Services - 1562-2017

04/01/2017    S2

Luxembourg-Luxembourg: Conclusion of framework contracts for the translation of legal texts from certain official languages of the European Union into Estonian

2017/S 002-001562

Contract notice

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Court of Justice of the European Union
Postal address: plateau de Kirchberg, TB 21/0018
Town: Luxembourg
NUTS code: LU000 Luxembourg (Grand-Duché)
Postal code: 2925
Country: Luxembourg
E-mail: FreelanceET@curia.europa.eu
Internet address(es):
Main address: www.curia.europa.eu
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: http://curia.europa.eu/jcms/jcms/Jo2_10741/et/
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted to the abovementioned address
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:

Conclusion of framework contracts for the translation of legal texts from certain official languages of the European Union into Estonian.

II.1.2)Main CPV code
79530000 Translation services
II.1.3)Type of contract
Services
II.1.4)Short description:

The procurement covers 6 lots (see section II.2 of the contract notice). The procurement procedure is permanent for all the lots and new requests may be accepted at any time during the performance of the contract. Framework contracts will be awarded by lot. The contracts will be for a term of 1 year, renewable by tacit agreement for up to 3 further periods of 1 year. The maximum number of framework contracts to be concluded for each lot has been specified. A classification list will be drawn up on the basis of the award criteria. That list will determine the initial order of the contractors and they will be contacted in order to be offered specific work, in the light of their output capacity and possible field of specialisation. The classification will be periodically reviewed so that it reflects the actual quality of the services provided. The classification may also be altered following the conclusion of new framework contracts or the termination of existing framework contracts.

II.1.5)Estimated total value
Value excluding VAT: 6 000 000.00 EUR
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for all lots
II.2)Description
II.2.1)Title:

FR

Lot No: 1
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg (Grand-Duché)
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from French into Estonian. The maximum number of framework contracts concluded for this lot will be 50. The procurement procedure is permanent.

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
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 50
II.2.10)Information about variants
Variants will be accepted: no
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

The average price paid in 2015 for this lot was 24,43 EUR (total price per standard page of 1 500 characters, not including spaces, in the source language and covering all costs). The Court reserves the right to reject any tenders deemed to be excessively expensive.

II.2)Description
II.2.1)Title:

DE

Lot No: 2
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg (Grand-Duché)
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from German into Estonian. The maximum number of framework contracts concluded for this lot will be 50. The procurement procedure is permanent.

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
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 50
II.2.10)Information about variants
Variants will be accepted: no
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

The average price paid in 2015 for this lot was 26,93 EUR (total price per standard page of 1 500 characters, not including spaces, in the source language and covering all costs). The Court reserves the right to reject any tenders deemed to be excessively expensive.

II.2)Description
II.2.1)Title:

EN

Lot No: 3
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg (Grand-Duché)
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from English into Estonian. The maximum number of framework contracts concluded for this lot will be 50. The procurement procedure is permanent.

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
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 50
II.2.10)Information about variants
Variants will be accepted: no
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

The average price paid in 2015 for this lot was 25,84 EUR (total price per standard page of 1 500 characters, not including spaces, in the source language and covering all costs). The Court reserves the right to reject any tenders deemed to be excessively expensive.

II.2)Description
II.2.1)Title:

ES

Lot No: 4
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg (Grand-Duché)
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from Spanish into Estonian. The maximum number of framework contracts concluded for this lot will be 50. The procurement procedure is permanent.

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
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 50
II.2.10)Information about variants
Variants will be accepted: no
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

The average price paid in 2015 for this lot was 18,99 EUR (total price per standard page of 1 500 characters, not including spaces, in the source language and covering all costs). The Court reserves the right to reject any tenders deemed to be excessively expensive.

II.2)Description
II.2.1)Title:

IT

Lot No: 5
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg (Grand-Duché)
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from Italian into Estonian. The maximum number of framework contracts concluded for this lot will be 50. The procurement procedure is permanent.

