Services - 335369-2017

26/08/2017    S163    European Court of Auditors - Services - Contract award notice - Open procedure 

Luxembourg-Luxembourg: Provision of external expertise in the field of banking resolution

2017/S 163-335369

Contract award notice

Results of the procurement procedure

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
European Court of Auditors
Luxembourg
1615
Luxembourg
Contact person: Claudia Lange-Tramoni
Telephone: +352 4398-45942
E-mail: eca-procurement.service@eca.europa.eu
NUTS code: LU

Internet address(es):

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

I.2)Information about joint procurement
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:

Provision of external expertise in the field of banking resolution.

Reference number: AO 564.
II.1.2)Main CPV code
79410000
II.1.3)Type of contract
Services
II.1.4)Short description:

The purpose of this call for tenders is to conclude a competitive multiple framework contract (hereinafter referred to as ‘the FWC’) with 5 contractors for the following services:

I. to assist and provide expert advice to the Court in the context of its mandate to conduct an annual performance audit of bank resolutions managed by the Single Resolution Board (‘the Board’) within the regulatory framework of the Banking Union, including assistance with the Court's examination whether the European Commission's assessment of aid from the Single Resolution Fund (‘the Fund’) was efficient and rigorous;

II. to assist the Court in a special performance audit of the single resolution mechanism (‘the SRM’).

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 1 000 000.00 EUR
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
NUTS code: LU
Main site or place of performance:

12, rue Alcide de Gasperi, L-1615 Luxembourg, LUXEMBOURG.

II.2.4)Description of the procurement:

The purpose of this call for tenders is to conclude a competitive multiple framework contract (hereinafter referred to as ‘the FWC’) with 5 contractors for the following services:

I. to assist and provide expert advice to the Court in the context of its mandate to conduct an annual performance audit of bank resolutions managed by the Single Resolution Board (‘the Board’) within the regulatory framework of the Banking Union, including assistance with the Court's examination whether the European Commission's assessment of aid from the Single Resolution Fund (‘the Fund’) was efficient and rigorous. In this context, the contractor may be asked to provide the following advisory services in connection with bank resolutions managed by the Board in participating Member States:

— assessment of compliance with the conditions and objectives of resolution,

— assessment whether a bank can be wound up under normal insolvency proceedings,

— assessment of banks' legal and operational structure, critical functions and core business lines and how they could be separated,

— assessment of banks' short- and long-term viability, performance and sustainability,

— assessment of economic and financial valuations of bank assets and liabilities and off-balance sheet positions,

— assessment of banks' capital and funding structures,

— evaluation of the risks to which banks are exposed,

— examination of the Board's assessment of resolvability, including impediments to resolvability,

— assessment of the minimum requirement for own funds and eligible liabilities,

— assessment of resolution plans, resolution schemes, tools and measures,

— assessment of the choice of resolution tools in the context of minimising the use of the Fund,

— assessment of terms for converting or transferring capital instruments in a resolution situation (e.g. debt/equity swap, write-down of liabilities, bail-in of creditors),

— examination of the compatibility, rigour and efficiency of the European Commission's Fund aid assessments,

— assessment of the ‘no creditor worse off’ principle (no creditor should be worse off in resolution than under normal insolvency proceedings),

— assessment of compliance of the Board's resolution actions with the Single Rulebook;

II. to assist the Court with specific issues arising in connection with a special performance audit of the single resolution mechanism.

The above list of tasks is not exhaustive. It may be necessary to address other issues, either at the expert advisors' initiative (with Court approval) or at the Court's request. Similarly, depending on the circumstances, some tasks may not be necessary.

As the contract terms, quantities and delivery times cannot be indicated precisely in advance, the Court intends to conclude a competitive multiple FWC which will establish the basic terms for a series of specific contracts (in the form of purchase orders also called ‘specific contracts’) to be issued over its duration. The FWC will not give rise to any direct obligation on the part of the Court; it is only its implementation through specific contracts that will be binding on the Court.

The FWC will be concluded in the form of separate but identical contracts with 5 economic operators, insofar as a sufficient number of economic operators can satisfy the exclusion and selection criteria and submit admissible tenders which meet the award criteria.

