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Services - 82624-2015

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10/03/2015    S48

Belgium-Brussels: Study on the remuneration provisions applicable to credit institutions and investment firms

2015/S 048-082624

Contract notice


Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

Official name: European Commission, Directorate-General for Justice and Consumers, Unit JUST/A4 Programme Management
Postal address: Office MO59 04/21
Town: Brussels
Postal code: 1049
Country: Belgium
For the attention of: Mr Renatas Mazeika
Telephone: +32 22962152
Fax: +32 22988812

Internet address(es):

General address of the contracting authority:

Electronic access to information:

Further information can be obtained from:
The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from:
The above mentioned contact point(s)

Tenders or requests to participate must be sent to:
The above mentioned contact point(s)

I.2)Type of the contracting authority
European institution/agency or international organisation
I.3)Main activity
General public services
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1.1)Title attributed to the contract by the contracting authority:
Study on the remuneration provisions applicable to credit institutions and investment firms.
II.1.2)Type of contract and location of works, place of delivery or of performance
Service category No 21: Legal services
Main site or location of works, place of delivery or of performance: Contractor's premises.
NUTS code
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves a public contract
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)
The Commission is called upon to review and report on the application and the impact of the provisions on remuneration in Directive 2013/36/EU of the European Parliament and of the Council of 26.6.2013 and Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26.6.2013 by 30.6.2016.
The purpose of the contract will be for the contractor to carry out a thorough analysis of a number of relevant items in relation to the provisions on remuneration, and to report its findings to the Commission.
II.1.6)Common procurement vocabulary (CPV)

79100000 Legal services, 72316000 Data analysis services, 72314000 Data collection and collation services, 79140000 Legal advisory and information services

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
This contract is divided into lots: no
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
Estimated value excluding VAT: 250 000 EUR
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion
Duration in months: 6 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
Not applicable.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
See tender specifications.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
See tender specifications.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: no
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if the requirements are met: See tender specifications.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: In order to prove their economic and financial capacity, the tenderers (i.e. in the case of a joint tender, the combined capacity of all members of the consortium and identified subcontractors) must show that their annual consolidated turnover exceeds 250 000 EUR (average for the past 3 years).
The following evidence should be provided:
— the completed 'Simplified balance sheet' and 'Simplified profit & loss account' completed for the last 3 years,
— copy of the profit & loss account and balance sheet for the last 3 years for which accounts have been closed,
— failing that, appropriate statements from banks,
— if applicable, evidence of professional risk indemnity insurance.
If, for some exceptional reason which the contracting authority considers justified, a tenderer is unable to provide 1 or the other of the above documents, he or she may prove his or her economic and financial capacity by any other document which the contracting authority considers appropriate. In any case, the contracting authority must at least be notified of the exceptional reason and its justification in the tender. The Commission reserves the right to request any other document enabling it to verify the tenderer's economic and financial capacity.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
a. Criteria relating to tenderers:
Tenderers (in the case of a joint tender the combined capacity of all tenderers and identified subcontractors) must comply with the following criteria:
— the tenderer must prove experience in the field of legal analysis, economic analysis, survey techniques, data collection, statistical analyses and drafting reports, with at least 3 projects delivered in this field in the last 5 years,
— the tenderer must prove experience in drafting reports in English, with at least 3 reports delivered in English in the last 5 years,
— the tenderer must prove experience of working in at least 14 EU countries with at least 3 projects delivered in the last 5 years, the combination of which must show the necessary coverage.
b. Criteria relating to the team delivering the service:
The team delivering the service should include, as a minimum, the following profiles:
project manager: at least 5 years' experience in project management, including overseeing project delivery, quality control of the delivered service, client orientation and conflict resolution experience in a project of a similar size and coverage (geographical scope at least half of the one subject to this call for tender), with experience in management of a team of at least 10 people;
legal expert: higher education degree in law and at least 5 years of professional experience in conducting legal analysis or legal research;
experts in economics: at least 3 members of the team should have a relevant higher education degree and at least one of them should have at least 5 years' professional experience in the field of economics;
team for data collection: collectively the team of a minimum of 4 people should have knowledge of at least 5 EU languages and proven collective experience of a minimum of 10 years in data collection techniques;
language quality check: at least 2 members of the team from amongst the project manager, legal expert and 3 experts in economics should have native level language skills in English, as guaranteed by a certificate or past relevant experience.
If several service providers/subcontractors are involved in the bid, they must jointly have the professional and technical capacity to perform the tasks assigned to them.
c. Evidence:
To fulfil the above criteria, tenderers should provide with their offer, the following evidence:
1. detailed curriculum vitae of 1 project manager, 1 legal expert and 3 experts in economics carrying out the work, including his or her educational background, degrees and diplomas, professional experience, research work, publications and linguistic skills. The CVs shall be presented, preferably, in accordance to the Commission Recommendation on a common European format for curricula vitae, published in OJ L 79 of 22.3.2002, p. 66;
2. the names, the number of years of experience in data collection techniques and knowledge of EU languages of each of the 4 experts in data collection, presented on a 1-page document;
3. a list of recent projects that prove the tenderer's experience as per Section V.2.2.a (criteria relating to tenderers), including a brief description of the project, the date, recipients and sums received for the services, description of services rendered, language(s), and geographical coverage. Tenderers shall also provide certificates issued or countersigned by public authorities or by private clients or, failing this, simply declared by the service provider to have been effected;
4. part of the contract which the service provider intends to subcontract.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: yes

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria
IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated below

1. Proposed approach with respect to the review under task 1 of Union and international developments that are of relevance to remuneration practices in the financial sector. Weighting 5

2. Proposed approach with respect to the review under task 2 of how institutions apply in practice the provisions on remuneration in a different manner and to a different extent depending on their size, internal organisation and activities. Weighting 5

3. Proposed approach with respect to the analysis under task 3 of the efficiency of the provisions on remuneration in CRD IV.. Weighting 30

4. Proposed approach with respect to the analysis under task 4 of the specific impact of compliance with the maximum ratio between the fixed and variable components of remuneration as foreseen in Article 94(1)(g) CRD on competitiveness, on financial stability and on staff working in third countries. Weighting 30

5. Work plan, team structure and resource allocation plan. Weighting 10

6. Proposed procedures for quality control and interaction with the contracting authority. Weighting 10

7. Presentation, readability, clarity and coherence of the offer. Weighting 10

IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
IV.3.2)Previous publication(s) concerning the same contract
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
Any EU official language
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 6 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tenders
Date: 27.4.2015


rue Montoyer 59, 1040 Brussels, BELGIUM.

Persons authorised to be present at the opening of tenders: yes
Additional information about authorised persons and opening procedure: 1 representative of each tenderer may attend the opening of the bids.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Official name: General Court
Postal address: rue du Fort Niedergrünewald
Town: Luxembourg
Postal code: 2925
Country: Luxembourg
Telephone: +352 4303-1
Fax: +352 4303-2100
Internet address:

Body responsible for mediation procedures

Official name: Same as above

VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: Within 2 months of the notification to the plaintiff, or, in absence thereof, of the day on which it came to the knowledge. A complaint to the European Ombudsman does not have as an effect either to suspend this period or to open a new period for lodging appeals.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice: