of the persons having powers of representation, decision making or control over them.

* In the case of candidates who are natural persons:

— declaration of self-employed status and/or part-time work in the context of providing the services covered by the contract,

— declaration relating to liability to VAT.

Requests to participate must be written in such a way as to enable their evaluation to be complete, accurate and as rapid as possible, permitting the selection of candidates who will be invited to tender. Candidates who have not provided enough information, by filling out the mandatory registration form (available at the Internet address specified in point I.3) and attaching the documents and evidence indicated, may have their request to participate rejected.

The number of copies of the request must correspond to the number of lots to which it relates, and the information necessary for the evaluation of the candidate's capacities must be provided in relation to each lot.

Candidates whose framework contract for the same lot has been terminated by the Court for lack of quality may also be excluded from participating in the contract for the lot concerned.

III.1.2)Economic and financial standing
List and brief description of selection criteria:

the candidate must possess the necessary economic and financial standing to perform the contract.

Minimum level(s) of standards possibly required:

legal persons are required to provide sufficient information to enable the Court of Justice to assess their financial situation and, more specifically, evidence that they possess the resources and financial means to ensure the continued and satisfactory performance of the contract for its entire duration. Accordingly, candidates which are legal persons (in the case of requests for joint participation, the overall standing of all the members of the consortium) must submit the following evidence:

— a copy of the balance sheets or extracts from the balance sheets and profit and loss accounts for the last 3 financial years, together with any copies of the reports of the board of directors and external auditors, if available, relating to those financial years.

If, for any exceptional reason deemed justifiable by the contracting authority, the economic operator is unable to provide 1 or more of the documents referred to above, he or she may provide evidence of his or her economic and financial standing by means of any other document which the contracting authority deems appropriate. In all cases, the contracting authority must at least be informed of the exceptional reason and the justification therefor in the request to participate. The contracting authority reserves the right to request any additional document required by it to assess the economic and financial standing of the candidate.

III.1.3)Technical and professional ability
List and brief description of selection criteria:

a candidate who is a natural person and each natural person engaged in the provision of the relevant services must possess the following minimum level of technical and professional ability:

— full legal education (Master's degree in law or Bachelor's degree in law) in Croatian law obtained through university studies (5 years under the new system or 4 years under the previous system) or

have passed a judicial service examination in the Republic of Croatia, if their legal education was completed at a university in another Member State of the European Union or

for the PL lot:

a university degree in languages

a university degree in a field other than languages

— for the PL lot:

candidates without a full legal education (Master's degree in law or Bachelor's degree in law) in Croatian law obtained through university studies (5 years under the new system or 4 years under the previous system) or who have not passed a judicial service examination in the Republic of Croatia, if their legal education was completed at a university in another Member State of the European Union, must have one year's experience in the translation and/or revision of legal texts in the case of persons with a university degree in a field other than law

— perfect command of Croatian

— excellent knowledge of the source language (see the list of lots)

Information and formalities necessary for evaluating if the requirements are met:

— a copy of the university degree evidencing the required legal education,

— a copy of a university degree,

— information on how a perfect command of Croatian was acquired,

— a copy of a diploma or any other appropriate evidence confirming excellent command of the source language for a relevant lot,

— if appropriate, a copy of a document confirming professional experience in the translation and/or revision of legal texts (e.g. copies of contracts, certificates, financial documents),

— detailed CV.

III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.1)Information about a particular profession
III.2.2)Contract performance conditions:

The quality of the services provided must be such as to enable the translated text to be used immediately, whether by publication or otherwise.

Contractors must therefore ensure:

— compliance with specific instructions given by the Court,

— correct, rigorous and precise use of the target language,

— rigorous use of the appropriate legal language and terminology of the target language,

— strict use of the legal terminology used in the reference documents (source and target languages),

— rigorous citation of the relevant legislative and/or judicial texts,

— use of the necessary legal databases (of the European Union and national),

— compliance with the "Vade Mecum" of the Court (if appropriate),

— delivery within the period agreed and specified in the order form.

III.2.3)Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Restricted procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with several operators
Envisaged maximum number of participants to the framework agreement: 300
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 13/02/2017
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
Croatian
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
IV.2.7)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: yes
Estimated timing for further notices to be published:

The public procurement procedure is permanent. A new call for tenders is expected to be published, at the latest, within 42 months of the entry into force of the first framework contracts.

VI.2)Information about electronic workflows
Electronic invoicing will be accepted
VI.3)Additional information:

Signed requests to participate are to be sent by e-mail (registration form signed, scanned and attached to the e-mail) or by letter (registration form signed). Links to online storage spaces shall not be accepted.

On the basis of the evaluation of their capacities, the selected candidates will be invited to submit a tender (a minimum of 5 candidates per lot, provided that a sufficient number of candidates satisfy the selection criteria).

As the procurement procedure for each lot is permanent, an evaluation will be made at regular intervals during the performance of the overall contract of new requests received after the time limit for receipt, provided that the maximum number of contractors for the relevant lot has not been reached. Participation in this procurement procedure is free and, as a consequence, does not confer on candidates/tenderers any right to require any financial compensation in respect of the costs incurred.

The invitation to tender will be sent to the selected candidates via e-mail, which, for administrative purposes, is written in English or French.

The texts to be translated cover a range of legal subjects corresponding to the cases brought before the Court. Both the length of the texts and the degree of urgency with which their translation is requested are variable. Examples of the texts to be translated may be consulted on the Court's website http://www.curia.europa.eu

Contractors may be asked to work on texts which have been first processed using computer assisted translation tools. Successful tenderers will be asked to state whether they are prepared to familiarise themselves with such tools if it is necessary for any specific assignment. If they are not prepared to do so, they waive the right to receive any assignment for which such familiarity is required, irrespective of their classification on the list of contractors.

Any passages which have been pre-translated either in part or in full and provided to the contractor, either in the file to be translated or separately, may be deducted from the page count in accordance with the detailed rules indicated in the framework contract.

VI.4)Procedures for review
VI.4.1)Review body
General Court of the European Union
rue du Fort Niedergrünewald
Luxembourg
2925
Luxembourg
Telephone: +352 43031
E-mail: generalcourt.registry@curia.europa.eu
Fax: +352 43032100

Internet address:http://curia.europa.eu

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

within two months of publication of the measure, of its notification to the plaintiff or, in the absence thereof, of the day on which it came to the knowledge of the latter, in accordance with Article 263 TFEU.

VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
16/12/2016