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Luxembourg-Luxembourg: Legal protection insurance for staff
Section I: Contracting authority
Section II: Object
Legal protection insurance for staff
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).
Legal protection for staff for the representation as plaintiff
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.
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.
Legal protection for staff for the representation as defendant
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.
Legal protection for staff for the representation as plaintiff or defendant
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.
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
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.
Legal protection Insurer.
Section IV: Procedure
Section VI: Complementary 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.
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.