The purpose of the FWC is to establish the terms governing the specific contracts which may be awarded during the period of its validity. The specific contracts may further specify the terms of the FWC or modify them insubstantially.

II.2.5)Award criteria
Quality criterion - Name: Quality criterion as described in the tender publication / Weighting: 70
Price - Weighting: 30
II.2.11)Information about options
Options: no
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 EU.
II.2.14)Additional information

The procurement involves the establishment of a framework agreement with reopening of competition.

Framework agreement with several operators.

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Open procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
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
Notice number in the OJ S: 2017/S 049-089154
IV.2.8)Information about termination of dynamic purchasing system
IV.2.9)Information about termination of call for competition in the form of a prior information notice

Section V: Award of contract

Contract No: AQC 564
Title:

Provision of external expertise in the field of banking resolution

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
21/07/2017
V.2.2)Information about tenders
Number of tenders received: 4
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor
Oliver Wyman SPRL/BVBA
0645.633.285
Herrmann-Debrouxlaan 2
Bruxelles
1160
Belgium
Telephone: +39 02-305771
E-mail: Federico.arcelli@oliverwyman.com
NUTS code: BE
The contractor is an SME: no
V.2.4)Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: 1 000 000.00 EUR
Total value of the contract/lot: 1 000 000.00 EUR
V.2.5)Information about subcontracting

Section V: Award of contract

Contract No: AQC 564
Title:

Provision of external expertise in the field of banking resolution

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
21/07/2017
V.2.2)Information about tenders
Number of tenders received: 4
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor
BlackRock Investment Management (UK) Limited
2020394
12 Throgmorton Avenue
London
EC2N 2DL
United Kingdom
Telephone: +44 20-77433799
E-mail: Jerome.finkel@blackrock.com
NUTS code: UK
The contractor is an SME: no
V.2.4)Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: 1 000 000.00 EUR
Total value of the contract/lot: 1 000 000.00 EUR
V.2.5)Information about subcontracting

Section V: Award of contract

Contract No: AQC 564
Title:

Provision of external expertise in the field of banking resolution

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
21/07/2017
V.2.2)Information about tenders
Number of tenders received: 4
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor
SESCH GmbH Wirtschaftsprüfungsgesellschaft
HRB 95061
Westendstr. 19
Frankfurt am Main
60325
Germany
Telephone: +49 151-56142001
E-mail: mail@sesch.eu
NUTS code: DE
The contractor is an SME: no
V.2.4)Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: 1 000 000.00 EUR
Total value of the contract/lot: 1 000 000.00 EUR
V.2.5)Information about subcontracting

Section V: Award of contract

Contract No: AQC 564
Title:

Provision of external expertise in the field of banking resolution

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
21/07/2017
V.2.2)Information about tenders
Number of tenders received: 4
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor
KPMG Luxembourg
B149133
39, avenue John F. Kennedy
Luxembourg
1855
Luxembourg
Telephone: +352 22-51516819
E-mail: sven.muehlenbrock@kpmg.lu
NUTS code: LU
The contractor is an SME: no
V.2.4)Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: 1 000 000.00 EUR
Total value of the contract/lot: 1 000 000.00 EUR
V.2.5)Information about subcontracting
The contract is likely to be subcontracted
Short description of the part of the contract to be subcontracted:

Subcontractors: 1) KPMG Advisory GmbH, AT; 2) KPMG AG, DE; 3) KPMG Advisory S.p.A, IT; 4) KPMG Asesores S.L., ES; 5) KPMG LLP, GB.

Section VI: Complementary information

VI.3)Additional information:

The maximum amount covering all purchases and travel expenses under this FWC is 1 000 000 EUR. However, this does not bind the Court to purchase for the maximum amount (including the price (fee per hour) for the consultants and the sums reimbursed to the contractor for the travel expenses).

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 4303-1

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 plaintiff being notified or, failing this, of the day 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
1615
Luxembourg
Telephone: +352 4398-45942
E-mail: eca-procurement.service@eca.europa.eu

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

VI.5)Date of dispatch of this notice:
16/08/2017