Services - 132851-2019

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 Maltese

2019/S 058-132851

Contract notice

Services

Legal Basis:

Regulation (EU, Euratom) No 2018/1046

Section I: Contracting authority

I.1)Name and addresses
Court of Justice of the European Union
Plateau de Kirchberg (bureau T-01/277)
Luxembourg
L-2925
Luxembourg
Contact person: Id-Diviżjoni tat-Traduzzjoni tal-Malti
E-mail: freelanceMT@curia.europa.eu
NUTS code: LU000

Internet address(es):

Main address: www.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=4599
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 Maltese

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

The contract is permanent, new requests may be accepted at any moment during the duration of the contract. The duration of the framework contracts will be 1 year with an automatic renewal for 3 eventual periods of 1 year. The maximum number of framework contracts that must be concluded is indicated. A classification list will be established according to the criteria for the award of the contract. This list will determine the initial order in which the contracting parties will be contacted in order to be offered specific work in light of their production and specialisation competences. This classification will be revised periodically so that it will effectively reflect the quality of the service provided. Throughout the duration of the contract, the classification may also change due to the conclusion of new contracts or because of the termination of existing 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 various framework contracts for the translation of legal texts from Polish into Maltese. The maximum number of framework contracts concluded for this lot is 20. The call for tenders 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 of Justice reserves the right to refuse those offers 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:

Participation in this procedure for the award of contracts is open, under the same conditions, to every natural or legal person that falls within the scope of the constitutive Treaties of the European Union and to every natural or legal person established in a third country that had concluded a specific agreement with the European Union in the field of public contracts, under the conditions foreseen in this agreement. The candidates should indicate the State where they are established and prepare the required proof according to the law of this State.

The candidates must sign a declaration of honour (available at the website indicated in point I.3) according to the exclusion criteria and regarding the selection criteria stating 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.

Where the candidate is not a natural person, these exclusion criteria apply to the candidate and to each one of the persons providing services in the name of the candidate.

The following elements must also be put forward:

Where the candidate is not a natural person, these exclusion criteria apply to the candidate and to each one of the persons providing services in the name of the candidate.

The following elements must also be put forward:

*In the case of a candidate other than a natural person:

— indication and proof of the registered office,

— indication and proof of legal status, e.g. entry in the company register, entry in the VAT register, copies of the Articles and the Memorandum of Association of the company, in accordance with the provisions of the State in which the candidate is established,

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

*Where the candidate is a natural person:

— declaration that he/she is providing the services concerned as a self-employed worker,

— declaration as to whether he is subject to the payment of VAT.

Requests to participate must be written in such a way that their evaluation is complete, accurate and that it is done as rapidly as possible, in order to enable the selection of the candidates who will be invited to negotiate. The requests for participation of those candidates who do not provide enough information when they complete the obligatory registration form (available on the website specified in point I.3) and when they submit the indicated documents and proof, may be excluded.

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

The candidate must possess the economic and financial capacity required for the execution of the contract.

Minimum level(s) of standards possibly required:

Legal persons are required to provide enough information to make it possible for the Court of Justice to evaluate their financial situation and, in particular, proof that they are in possession of resources and financial means in order to guarantee a continuous and satisfactory service throughout the entire duration of the contract. For this reason, the candidate, who is a legal person, (in case of joint participation, the overall capacity of all members of the consortium) must provide the following documents:

— a copy of the balance sheet or extracts from the balance sheet and final accounts for the last 3 years, as well as every copy of the reports of the administrative board and of the external auditors, regarding these years.

If, for any exceptional reason that the contracting authority deems is justified, the candidate finds himself unable to provide one or more of the documents mentioned above, he may demonstrate his economic and financial capacity by means of any other document which the contracting authority deems appropriate. In any case, the contracting authority must at least be informed about the exceptional reason and about its justification in the request for participation. The contracting authority reserves the right to request any other document that makes it possible to verify the economic and financial capacity of the candidate.

