Services - 1544-2017
04/01/2017    S2

Luxembourg-Luxembourg: Conclusion of multiple framework contracts for the translation of legal texts from certain official languages of the European Union into Danish

2017/S 002-001544

Contract notice

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Court of justice of the European Union
Postal address: plateau de Kirchberg (bureau T/3186)
Town: Luxembourg
NUTS code: LU000 Luxembourg (Grand-Duché)
Postal code: 2925
Country: Luxembourg
E-mail: FreelanceDA@curia.europa.eu
Internet address(es):
Main address: www.curia.europa.eu
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: http://curia.europa.eu/jcms/jcms/Jo2_10741/da/
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 multiple framework contracts for the translation of legal texts from certain official languages of the European Union into Danish.

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

The contract covers 7 lots (cf. section II.2). All the lots are permanent, so that new requests to participate may be accepted at any time during the performance of the contract. The framework contracts will be awarded by lot. The framework contracts will be for a term of 1 year, renewable by tacit agreement for up to 3 further periods of 1 year. The maximum number of framework contracts to be concluded for each lot is specified. A classification list of contractors will be drawn up on the basis of the award criteria. Basically, that list will determine the initial order in which, in the light of their output capacity and possible fields of specialisation, contractors will be contacted in order to be offered assignments. The classification will be periodically reviewed so that it reflects the actual quality of the services provided. During performance of the contract, the classification may 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: 6 000 000.00 EUR
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for all lots
II.2)Description
II.2.1)Title:

EN

Lot No: 1
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg (Grand-Duché)
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from English into Danish. The maximum number of framework contracts concluded for this lot will be 50. 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: 50
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

In 2015, the average price for this lot was 49,47 EUR (total price per standard page of 1 500 characters without spaces in the source language, including all costs). The Court reserves the right to reject tenders that are disproportionately high.

II.2)Description
II.2.1)Title:

FR

Lot No: 2
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg (Grand-Duché)
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from French into Danish. The maximum number of framework contracts concluded for this lot will be 50. 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: 50
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

In 2015, the average price for this lot was 53,72 EUR (total price per standard page of 1 500 characters without spaces in the source language, including all costs). The Court reserves the right to reject tenders that are disproportionately high.

II.2)Description
II.2.1)Title:

DE

Lot No: 3
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg (Grand-Duché)
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from German into Danish. The maximum number of framework contracts concluded for this lot will be 50. 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: 50
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

In 2015, the average price for this lot was 57,14 EUR (total price per standard page of 1 500 characters without spaces in the source language, including all costs). The Court reserves the right to reject tenders that are disproportionately high.

II.2)Description
II.2.1)Title:

IT

Lot No: 4
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg (Grand-Duché)
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from Italian into Danish. The maximum number of framework contracts concluded for this lot will be 50. 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: 50
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

In 2015, the average price for this lot was 53,10 EUR (total price per standard page of 1 500 characters without spaces in the source language, including all costs). The Court reserves the right to reject tenders that are disproportionately high.

II.2)Description
II.2.1)Title:

ES

Lot No: 5
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg (Grand-Duché)
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from Spanish into Danish. The maximum number of framework contracts concluded for this lot will be 50. 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: 50
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

In 2015, the average price for this lot was 54,81 EUR (total price per standard page of 1 500 characters without spaces in the source language, including all costs). The Court reserves the right to reject tenders that are disproportionately high.

II.2)Description
II.2.1)Title:

NL

Lot No: 6
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg (Grand-Duché)
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from Dutch into Danish. The maximum number of framework contracts concluded for this lot will be 10. 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: 10
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

In 2015, the average price for this lot was 69,91 EUR (total price per standard page of 1 500 characters without spaces in the source language, including all costs). The Court reserves the right to reject tenders that are disproportionately high.

II.2)Description
II.2.1)Title:

PL

Lot No: 7
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg (Grand-Duché)
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from Polish into Danish. The maximum number of framework contracts concluded for this lot will be 50. 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: 50
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

The Court reserves the right to reject tenders that are disproportionately high.

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 tender procedure is open on the same terms to all natural and legal persons covered by the treaties establishing the European Union, and to all natural and legal persons resident in a third country with which the European Union has signed a special agreement on public procurement under the conditions laid down in this agreement. Candidates must indicate the State in which they are resident and provide the necessary evidence in accordance with its national legislation.

Therefore, candidates must sign a declaration on their honour (which is available at the Internet address given in point I.3) concerning the exclusion and selection criteria, to the fact that they are not in any of the situations referred to in Article 106 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council.

In case the candidate is not a natural person, these exclusion criteria apply to the candidate and any service providers engaged by the candidate.

