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Services - 44863-2019

30/01/2019    S21

Luxembourg-Luxembourg: EIB - Legal Services under Luxembourgish and EU Law

2019/S 021-044863

Contract notice

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: European Investment Bank
Postal address: 98–100, boulevard Konrad Adenauer
Town: Luxembourg
NUTS code: LU000 Luxembourg
Postal code: 2950
Country: Luxembourg
Contact person: CS-Procurement
E-mail: cs-procurement@eib.org
Internet address(es):
Main address: http://www.eib.org
Address of the buyer profile: http://www.eib.org/about/procurement/index.htm
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=4367
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
Economic and financial affairs

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Legal Services under Luxembourgish and EU Law

Reference number: WK-1531
II.1.2)Main CPV code
79110000 Legal advisory and representation services
II.1.3)Type of contract
Services
II.1.4)Short description:

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).

II.1.5)Estimated total value
Value excluding VAT: 10 000 000.00 EUR
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for maximum number of lots: 3
II.2)Description
II.2.1)Title:

General advice and support for lending operations under Luxembourgish law

Lot No: 1
II.2.2)Additional CPV code(s)
79110000 Legal advisory and representation services
79111000 Legal advisory services
II.2.3)Place of performance
NUTS code: LU LUXEMBOURG
Main site or place of performance:

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.

II.2.4)Description of the procurement:

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.

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
Value excluding VAT: 4 000 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in days: 24
This contract is subject to renewal: yes
Description of renewals:

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.

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
II.2)Description
II.2.1)Title:

Support for funds and other similar equity operations under Luxembourgish law

Lot No: 2
II.2.2)Additional CPV code(s)
79110000 Legal advisory and representation services
79111000 Legal advisory services
II.2.3)Place of performance
NUTS code: LU LUXEMBOURG
Main site or place of performance:

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.

II.2.4)Description of the procurement:

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,

— 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 (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.

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
Value excluding VAT: 4 000 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in days: 24
This contract is subject to renewal: yes
Description of renewals:

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.

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
II.2)Description
II.2.1)Title:

EU law advice

Lot No: 3
II.2.2)Additional CPV code(s)
79110000 Legal advisory and representation services
79111000 Legal advisory services
II.2.3)Place of performance
NUTS code: LU LUXEMBOURG
Main site or place of performance:

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.

II.2.4)Description of the procurement:

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.

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
Value excluding VAT: 2 000 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in days: 24
This contract is subject to renewal: yes
Description of renewals:

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.

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

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:

For details please refer to the procurement documents.

III.1.2)Economic and financial standing
Selection criteria as stated in the procurement documents
III.1.3)Technical and professional ability
Selection criteria as stated in the procurement documents
III.2)Conditions related to the contract
III.2.1)Information about a particular profession
Execution of the service is reserved to a particular profession
Reference to the relevant law, regulation or administrative provision:

For details please refer to the procurement documents.

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
Framework agreement with several operators
Envisaged maximum number of participants to the framework agreement: 5
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: 08/03/2019
Local time: 23:59
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:
English
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 6 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders
Date: 12/03/2019
Local time: 15:00
Place:

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.

Information about authorised persons and opening 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

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.3)Additional 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.

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 4303-2100
Internet address: http://curia.europa.eu
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Within 2 months of the notification to the plaintiff, or, in the absence thereof, of the day on which it came to the knowledge.

VI.5)Date of dispatch of this notice:
18/01/2019