Services - 185960-2018

28/04/2018    S83    European Court of Auditors - Services - Contract notice - Competitive procedure with negotiation 

Luxembourg-Luxembourg: Legal protection insurance for staff

2018/S 083-185960

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
European Court of Auditors
12, rue Alcide de Gasperi
Luxembourg
L-1615
Luxembourg
Contact person: ECA Procurement Service
Telephone: +352 4398-47611
E-mail: eca-procurement.service@eca.europa.eu
Fax: +352 4398-46667
NUTS code: LU

Internet address(es):

Main address: http://www.eca.europa.eu

I.2)Information about joint procurement
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=3475
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted to the following address:
European Court of Auditors
12, rue Alcide De Gasperi
Luxembourg
L-1615
Luxembourg
Contact person: Procurement Service
Telephone: +352 43981
E-mail: eca-procurement.service@eca.europa.eu
Fax: +352 4398-46946
NUTS code: LU

Internet address(es):

Main address: http://www.eca.europa.eu

I.4)Type of the contracting authority
European institution/agency or international organisation
I.5)Main activity
Economic and financial affairs

Section II: Object

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

Legal protection insurance for staff

Reference number: CPN 634
II.1.2)Main CPV code
66513100
II.1.3)Type of contract
Services
II.1.4)Short description:

The European Court of Auditors, whose registered office is in Luxembourg, wishes to select a legal protection insurer for its staff with the aim of guaranteeing its staff members the benefit of legal protection that they can claim in the context of certain disputes arising in the course of their duties, in particular with a view to representing them as claimants or defendants. The procedure consists of 2 stages:

— in the 1st stage any interested economic operator may apply to participate,

— in the 2nd stage the candidates invited to tender will be invited to submit a tender.

The contract is divided into 3 lots. The Court may award the contract either to one insurer for lot 1, to an insurer for lot 1 and to another insurer for lot 2, or to an insurer for lot 3. The same operator may submit a single tender (lot 1, lot 2 or lot 3) or for 2 lots (lot 1 and lot 2).

II.1.5)Estimated total value
Value excluding VAT: 400 000.00 EUR
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for maximum number of lots: 2
Maximum number of lots that may be awarded to one tenderer: 1
II.2)Description
II.2.1)Title:

Legal protection for staff for the representation as plaintiff

Lot No: 1
II.2.2)Additional CPV code(s)
66513100
II.2.3)Place of performance
NUTS code: LU
II.2.4)Description of the procurement:

The purpose of the legal expenses insurance contract forming the subject of lot 1 is to cover the costs of proceedings and to provide advisory services in the event of a dispute or litigation between the member of staff and a third party, in particular with a view to representing the member of staff in claiming certain rights in civil, criminal or administrative proceedings or obtaining amicable compensation for the damage suffered. The staff member who is the beneficiary of the legal protection insurance acts as the "victim" in the broader sense of the term.

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
Value excluding VAT: 200 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:

The initial duration of the contract is 12 months. Insofar as the insurer has committed in its tender to maintain its tariffs and guarantees over a period of 4 years, this initial period will be renewable automatically up to 3 times in the conditions provided for in the contract.

II.2.9)Information about the limits on the number of candidates to be invited
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: yes
Identification of the project: General budget of the European Union
II.2.14)Additional information
II.2)Description
II.2.1)Title:

Legal protection for staff for the representation as defendant

Lot No: 2
II.2.2)Additional CPV code(s)
66513100
II.2.3)Place of performance
NUTS code: LU
II.2.4)Description of the procurement:

The purpose of the legal protection insurance contract for lot 2 is to cover the costs of the proceedings or the provision of advisory services in the event of a dispute or litigation between the staff member and a third party, with a view, in particular, to defend the staff member in civil, criminal or administrative proceedings. The staff member who is the beneficiary of the legal protection insurance acts as the "accused" in the broader sense of the term.

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
Value excluding VAT: 200 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:

The initial duration of the contract is 12 months. Insofar as the insurer has committed in its tender to maintain its tariffs and guarantees over a period of 4 years, this initial period will be renewable automatically up to 3 times in the conditions provided for in the contract.

