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Services - 194653-2018

05/05/2018    S87

Luxembourg-Luxembourg: EIB - Legal Services for the New Building Project

2018/S 087-194653

Contract notice

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: European Investment Bank
Postal address: 98-100 Boulevard Konrad Adenauer
Town: Luxembourg
NUTS code: LU000 Luxembourg (Grand-Duché)
Postal code: L-2950
Country: Luxembourg
Contact person: CS Procurement
E-mail: CS-procurement@eib.org
Telephone: +352 43791
Internet address(es):
Main address: http://www.eib.org
Address of the buyer profile: http://www.eib.org/about/procurement/index.htm
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=3479
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:

Legal Services for the New Building Project

Reference number: LZ-1479
II.1.2)Main CPV code
79100000 Legal services
II.1.3)Type of contract
Services
II.1.4)Short description:

The European Investment Bank is conducting an open procurement procedure in order to establish a multi-operator framework agreement for the provision of legal advisory services to the EIB in respect of the design, procurement, building and contract management phases of the building projects at the EIB Campus in Luxembourg and, in particular, the new building project.

II.1.5)Estimated total value
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.2)Additional CPV code(s)
79111000 Legal advisory services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg (Grand-Duché)
II.2.4)Description of the procurement:

Range of services (non-exhaustive list):

— assistance, advice, and monitoring of existing contractual documents (e.g. contracts /agreements, amendments, settlement agreements, etc.),

— assistance, advice, drafting, and monitoring of future contractual documents, (e.g. contracts /agreements, amendments, settlement agreements, etc.),

— advice and assistance for any and all phases of tendering procedures in accordance with the EIB’s corporate & technical assistance procurement guide, which is largely based on Directive 2014/24/EU on public procurement, including drafting procurement documents, responding to supplier queries, tender evaluation, etc.,

— integration of standards defined by the European Union into the contracts (e.g. socially responsible public procurement, green public procurement; ethics),

— advice and assistance on property and construction law,

— legal advice on authorisation procedures and permits where necessary,

— legal risk analysis, strategy and monitoring of contracts,

— legal risk management, e.g. guarantee deposits, insurance policies,

— assistance and legal advice for contract negotiations,

— legal advice and assistance in the context of dispute resolution or litigation, e.g. claim management, conciliation, representation in national courts and /or arbitration proceedings,

— advice and legal assistance for the termination of contracts,

— assessment, comments, advice and assistance in addressing documents submitted by the service providers and works contractors, e.g. letters, schedules, specifications, and

— legal advice for the definition and application of contractual procedures, e.g. payment, insurance policies, guarantees, and bankruptcy and insolvency.

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: 60
This contract is subject to renewal: yes
Description of renewals:

At the request of the bank, the term of this agreement may be extended by 2 additional periods of 1 year each.

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

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
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.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:

The joint representative of the tenderer must be authorised to deliver legal services under Luxembourg law in accordance with “Loi du 10 Août 1991 sur la profession d'avocat”. All other group members and/or subcontractors are not required to meet this rule.

III.2.2)Contract performance conditions:

As stated in the procurement documents.

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
Open 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: 2
In the case of framework agreements, provide justification for any duration exceeding 4 years: Duration linked to the planned duration of the New Building Project (currently estimated for March 2023) and renewal reserved to cater for any potential delays and/or contractor claims.
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: 28/05/2018
Local time: 23:59
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:
English
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
Date: 31/05/2018
Local time: 14:00
Information about authorised persons and opening procedure:

Upon request, the written record of the opening of the tenders will be provided to economic operators who submitted a tender.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.3)Additional information:

The services covered by the proposed framework agreement are legal services within the meaning of Article 74 and Annex XIV of Directive 2014/24/EU (contracts for social and other specific services). The bank is therefore following a bespoke open procedure (more particularly described in the procurement documents) in accordance with the EIB Corporate and technical assistance procurement guide whereby any interested economic operator may submit a tender. The standard tendering timelines do not apply.

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: L-2925
Country: Luxembourg
E-mail: GeneralCourt.Registry@curia.europa.eu
Telephone: +352 43031
Fax: +352 43032100
Internet address: http://curia.europa.eu
VI.5)Date of dispatch of this notice:
24/04/2018