Services - 132850-2019

22/03/2019    S58    Court of Justice of the European Union - Services - Contract notice - Restricted procedure 

Luxembourg-Luxembourg: Conclusion of framework contracts for the translation of legal texts from Polish into Slovak.

2019/S 058-132850

Contract notice

Services

Legal Basis:

Regulation (EU, Euratom) No 2018/1046

Section I: Contracting authority

I.1)Name and addresses
Court of Justice of European Union (CJEU)
Plateau de Kirchberg (bureau T-0197)
Luxemburg
L-2925
Luxembourg
Contact person: Slovenské prekladateľské oddelenie SDEÚ
Telephone: +352 43034176
E-mail: FreelanceSK@curia.europa.eu
Fax: +352 43034317
NUTS code: LU000

Internet address(es):

Main address: http://curia.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=4600
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 Polish into Slovak.

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

The public procurement is permanent, so that new requests may be accepted at any time during its performance. The duration of the framework contract is 1 year, renewable by implicit consent up to 3 times, each time for a 1-year period. The maximum number of framework contracts to be concluded is specified. A classification list of contractors will be drawn up based on the award criteria. This list will determine the initial order in which, in the light of their output capacity and possible field of specialisation, contractors will be contacted in order to be offered specific translations. This classification will be periodically reviewed so that it reflects the actual quality of the services provided. The classification will 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: 300 000.00 EUR
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
NUTS code: LU000
II.2.4)Description of the procurement:

Conclusion of framework contracts for the translation of legal texts from Polish into Slovak. The maximum number of framework contracts is 20. The call for requests to participate 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: 20
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

The Court reserves the right to reject 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:

This contract is open on the same conditions to all natural and legal persons falling within the scope of the treaties on which the European Union is founded and to all natural and legal persons established in third countries with which the European Union concluded a specific agreement in the field of public procurement based on the terms and conditions set in this agreement. Candidates must indicate the State in which they are established and support this fact with documents required according to the legislation of that State.

Candidates must sign a solemn declaration (available at the Internet address given in point I.3) concerning the conditions for exclusion and conditions for participation that they are not in any of the situations described in Article 136 of Regulation (EU, Euratom) No 2018/1046 of the European Parliament and of the Council.

In case of candidates who are legal persons these conditions for exclusion apply to the candidate and also to each natural person responsible for contract performance.

The following information must also be provided:

* in the case of candidates who are legal persons:

— Indication and evidence of the place of residence,

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

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

* in the case of candidates who are natural persons:

— Proof of self-employed status in the context of providing the services covered by the contract,

— Declaration relating to 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 when filling out the mandatory application form (available at the Internet address specified in point I.3) and who have not attached the documents and evidence indicated may have their request to participate rejected.

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

The candidate must have the necessary economic and financial capacity to perform this public contract.

Minimum level(s) of standards possibly required:

Legal persons must provide sufficient information for the Court to be able to assess their financial situation, and in particular to prove that they have at their disposal financial resources and means to ensure permanent and satisfactory performance of the contract for its entire duration. Candidates who are legal persons (in the case of requests to participate jointly, the joint capacity of all members of the consortium is taken into account) must therefore submit the following documents:

— A copy of balance sheets or extracts from balance sheets and statements of financial results for the last 3 years, as well as copies of all relevant reports of the statutory authority and reports of external auditors related to the same period, provided that these reports are available.

If, for an exceptional reason that the contracting authority recognises as justified, the tenderer is not able to provide any of the documents stated above, they can support their economic and financial standing by means of any other documents which the contracting authority deems appropriate. In any case, the contracting authority must be notified of the exceptional reason and its justification in the request to participate. The contracting authority reserves the right to request any other document that will enable it to verify the economic and financial standing of the candidate.

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

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

— Successfully completed legal studies ('magisterský stupeň' — Master's Degree) in the field of Slovak law, attested to by the diploma,

— Excellent knowledge of Slovak,

— Very good knowledge of the source language.

Information and formalities necessary for evaluating if the participation requirements are met:

— A copy of a university degree attesting to the required legal studies,

— Information on the way of obtaining excellent knowledge of Slovak,

— Copy of the diploma or any relevant document attesting to very good knowledge of the source language for the relevant lot,

— Alternatively a copy of documents related to the acquisition of work experience in the field of translation of legal texts (e.g. copies of contracts, confirmations, financial statements),

— Detailed CV.

III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.1)Information about a particular profession
III.2.2)Contract performance conditions:

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

— Compliance with the specific instructions provided by the Court,

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

— Rigorous use of the appropriate language and appropriate legal terminology in the target language,

— Rigorous use of legal terminology (both in the source and the target language) specified in the reference documents,

— Rigorous citation of relevant legislative and/or judicial texts,

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

— Adherence to the 'Vade Mecum' of the Court (if required),

— Delivery within the agreed deadlines specified in the order.

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: 20
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
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: 29/04/2019
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:
Slovak
IV.2.6)Minimum time frame during which the tenderer must maintain the 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:

The call for participation in public procurement is permanent. A new contract notice is expected to be published within no more than 42 months of the award of the first framework contracts.

VI.2)Information about electronic workflows
Electronic invoicing will be accepted
VI.3)Additional information:

Signed requests to participate are sent via email (signed and scanned application form sent as an attachment to the message) or by post (signed application form). References to online storage capacity shall not be accepted.

On the basis of the evaluation of their capacities, the candidates deemed to be most capable of performing the contract will be invited to submit 1 tender (a minimum of 5 candidates, provided that a sufficient number of candidates satisfy the conditions for participation).

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

The selected candidates will be invited by email to submit their tender drawn up for administrative reasons either in English or in French.

The texts to be translated cover a range of legal subjects corresponding to the cases brought before the Court. Texts vary as to their length and the degree of urgency with which translations are requested. Examples of the types of texts to be translated may be found on the Court's website at http://www.curia.europa.eu

Contractors may be required to work on texts which have been first processed using an environment to support the translation. Successful tenderers will be required to state that they are prepared to familiarise themselves with that environment 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 this familiarisation is required, irrespective of their classification on the list of contractors.

Potential parts of text that have been fully or partially translated in advance and that will be supplied to the contractor in the file for translation or separately may be deducted from the calculated number of pages in compliance with the provisions of the framework contract.

VI.4)Procedures for review
VI.4.1)Review body
The General Court of the European Union
Rue du Fort Niedergrünewald
Luxembourg
L-2925
Luxembourg
Telephone: +352 43031
Fax: +352 43032100

Internet address: https://curia.europa.eu/e-Curia

VI.4.2)Body responsible for mediation procedures
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 of the day on which it came to the knowledge of the latter, in accordance with Article 263 TFEU.

VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
12/03/2019