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
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 50
II.2.10)Information about variants
Variants will be accepted: no
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

The average price paid in 2015 for this lot was 21,05 EUR (total price per standard page of 1 500 characters, not including spaces, in the source language and covering all costs). The Court reserves the right to reject any tenders deemed to be excessively expensive.

II.2)Description
II.2.1)Title:

PL

Lot No: 6
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg (Grand-Duché)
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from Polish into Estonian. The maximum number of framework contracts concluded for this lot will be 50. The procurement procedure is permanent.

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
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 50
II.2.10)Information about variants
Variants will be accepted: no
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

The Court reserves the right to reject any tenders deemed to be excessively expensive.

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:

participation in this procurement procedure shall be open on equal terms to all natural and legal persons falling within the scope of the European Union treaties and to all natural and legal persons established in a third country that has a special agreement with the European Union in the field of public procurement under the conditions laid down in that agreement. Candidates must indicate the Member State in which they are established and submit the required evidence of that matter according to the law of that State.

Candidates must sign the declaration on their honour concerning the exclusion and selection criteria (available at the Internet address set out in point I.3) that they are not in any of the situations described in Article 106 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council.

In the case of candidates other than natural persons, those exclusion criteria apply both to the candidate and to each of the service providers making up the candidate.

The following information must also be provided:

* in the case of candidates other than natural persons:

— indication and evidence of the place of establishment,

— indication and evidence of legal form, e.g. entry in the commercial register, entry in the VAT register, copies of the instruments of incorporation or constitution of the legal person, in accordance with the provisions of the State in which the candidate is established,

— the identity of the persons having powers of representation, decision making or control over them,

* in the case of candidates who are natural persons:

— declaration of the candidate's self-employed status or another freelancer status in the context of providing the services covered by the procurement contract,

— declaration relating to the candidate's liability to VAT.

Requests to participate must be written in such a way as to enable their evaluation to be complete, accurate and as rapid as possible, permitting the selection of candidates who will be invited to submit a tender. Candidates who have not provided enough information, by filling out the mandatory registration form (available at the web address specified in point I.3) and attaching the documents and evidence indicated, may have their request to participate rejected.

The number of copies of the request must correspond to the number of lots to which it relates, and the information necessary for the evaluation of the candidate's capacities must be provided separately in relation to each lot.

Candidates whose framework contract has been terminated by the Court of Justice for lack of quality may also be excluded from participating in the contract for the lot concerned.

III.1.2)Economic and financial standing
List and brief description of selection criteria:

the candidate must possess the necessary economic and financial standing to perform the contract.

Minimum level(s) of standards possibly required:

legal persons are required to provide sufficient information to enable the Court of Justice to assess their financial situation and, more specifically, evidence that they possess the resources and financial means to ensure the continued and satisfactory performance of the contract for its entire duration. Candidates which are legal persons (in the case of requests for joint participation, the overall standing of all the members of the consortium) must submit the following supporting documents:

— a copy of the balance sheets or extracts from the balance sheets and profit and loss accounts for the last 3 financial years, together with any copies of the reports of the board of directors and external auditors, if available, relating to those financial years.

If, for any exceptional reason deemed justifiable by the contracting authority, the candidate is unable to provide some of the documents referred to above, he or she may provide evidence of his or her economic and financial standing by means of any other documents which the contracting authority deems appropriate. In all cases, the contracting authority must at least be informed of the exceptional reason and the justification therefor in the request to participate. The contracting authority reserves the right to request any additional document required by it to assess the economic and financial standing of the candidate.

III.1.3)Technical and professional ability
List and brief description of selection criteria:

Each natural person who is a candidate and each natural person engaged in the provision of the services covered by the contract must meet the following minimum standards of technical and professional capacity:

— have successfully completed a suitable course in law (i.e. qualification equivalent to a Master's degree, based on paragraph 12 of Regulation No 120 of the Government of the Republic of Estonia of 6.6.2005) in an Estonian university, or

— other academic education (i.e. qualification equivalent to a Master's degree in the case of an Estonian university, an equivalent qualification in the case of a foreign university),

— at least 2 years' experience in translating legal texts is required from candidates who have not completed a course in law in Estonia,

— excellent command of Estonian,

— thorough knowledge of the source language (per lot).