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

Every natural person who is a candidate and every natural person engaged in the provision of the services involved must have the following minimum standards of professional capacity:

— a degree in Maltese law following a course of studies completed at university level that gives access to the exercise of one of the 3 legal professions in Malta (advocate [LL.D or Master in Advocacy], notary [Dip. Not. Pub. or Master in Notarial Studies], or legal procurator [Diploma of L.P. B.A. Socio-legal Studies, LL.B. with Diploma of Legal Procurator, Diploma of Legal Procurator]), or

— a law degree following a completed course of studies at university level in a Member State of the EU, as well as the certificate (warrant) that shows that the candidate has access to the exercise of a legal profession in Malta, or

— a university degree in any field other than legal, together with professional experience in the translation of legal documents of no less than two years,

— perfect command of Maltese and of the legal terminology in Maltese,

— good knowledge of the source language.

Requested information and formalities which will enable the evaluation of whether the requisites were satisfied:

— a copy of the university degree that shows the legal training requested,

— a copy of the university degree in a non-legal field, where this is the case,

— a detailed curriculum vitae,

— relevant documents or detailed information that can be verified and that show the professional experience of no less than two years in the translation of legal documents, where this is the case (e.g. a list of the principal services provided during these last 3 years),

— information regarding the perfect command of Maltese [learning method, qualification(s), professional experience],

— information regarding the good command of Polish.

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 the services performed pursuant to the framework contracts must be such as to enable the text to be used immediately, whether by publication or otherwise. Therefore, the contracting party must ensure:

— that services comply with the specific instructions provided by the Court of Justice,

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

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

— strict compliance with the legal terminology used in the reference documents (source language and target language),

— rigorous citation of the relevant legislative and/or judicial texts,

— the use of the legal data bases required (of the Union and national),

— the observance of the “Vade Mecum” of the Court of Justice (according to the case),

— delivery within the agreed deadline which is 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:
Maltese
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 tenders is permanent. The publication of a notice regarding a new contract is not foreseen before the lapse of 42 months from the date when the first framework contracts enter into force.

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

The signed requests for participation must be submitted by email (with the registration form signed and scanned) or by means of a postal letter (with the signed registration form).

On the basis of the evaluation of their capacities, the chosen candidates will be invited to submit a tender (at least 5 candidates for each lot, until the required number of candidates is reached to satisfy the selection criteria).

Since the call for tenders is a permanent one, unless the maximum number of contracting parties for the lot has been reached, throughout the duration of the contract an evaluation of new requests received after the closing date will be made, at regular intervals. Participation in this contract does not entail payment and therefore does not entitle the candidate/tenderer to request any form of financial compensation for the expenses incurred.

The selected candidates will be invited by means of an email to submit their tender, drawn up, for administrative reasons, in English or in French. However, the candidates or tenderers may request to send contract documents in any other official language of the European Union, if necessary.

The texts to be translated cover a range of legal subjects relating to the cases brought before the Court of Justice.

Texts vary as to their length as well as to the urgency with which translations are required. Examples of the texts that must be translated may be found on the Court of Justice website: http://www.curia.europa.eu.

The contracting parties may be requested to work on texts that were previously processed through a system of assisted translation. Successful tenderers will be required to state that they are prepared to familiarise themselves with this system if this is necessary for any specific task. If the successful tenderers are not willing to do so, they are waiving every right to receive tasks for which the familiarisation is required, regardless of their position in the Contracting Parties’ list.

The parts of texts that were previously translated entirely or partially, and provided to the contracting parties in the translation file, or separately, may be deducted from the total number of pages in line with the modalities indicated in the framework contract.

VI.4)Procedures for review
VI.4.1)Review body
General Court of the European Union
Rue du Fort Niedergrünewald
Il-Lussemburgu
L-2925
Luxembourg
Telephone: +352 4303-1
Fax: +352 43032100

Internet address: http://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:

A period of two months starting from the publication of the act, of its notification to the applicant or, failing this, of the day when it came to his knowledge, in conformity 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