Services - 64309-2018

13/02/2018    S30    European Commission - Services - Contract award notice - Open procedure 

Belgium-Brussels: Auctioning of emission allowances and carbon market oversight

2018/S 030-064309

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 Commission, Directorate-General for Climate Action
CLIMA.A.4 – Financial Resources & Planning BU-24 00/061
Brussels
1049
Belgium
E-mail: clima-tenders@ec.europa.eu
NUTS code: BE

Internet address(es):

Main address: http://ec.europa.eu/clima/tenders/index_en.htm

I.2)Information about joint procurement
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:

Auctioning of emission allowances and carbon market oversight

Reference number: CLIMA.B.1/FRA/2017/0009
II.1.2)Main CPV code
79000000
II.1.3)Type of contract
Services
II.1.4)Short description:

The contractors under 3 different lots will provide legal, economic, financial, as well as accounting and auditing expertise to assist the Commission in its activity related to ensuring the integrity and reliability of the auctioning of emission allowances under the EU ETS and of the carbon market through the development of the relevant legislation, its implementation and monitoring, public procurement procedures and contractual arrangements as well as ensuring the timely and effective management of problems, incidents and crisis situations.

Please note that the prior information about this tender was published in OJ 2016/S 103-183492 of 31.5.2016 with the title «Assisting the Commission in the implementation of the Commission Regulation (EU) Nº 1031/2010 ('Auctioning Regulation') and of the market oversight framework under the EU emission trading system».

II.1.6)Information about lots
This contract is divided into lots: yes
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 10 000 000.00 EUR
II.2)Description
II.2.1)Title:

Legal assistance

Lot No: 1
II.2.2)Additional CPV code(s)
79418000
79410000
79000000
79111000
90700000
II.2.3)Place of performance
NUTS code: 00
Main site or place of performance:

Extra muros.

II.2.4)Description of the procurement:

The framework contract for lot 1 will run for an initial period of 24 months and shall be renewed automatically 2 times (with a maximum total duration of 72 months). The contractor(s) of the framework contract under this lot 1 might be required to provide the following services:

1) Legal assistance for development, implementation, monitoring and review of the legislation applicable to the primary and secondary market in allowances under the EU emission trading system.

2) Legal assistance for contract management

3) Legal assistance for the joint procurement of the common auction platform or of the auction monitor

4) Legal assistance for the management of the Joint Procurement Agreements

5) Coordination and handover tasks

For further detail, please refer to Procurement Documents (see section 2.3 of the tender specifications).

II.2.5)Award criteria
Quality criterion - Name: Organisation of the work / Weighting: 30
Quality criterion - Name: Illustrative tasks / Weighting: 70
Price - Weighting: 50/50
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: no
II.2.14)Additional information
II.2)Description
II.2.1)Title:

Economic and financial market analysis

Lot No: 2
II.2.2)Additional CPV code(s)
66170000
66150000
66152000
79300000
79311400
79311410
66171000
79000000
90700000
II.2.3)Place of performance
NUTS code: 00
Main site or place of performance:

Extra muros.

II.2.4)Description of the procurement:

The framework contract for Lot 2 will run for an initial period of 24 months and shall be renewed automatically 2 times (with a maximum total duration of 72 months). The contractor(s) of the framework contract under this Lot 2 might be required to provide the following services:

1) Economic and financial analysis of the functioning of the carbon markets

2) Economic and financial advice for the development, implementation, monitoring and review of the legislation applicable to the primary and secondary market in allowances under the EU emissions trading system

3) Economic and financial advice for contracts' management

4) Economic and financial advice and support for the procurement of the common auction platform or of the auction monitor

5) Economic and financial advice for the management of the Joint Procurement Agreements

6) Coordination and handover tasks

For further detail, please refer to Procurement Documents (see section 2.3 of the tender specifications).

II.2.5)Award criteria
Quality criterion - Name: Organisation of the work / Weighting: 30
Quality criterion - Name: Illustrative tasks / Weighting: 70
Price - Weighting: 50/50
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: no
II.2.14)Additional information
II.2)Description
II.2.1)Title:

Accounting and auditing services

Lot No: 3
II.2.2)Additional CPV code(s)
79212000
79212100
79212300
79212400
79200000
79210000
79000000
90700000
II.2.3)Place of performance
NUTS code: 00
Main site or place of performance:

Extra Muros.

II.2.4)Description of the procurement:

The framework contract for lot 3 will run for an initial period of 24 months and shall be renewed automatically 2 times (with a maximum total duration of 72 months). The contractor(s) of the framework contract under this lot 3 might be required to provide the following services:

1) Accounting and auditing services for the implementation of the Auctioning Regulation, including compliance audit of the implementation of the Auctioning Regulation by the auction platforms;

2) Accounting and auditing services for the development, implementation, monitoring and review of the EU financial market legislation applicable to the primary and secondary market in allowances;

3) Accounting and auditing services for public procurement procedures for the nomination of the common auction platform and the auction monitor, including assistance in the determination of the financial requirements and of the cost structure as well as in the evaluation of the financial situation of candidates or tenderers.

4) Accounting and auditing assistance with regard to the contracts with the common auction platform and the auction monitor, including the operational audit on the performance of the services under these contracts and audit for the determination of the costs, variation of costs and the estimation of the related price revision under these contracts.

5) Handover tasks

For further detail, please refer to Procurement Documents (see section 2.3 of the tender specifications).

II.2.5)Award criteria
Quality criterion - Name: Overall management of the framework contract / Weighting: 30
Quality criterion - Name: Illustrative tasks / Weighting: 70
Price - Weighting: 50/50
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: no
II.2.14)Additional information

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 102-203754
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

Lot No: 1
Title:

Legal assistance

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
21/01/2018
V.2.2)Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor
DLA Piper UK LLP
avenue Louise 106
Brussels
1050
Belgium
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: 6 000 000.00 EUR
Total value of the contract/lot: 6 000 000.00 EUR
V.2.5)Information about subcontracting

Section V: Award of contract

Contract No: 2
Lot No: 2
Title:

Economic and financial market analysis

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
24/01/2018
V.2.2)Information about tenders
Number of tenders received: 2
The contract has been awarded to a group of economic operators: yes
V.2.3)Name and address of the contractor
European Economic Research Limited (Europe Economics)
Chancery House, 53-64 Chancery Lane
London
WC2A 1QU
United Kingdom
NUTS code: UK
The contractor is an SME: no
V.2.3)Name and address of the contractor
LSE Enterprise Ltd
55-56 Lincoln's Inn Fields
London
WC2A 3LJ
United Kingdom
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: 2 500 000.00 EUR
Total value of the contract/lot: 2 500 000.00 EUR
V.2.5)Information about subcontracting
The contract is likely to be subcontracted

Section V: Award of contract

Contract No: 3
Lot No: 3
Title:

Accounting and auditing services

A contract/lot is awarded: no
V.1)Information on non-award
The contract/lot is not awarded
No tenders or requests to participate were received or all were rejected

Section VI: Complementary information

VI.3)Additional information:

In line with Article 134.1.e) of the Rules of Application to the Financial Regulation Nº 2015/1929 of 30.10.2015, during the 3 years following conclusion of the original contract, the contracting authority will be able to use the negotiated procedure for additional services (without prior publication of a contract notice) for new services or works consisting in the repetition of similar services or works entrusted to the economic operator to which the same contracting authority awarded an original contract, provided that these services or works are in conformity with a basic project for which the original contract was awarded after publication of a contract notice, subject to the conditions set out in paragraph 4 of Article 134.

Tender documents will be available for download at the address indicated under Heading I.3. The website will be updated regularly and it is the tenderers' responsibility to check for updates and modifications during the tendering period.

VI.4)Procedures for review
VI.4.1)Review body
General Court
rue du Fort Niedergrünewald
Luxembourg
2925
Luxembourg
Telephone: +352 4303-1
Fax: +352 4303100

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:

You may submit any observations concerning the award procedure to the contracting authority indicated under Heading I.1.

If you believe that there was maladministration, you may lodge a complaint to the European Ombudsman within 2 years of the date when you became aware of the facts on which the complaint is based (see http:// www.ombudsman.europa.eu). Such complaint does not have as an effect either to suspend the time-limit to launch an appeal or to open a new period for lodging an appeal.

Within two months of the notification of the award decision you may lodge an appeal to the body referred to in VI.4.1.

VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
01/02/2018