II.2.9)Information about the limits on the number of candidates to be invited
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: yes
Identification of the project: General budget of the European Union
II.2.14)Additional information
II.2)Description
II.2.1)Title:

Legal protection for staff for the representation as plaintiff or defendant

Lot No: 3
II.2.2)Additional CPV code(s)
66513100
II.2.3)Place of performance
NUTS code: LU
II.2.4)Description of the procurement:

The purpose of the legal protection insurance contract for lot 3 is to cover the costs of the proceedings or the provision of advisory services in the types of situations covered by lots 1 and 2, where the staff members benefitting from the legal protection act as victims or defendants.

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
Value excluding VAT: 400 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:

The initial duration of the contract is 12 months. Insofar as the insurer has committed in its tender to maintain its tariffs and guarantees over a period of 4 years, this initial period will be renewable automatically up to 3 times in the conditions provided for in the contract.

II.2.9)Information about the limits on the number of candidates to be invited
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: yes
Identification of the project: General budget of the European Union
II.2.14)Additional information

If an insurer is able to offer legal protection in all cases of disputes or litigation to all persons working at the Court, it is invited to bid for lot 3, exclusively.

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:

The candidate must produce with its request for participation, proof:

a) that it is authorised/approved to carry out the activity of legal protection insurer in a Member State, and the certificate/approval proving that it has been authorised/approved for the branch concerned;

b) in the case of candidates authorised or approved in a Member State other than Luxembourg, proof that it has the freedom to provide services or the freedom of establishment in the Grand Duchy of Luxembourg. If the candidate does not yet practice in the Grand Duchy of Luxembourg but plans to do so from the entry into force of the contract, a declaration of honour is sufficient at this stage of the procedure.

III.1.2)Economic and financial standing
III.1.3)Technical and professional ability
III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.1)Information about a particular profession
Execution of the service is reserved to a particular profession
Reference to the relevant law, regulation or administrative provision:

Legal protection Insurer.

III.2.2)Contract performance conditions:
III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Competitive procedure with negotiation
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.5)Information about negotiation
The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations
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: yes
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: 30/05/2018
Local time: 17:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 06/06/2018
IV.2.4)Languages in which tenders or requests to participate may be submitted:
Bulgarian, Czech, Danish, German, Greek, English, Spanish, Estonian, Finnish, French, Irish, Croatian, Hungarian, Italian, Lithuanian, Latvian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish
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:

4 years

VI.2)Information about electronic workflows
VI.3)Additional information:

Requests for additional information must be sent via the 'Create a question' link in the 'Questions and Answers' tab on the corresponding TED eTendering page (https://etendering.ted.europa.eu/cft/cft-display.html?cftId=3475). Where applicable, the additional information and the aforementioned information will be published on this site. Tenderers are advised to register in the eTendering application in order to receive notifications regarding the contract. No replies will be given to requests for additional information received less than 5 working days before the closing date for the presentation of requests for participation.

VI.4)Procedures for review
VI.4.1)Review body
General Court
Rue du Fort Niedergrünewald
Luxembourg
L-2925
Luxembourg
Telephone: +352 4303-1
Fax: +352 4303-2100

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

VI.4.2)Body responsible for mediation procedures
European Ombudsman
Strasbourg
67001
France
Telephone: +33 388172313

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

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

Within 2 months of the tenderer being notified of the award decision or, failing this, of the date on which it became known to them. A complaint made to the European Ombudsman neither suspends this period nor opens a new period for lodging appeals.

VI.4.4)Service from which information about the review procedure may be obtained
European Court of Auditors, Procurement Service
12, rue Alcide de Gasperi
Luxembourg
L-1615
Luxembourg
Telephone: +352 4398-47611
E-mail: eca-procurement.service@eca.europa.eu
Fax: +352 4398-46955

Internet address: http://www.eca.europa.eu

VI.5)Date of dispatch of this notice:
17/04/2018