The following information must also be provided:

* in the case of candidates other than natural persons:

— indication and evidence of the place of establishment,

— 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,

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

* In the case of candidates who are natural persons:

— declaration 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 make their evaluation complete, accurate and as rapid as possible, permitting the selection of the candidates who will be invited to submit a tender. Candidates who have not provided sufficient information, by filling out the mandatory registration form available at the Internet address specified in point I.3 above and attaching the documents and evidence indicated, may have their request to participate rejected.

The number of copies of the request must correspond to the number of lots to which it relates, and the information necessary for the evaluation of the candidate's capacities must be provided in relation to each lot.

Candidates whose framework contract for the same lot has been terminated by the Court for lack of quality may also be excluded from participating in the contract for the lot concerned.

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

the candidate must possess the necessary economic and financial standing to perform the contract.

Minimum level(s) of standards possibly required:

the information provided by legal persons must be sufficient to enable the Court to assess their financial situation and in particular the evidence that they have the necessary resources and financial means required to ensure the provision of continuous and satisfactory performance throughout the duration of the contract. Therefore, candidates who are legal persons (in the case of a joint request to participate, the total capacity of the consortium members), must provide the following evidence:

— copies of accounts or extracts from balance sheets for the last 3 financial years, including a copy of the directors' and the auditor's report concerning those financial years, if available.

If for a special reason which the contracting authority considers justified, the candidate is unable to provide any of the above documents, he may prove his economic and financial standing by any other document which the contracting authority considers appropriate. The contracting authority must in all cases be informed of the specific reason and the justification therefor in the request to participate. The contracting authority reserves the right to request any other document enabling it to verify the candidate's economic and financial standing.

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

I. Specific requirements for the individual lots:

(a) English, French and German:

any natural or legal person and individual engaged in the provision of the services covered by the contract must meet the following minimum standards of professional capacity:

— a degree in law or its equivalent, or

— a higher education in linguistics of a duration of a minimum of 3 years, and

— 2 years' experience of translating legal texts, or

— 4 years' experience of translating non-legal texts.

(b) Italian, Spanish, Dutch and Polish:

any natural or legal person and individual engaged in the provision of the services covered by the contract must meet the following minimum standards of professional capacity:

— a degree in law or its equivalent, or

— a higher education in linguistics of a duration of a minimum of 3 years, and

— 1 year's experience of translating legal texts, or

— 2 years' experience of translating non-legal texts.

II. Common conditions and requirements for evidence

For all the lots, the following requirements must also be met:

— good knowledge of the source language (for each lot) to be demonstrated by providing relevant evidence.

Any experience of translating legal and/or non-legal texts that has been adequately evidenced (e.g. by providing a list of completed tasks with the corresponding invoices, statements from recipients of the services, etc.) will be taken into consideration.

Copies of relevant diplomas and a detailed curriculum vitae attached to the application.

Emphasis will be on perfect command of Danish and Danish legal terminology.

III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

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

— compliance with the specific instructions provided by the Court,

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

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

— strict use of the legal terminology used in the reference documents (source and target languages),

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

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

— compliance with the 'Vade Mecum' of the Court (where applicable),

— delivery within the period agreed and specified in the order form.

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: 310
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: 13/02/2017
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:
Danish

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 requests to participate is permanent. A new contract notice is expected to be published at the latest 42 months after the first framework agreements have entered into force.

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

Signed requests to participate may be sent to the Court by e-mail (signed and scanned application form to be attached) or by letter (signed application form). Links to an online document storage shall not be acceptable.

On the basis of the evaluation of their capacities, the candidates judged to be the most suited to performing the contract will be invited to submit tenders (a minimum of 5 candidates per lot, provided that a sufficient number of candidates satisfy the selection criteria). In determining the capability of any candidate satisfying the selection criteria, training in law is taken into account in priority to any other factor.

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

The selected candidates will be invited to submit a tender by e-mail written in either English or French.

The subject matter of the texts to be translated concern the jurisdictions covered by the cases submitted to the Court. The length of the texts and the deadlines within which the texts are to be translated vary. Examples of the texts to be translated are available on the website of the Court: http://www.curia.europa.eu

Co-contractors may be asked to work on texts that were previously treated in a system designed to assist in the translation. The selected tenderers are asked to declare that they are prepared to learn this system, should it become necessary. If they are not prepared to do so, they waive their option, regardless of their ranking on the list, to receive translation jobs for which knowledge of this system is required.

Previously fully or partially translated paragraphs delivered to the contractor separately or in the document to be translated, will be deducted from the page count in accordance with the instructions in the framework agreement.

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://www.curia.europa.eu
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

within 2 months from publication of the measure, or of its notification to the plaintiff or, in the absence thereof, of the day on which it came to the knowledge of the latter, in accordance with Article 263 TFEU.

VI.5)Date of dispatch of this notice:
16/12/2016