The following information and documents must be submitted to evaluate whether the requirements are met:

— detailed curriculum vitae,

— a university diploma or a copy of the diploma supplement attesting to the completion of a law course, or

— a university diploma or a copy of the diploma supplement attesting to the completion of a university course in another field,

— copies of certificates attesting to work experience in translating legal texts (e.g. copies of contracts, certificates, financial documents), if needed,

— information regarding perfect command of Estonian and method of acquisition,

— copy of the diploma, certificate or any other relevant evidence certifying command of the original language of the relevant lot and the method of acquisition.

III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

The quality of the translations provided under the framework contracts must be such as to enable the texts to be used immediately, whether by publication or otherwise. The contractor must thus ensure:

— compliance with the specific instructions provided by the Court,

— correct, rigorous and precise use of the target language,

— rigorous use of the appropriate legal language and terminology of the target language,

— strict use of the legal terminology used in the reference documents (both source and target languages),

— rigorous citation of the relevant legislative and/or judicial texts,

— use of the necessary legal databases (both European Union and national databases),

— compliance with the Court's 'Vade Mecum' (where applicable),

— delivery within the period agreed and specified on the order form.

III.2.3)Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Restricted procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with several operators
Envisaged maximum number of participants to the framework agreement: 300
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 13/02/2017
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
Estonian

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: yes
Estimated timing for further notices to be published:

The procurement procedure is permanent. A new contract notice is expected to be published within no more than 42 months after the entry into force of the first framework contracts.

VI.3)Additional information:

Signed requests to participate may be sent by e-mail (registration form signed and scanned) or by mail (registration form signed). Hyperlinks to documents stored in an online data network are not allowed.

On the basis of the evaluation of their capacities, the selected candidates will be invited to submit a tender (a minimum of 5 candidates per each lot, provided that a sufficient number of candidates satisfy the selection criteria).

As the procurement procedure is permanent, an evaluation will be made at regular intervals during the procurement procedure of new requests received after the time limit for receipt, provided that the maximum number of contractors for the relevant lot has not been reached. Participation in this procurement procedure is free and, as a consequence, does not confer on candidates/tenderers any right to require any financial compensation in respect of the costs incurred.

The selected candidates will be invited, by e-mail, written for administrative reasons in either English or French, to submit a tender. The texts to be translated cover different legal areas corresponding to the cases brought before the Court. The texts are of different lengths and the translation deadlines vary as to their degree of urgency. Examples of the types of texts to be translated may be consulted on the Court's website http://www.curia.europa.eu

Contractors may be required to work on texts which have been pre-processed using a computer-assisted translation programme. Successful tenderers will be required to state that they are prepared to familiarise themselves with that programme if it is necessary for any specific work. If they are not prepared to do so, they waive their right to receive any work for which that familiarity is required, whatever their classification on the list of contractors.

Passages which have been pre-translated either in part or in full and provided to the contractor, either in the file to be translated or separately, may be deducted from the page count in the manner indicated in the framework contract.

VI.4)Procedures for review
VI.4.1)Review body
Official name: General Court of the European Union
Postal address: rue du Fort Niedergrünewald
Town: Luxembourg
Postal code: 2925
Country: Luxembourg
E-mail: generalcourt.registry@curia.europa.eu
Telephone: +352 4303-1
Fax: +352 4303-2473
Internet address: http://curia.europa.eu
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

period of 2 months from publication of the measure, or of its notification to the plaintiff or, in the absence thereof, of the day on which it came to the knowledge of the latter, in accordance with Article 263 TFEU.

VI.5)Date of dispatch of this notice:
16/12/2016