Services - 107188-2017

23/03/2017    S58    Agencies - Services - Contract notice - Competitive procedure with negotiation 

Netherlands-The Hague: Legal services

2017/S 058-107188

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Europol
Postal address: Eisenhowerlaan 73
Town: The Hague
NUTS code: NL332
Postal code: 2517 KK
Country: Netherlands
E-mail: procurement@europol.europa.eu
Telephone: +31 703531594
Fax: +31 703180808

Internet address(es):

Main address: www.europol.europa.eu

I.2)Information about joint procurement
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=2287
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
Public order and safety

Section II: Object

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

Legal services.

Reference number: 1701/G2/N.
II.1.2)Main CPV code
79100000
II.1.3)Type of contract
Services
II.1.4)Short description:

The scope of this procedure is the provision of legal services divided into 5 lots:

lot 1: Dutch commercial law, including contract, ICT/IP law, privacy and data protection, tax law and possible court representation (framework contract with 1 contractor);

lot 2: Dutch employment and labour law, including taxation, pension and benefits and health and safety law (framework contract with 1 contractor);

lot 3: EU procurement law, including advice and possible representation before the General Court (framework contract with 1 contractor);

lot 4: Belgian commercial law, including contract, ICT/IP law, privacy and data protection, tax law and possible court representation (framework contract with 1 contractor);

lot 5: EU employment and civil service law, including advice and possible representation before the General Court (multiple framework contract with 3 contractors — reopening of competition).

II.1.5)Estimated total value
Value excluding VAT: 240 000.00 EUR
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for all lots
Maximum number of lots that may be awarded to one tenderer: 5
II.2)Description
II.2.1)Title:

Lot 1: Dutch commercial law, including contract, ICT/IP law, privacy and data protection, tax law and possible court representation

Lot No: 1
II.2.2)Additional CPV code(s)
79110000
79140000
II.2.3)Place of performance
NUTS code: NL332
Main site or place of performance:

The Hague, Netherlands.

II.2.4)Description of the procurement:

Lot 1: Europol's contracts are generally governed by the Union law complemented, where necessary, by Dutch law. The courts of The Hague have jurisdiction over disputes arising from the interpretation and/or application of the contract. Europol has no in-house Dutch qualified lawyer therefore Dutch legal advice on commercial law matters is occasionally required. Advice may also concern matters related to software licensing terms and their interpretation under Dutch law as well as issues of privacy and data protection.

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: 60 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
This contract is subject to renewal: yes
Description of renewals:

2 possible extensions of 12 months each.

II.2.9)Information about the limits on the number of candidates to be invited
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
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:

Lot 2: Dutch employment and labour law, including taxation, pension and benefits and health and safety law

Lot No: 2
II.2.2)Additional CPV code(s)
79140000
II.2.3)Place of performance
NUTS code: NL332
Main site or place of performance:

The Hague, Netherlands.

II.2.4)Description of the procurement:

For lot 2: Europol applies the health and safety standards of the Netherlands. On occasion, Dutch legal advice is required on employment and labour law matters including pension and benefits, social security and tax law.

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: 30 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
This contract is subject to renewal: yes
Description of renewals:

2 possible extensions of 12 months each.

II.2.9)Information about the limits on the number of candidates to be invited
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
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:

Lot 3: EU procurement law, including advice and possible representation before the General Court

Lot No: 3
II.2.2)Additional CPV code(s)
79110000
79140000
II.2.3)Place of performance
NUTS code: NL332
Main site or place of performance:

The Hague, Netherlands.

II.2.4)Description of the procurement:

Lot 3: Europol has procurement legal expertise in-house. This means that the ground work will be done in-house and legal advice will concern particular details (e.g. critical input on defences as drafted by Europol) and tactical advice as well as potential translations into French. Europol's legal team must be involved and consulted throughout each step of the proceedings.

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: 80 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
This contract is subject to renewal: yes
Description of renewals:

2 possible extensions of 12 months each.

II.2.9)Information about the limits on the number of candidates to be invited
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
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:

Lot 4: Belgian commercial law, including contract, ICT/IP law, privacy and data protection, tax law and possible court representation

Lot No: 4
II.2.2)Additional CPV code(s)
79110000
79140000
II.2.3)Place of performance
NUTS code: NL332
Main site or place of performance:

The Hague, Netherlands.

II.2.4)Description of the procurement:

For lot 4: Europol participates in interinstitutional procurement procedures (i.e. tender procedures organised by the EU Commission on behalf of EU institutions and agencies). The resulting contracts are governed by Belgian law and Brussels court jurisdiction. On occasions, Europol needs specialised advice on Belgian general commercial law. Advice may also concern matters related to software licensing terms and their interpretation under Belgian law as well as issues of privacy and data protection.

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: 25 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
This contract is subject to renewal: yes
Description of renewals:

2 possible extensions of 12 months each.

II.2.9)Information about the limits on the number of candidates to be invited
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
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 employment and civil service law, including advice and possible representation before the General Court

Lot No: 5
II.2.2)Additional CPV code(s)
79110000
79140000
II.2.3)Place of performance
NUTS code: NL332
Main site or place of performance:

The Hague, Netherlands.

II.2.4)Description of the procurement:

For lot 5: Europol employs civil servants under the staff regulations of officials and conditions of employment of other servants of the European Union. Europol has legal expertise in-house and wishes to have the possibility (but not the obligation) to call on the services of a law firm using a FWC which might result from this tender procedure. Europol's legal team must be involved and consulted throughout each step of the proceedings.

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: 45 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
This contract is subject to renewal: yes
Description of renewals:

2 possible extensions of 12 months each.

II.2.9)Information about the limits on the number of candidates to be invited
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
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:

As stated in 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.1.5)Information about reserved contracts
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:

As stated in the procurement documents.

III.2.2)Contract performance conditions:
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
Competitive procedure with negotiation
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 a single operator
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.5)Information about negotiation
The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations
IV.1.6)Information about electronic auction
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.2.1)Previous publication concerning this procedure
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 18/04/2017
Local time: 23:59
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 28/04/2017
IV.2.4)Languages in which tenders or requests to participate may be submitted:
Bulgarian, Czech, Danish, German, Greek, English, Spanish, Estonian, Finnish, French, Irish, Croatian, Hungarian, Italian, Lithuanian, Latvian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish
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

Section VI: Complementary information

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

Approximately within 4 years' time.

VI.2)Information about electronic workflows
VI.3)Additional information:

Europol may, during the 3 years following the conclusion of the (initial) contract, have recourse to the negotiated procedure without prior publication of a contract notice (Article 134(e) of the rules of application) for additional contracts involving services similar to those assigned to the party awarded this contract by the same contracting authority.

VI.4)Procedures for review
VI.4.1)Review body
Official name: General Court
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.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

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.4.4)Service from which information about the review procedure may be obtained
Official name: Europol
Postal address: Eisenhowerlaan 73
Town: The Hague
Postal code: 2517 KK
Country: Netherlands
E-mail: procurement@europol.europa.eu
Telephone: +31 703025000
Fax: +31 703180808

Internet address: http://www.europol.europa.eu

VI.5)Date of dispatch of this notice:
11/03/2017