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Luxembourg-Luxembourg: EIB - Legal Services under Luxembourgish and EU Law
Section I: Contracting authority
Section II: Object
Legal Services under Luxembourgish and EU Law
Provision of legal services to the EIB concerning general advice and support for lending operations under Luxembourgish law (Lot A), support for funds and other similar equity operations under Luxembourgish law (Lot B) and EU law advice (Lot C).
General advice and support for lending operations under Luxembourgish law
In principle the Framework Members will work from their usual professional premises, the EIB may require their participation from time to time in meetings and negotiations, mainly in Luxembourg.
General advice and support for lending operations under Luxembourgish law, including
Advice on matters related to Luxembourgish law in all areas and, in particular, in the fields of:
— banking and finance (including structured corporate finance and capital markets),
— real estate,
— intellectual property,
— corporate law,
— employment law, and
— regulatory and administrative law,
— provision of trainings in relation to Luxembourgish law and provision of legal updates,
— advice on EIB’s templates/standard contractual documentation governed by Luxembourgish law (master finance contract, equity type finance contract, guarantee, warrant agreement, etc.) including developing new templates,
— legal support in respect of lending operations governed by Luxembourgish law to be carried out by the EIB within and outside the EU including but not limited to bilateral lending transactions, structured finance, PPP transactions, financing through subscription of bonds and transactions guaranteed by the EIB. Corporate finance transactions may include secured or unsecured loans to SME’s or MidCap’s with differing rankings, combined with remuneration features such as warrants or other performance participation structures. The legal support shall include in particular drafting, negotiating and monitoring of contractual documents, assisting with conditions precedent and issuing legal opinions.
The duration of each FWA is 2 years, with an option to extend by 2 further periods of 1 year each.
EIB may, during the three years following the award of the initial framework agreement, have recourse to a negotiated procedure without prior publication of a contract notice for new services consisting in the repetition of similar services entrusted to the parties awarded this framework agreement.
Support for funds and other similar equity operations under Luxembourgish law
Support for funds and other similar equity operations under Luxembourgish law, including
— legal support to EIB’s legal department in respect of investment funds and other similar equity operations governed by Luxembourgish law to be carried out by the EIB within and outside the EU, such support to include in particular drafting, negotiating and monitoring of contractual documents, assisting with conditions precedent and issuing legal opinions,
— advice on EIB’s templates/standard contractual documentation governed by Luxembourgish law (side letter, etc.) including developing new templates,
— advice on matters related to Luxembourgish law in respect of the set-up of funds, platforms and securitization vehicles or other vehicles.
EU law advice
EU law advice, including
Advice on matters related to substantive European law in all domains and, in particular, in the fields of:
— public procurement,
— environmental law,
— the competences and procedures of the European Ombudsman,
— state aid and competition law, and
— transparency and public access to documents or information.
Advice on matters related to institutional matters, such as:
— the functioning and governance of EU institutions, EU bodies and international (financial) organizations,
— the general legal framework applicable to the organization and operation of the EIB;
— the privileges and immunities of EU bodies and international organizations, including their tax exemptions,
— the Treaties and other EU acts relating to the EIB and its activities in the context of its operations inside and outside the EU,
— the interpretation and enforcement of international treaties, international dispute settlement and arbitration,
— the competences of the EIB’s governing bodies and the interpretation and application of their decisions,
— the EIB’s relations with other European institutions and bodies, the Member States, the European Investment Fund, third countries and other international organizations,
— EIB employment (staff) relations, including social security, pension and health insurance schemes and pension funds.
Section III: Legal, economic, financial and technical information
For details please refer to the procurement documents.
Section IV: Procedure
Tenders will be opened in a non-public procedure. Upon written request to the EIB (see section I.1), the written record of the opening of the tenders will be provided to economic operators who submitted a tender.
Section VI: Complementary information
Concerning section IV.1.3) 'Information about a framework agreement or a dynamic purchasing system' the number of participants to the framework agreements shall be for:
— lots A and B a maximum of 5 operators each, provided a sufficient number of admissible tenders is received,
— lot C a maximum of 4 operators, provided a sufficient number of admissible tenders is received.
Within 2 months of the notification to the plaintiff, or, in the absence thereof, of the day on which it came to the knowledge.