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Luxembourg-Luxembourg: Decennial and biennial liability insurance, and contractor's liability insurance
Section I: Contracting authority
Section II: Object
Decennial and biennial liability insurance, and contractor's liability insurance.
The European Parliament is intending to:
enter into a direct contract for supplementary decennial and biennial liability insurance cover, vis-à-vis the project manager and his representative, for the Wilfried Martens and House of European History buildings in Brussels in order to insure optimal acceptance of works and use under safe conditions — lot 1;
enter into a framework contract for supplementary decennial and biennial liability insurance cover, vis-à-vis the project manager and his representative, for the Training Centre (ex-Montoyer 63) and 'square de Meeûs' buildings in Brussels in order to insure optimal acceptance of works and use under safe conditions — lot 2;
enter into a direct contract for contractor's liability insurance cover as regards the project to restructure and modernise the Vaclav Havel Building in Strasbourg in order to insure optimal acceptance of works and use under safe conditions — lot 3.
Decennial and biennial liability insurance in Brussels — Wilfried Martens and House of European History buildings
Under this contract the aim is to insure, in accordance with Articles 1792 and 2270 of the Belgian Civil Code, architects, contractors and other persons associated with the project manager or his representative via a contract for hiring services in respect of their decennial liability for major works and biennial liability for minor works (inspected lots), in all matters not covered by the decennial contractor's liability insurance that contractors may have taken out.
Any contracts signed by contractors can be made available, on first request, during the site visit.
Under this contract, subcontractors of the constructors referred to above are specifically insured as regards damage of the same nature as that giving rise to liability stipulated by the aforementioned Belgian Civil Code articles.
Supplementary decennial and biennial liability insurance cover in Brussels — 'square de Meeûs' and Training Centre (ex-Montoyer 63) buildings
Contractor's liability insurance as regards cover for the project to restructure and modernise the Vaclav Havel Building in Strasbourg
Under this contract the aim is to cover, without seeking any liability, payment for all works to repair damage, both as regards causes and effects, even arising from a ground defect, of the same nature as those that come under the contractors' responsibility, pursuant to Article 1792-1 of the French Civil Code, manufacturers and similar parties as well as the technical inspector, under the terms of Article 1792 of the French Civil Code, i.e. damage that will:
— compromise the solidity of the constituent structures of the construction process,
— affect said structures in 1 of their component parts or 1 of their items of equipment, rendering them unsuitable for their destination,
— affect the solidity of 1 of their items of equipment intrinsic to viability, foundation, frame, closed or covered structures pursuant to Article 1792-2 of the French Civil Code.
The works to repair damage shall also include:
— costs for works involving any necessary demolition, clearing up, removal or dismantling, support, replacement or reassembly, including removing and putting back soil and plants,
— contractor's liability insurance costs for repair works carried out following damage which is insured if these works are themselves subject to compulsory contractor's liability insurance.
Section III: Legal, economic, financial and technical information
tenders may be submitted by insurance intermediaries and insurance companies.
If the tenderer is an insurance intermediary, or a lead insurance company for other companies, he must provide proof via any documentary evidence that he has obtained 100 % cover for the risks to be insured when tendering under this invitation to tender. Items to be sent will include, for instance, the tender signed by the lead insurer or all the insurers, the companies mandate, etc.
If the tenderer is an intermediary, he shall sign the insurance contract(s) referred to in this invitation to tender directly with an insurer or a lead insurer in the name and on behalf of said insurer or lead insurer.
Subject to the preceding paragraph, participation in invitation to tender procedures is open on equal terms to all natural persons, legal entities and public bodies falling within the scope of the treaties and to all natural persons, legal entities and public bodies of non-member countries which have entered into a special agreement with the European Union in the public procurement field, under the conditions laid down by this agreement.
The contract is also open to nationals of countries that have ratified the multilateral WTO Government Procurement Agreement, under the conditions laid down by this agreement.
If a potential tenderer is not eligible under such an agreement, he may in exceptional cases be admitted by the European Parliament, on an ad hoc basis, to participate in the invitation to tender procedure without setting a precedent or obligation for the future.
In order to determine their eligibility, tenderers must indicate in their tenders the country in which they have their head office or are domiciled. They must also submit the proof required under their national law, including:
— enrolment on the trade or professional register,
— approval from the inspection body in the field of insurance in their country of origin, or any other documentary evidence to the effect that they meet all the legal conditions required to carry out business in the field covered by the contract (including proof of enrolment),
— evidence of having taken out professional liability insurance for intermediaries; solvency certificate for companies pursuant to Directive 2009/138/EC of the European Parliament and of the Council, any reinsurance,
— lead insurers and intermediaries will be required to provide a companies mandate (duly signed by the legal representative of each company involved, and the certificate showing the powers of signature of the latter).
If none of these documents provides sufficient evidence to prove and evaluate the existence of such authorisation, the European Parliament may accept other equivalent official documents submitted by the tenderer.
For economic groupings, each member will need to provide proof of authorisation to produce the object covered by the contract.
Section IV: Procedure
Luxembourg, European Parliament's premises.
1 representative per tenderer may attend. 2 days prior to the date for the opening of tenders, tenderers should send the name and position of their representative to the e-mail address given for this purpose in the procurement documentation.
Section VI: Complementary information
The European Parliament will organise site visits to take place between 17.1.2017 and 19.1.2017 on its premises in Strasbourg, and between 24.1.2017 and 27.1.2017 on its premises in Brussels.
The visit will be held individually (1 company at a time). No more than 2 representatives per company may attend. To prepare your entry pass, please e-mail your company name and the name, position, identity card number and date of birth of the participants to the address indicated hereafter (1 working day before the start of the period concerned). Your representatives must carry a valid form of identification. Having accredited your representatives, the European Parliament will provide you with the access procedures and the location of the meeting point.
The plans of the buildings, together with any other information relevant to this matter, will be given during the visits.
Minutes will be drawn up following the visit.
Any travel costs relating to the site visit are to be borne by tenderers and will not be reimbursed by the European Parliament.
Participation in the site visit is mandatory: only those who attended will be permitted to tender. Signature in the attendance register will serve as proof of participation.