Services - 195730-2016

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09/06/2016    S110

Belgium-Brussels: Framework contract on legal compliance assessment and legal services in the area of migration and home affairs

2016/S 110-195730

Contract notice


Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

Official name: European Commission, Directorate-General for Migration and Home Affairs, Directorate E: Migration and Security Funds
Postal address: LX-46 5/121
Town: Brussels
Postal code: 1049
Country: Belgium
For the attention of: Mr Matthias Oel
Fax: +32 22979590

Internet address(es):

General address of the contracting authority:

Further information can be obtained from:
The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from:
The above mentioned contact point(s)

Tenders or requests to participate must be sent to:
The above mentioned contact point(s)

I.2)Type of the contracting authority
European institution/agency or international organisation
I.3)Main activity
General public services
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1.1)Title attributed to the contract by the contracting authority:
Framework contract on legal compliance assessment and legal services in the area of migration and home affairs.
II.1.2)Type of contract and location of works, place of delivery or of performance
Service category No 21: Legal services
Main site or location of works, place of delivery or of performance: Contractor's premises.
NUTS code
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement
Framework agreement with a single operator

Duration of the framework agreement

Duration in months: 48

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT: 5 000 000 EUR
II.1.5)Short description of the contract or purchase(s)
To provide DG Migration and Home Affairs with timely evidence-based services of an intellectual nature to support its compliance assessment activities, and to provide legal consultancy services in relation to ad hoc queries which may arise throughout the duration of the contract. The required services may cover not only the EU Member States, but also all third countries participating in the Schengen area and not being EU MS.
II.1.6)Common procurement vocabulary (CPV)

79111000 Legal advisory services, 79400000 Business and management consultancy and related services

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
This contract is divided into lots: no
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
II.2.2)Information about options
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
As indicated in the framework contract, point I.6.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
III.1.4)Other particular conditions
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: The tenderer must have the necessary economic and financial capacity to perform this contract until its end. In order to prove their capacity, the tenderer must comply with the following selection criteria:
— criterion F1: turnover of the last 2 financial years above 2 000 000 EUR; this criterion applies to the tenderer as a whole, i.e. the combined capacity of all members of a group in the case of a joint tender,
— criterion F2: ratio between assets and liability above 1:1; this criterion applies to each member of the group in the case of a joint tender as well as any subcontractor declared as delivering at least 20 % of the services.
Evidence to be provided with the tender:
— the completed ‘simplified balance sheet’ and ‘simplified profit and loss account’ completed for the last 2 years (Annex 2), and
— a copy of the profit and loss accounts and balance sheet for the last 2 years for which accounts have been closed from each concerned legal entity.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
Criterion A1: the tenderer must prove experience in the field of legal research and legal compliance assessment.
Evidence A1: the tenderer must provide references for at least 3 projects delivered in this field in the last 3 years with a minimum value for each project of 100 000 EUR.
Criterion A2: the tenderer must prove expertise in the policy areas (see point 2.1) under the responsibility of DG Migration and Home Affairs.
Evidence A2: the tenderer must provide references: at least 3 projects delivered in the last 3 years with a minimum value for each project of 15 000 EUR.
Criterion A3: the tenderer must prove capacity to draft reports in English.
Evidence A3: the tenderer must provide 1 document of at least 10 pages (report, study, etc.) in this language that it has drafted and published or delivered to a client in the last 2 years. The verification will be carried out on 5 pages of the document.
The team delivering the service should include, as a minimum, the following profiles.
Evidence will consist of CVs of the team responsible for delivery of the service. Each CV should indicate the intended function in delivery of the service.
B1 — project director(s): at least 12 years of professional experience as project director in project management and covering at least 10 EU Member States. The professional experience shall include the overall responsibility for quality control and the continuity of service in case the contractor is in charge of several specific assignments running in parallel.
Evidence: 1 CV.
B2 — project manager(s): at least 6 years' experience in project management as project manager in similar projects in terms of size (at least 100 000 EUR) and coverage (geographical scope of at least 10 Member States). A project back-up manager with the same profile should also be provided in the tender. Project manager(s) must have EN native language level as guaranteed by a certificate or relevant past.
Evidence: 2 CV.
B3 — senior legal analyst(s): relevant higher education degree in law (Masters and/or PhD) and at least 6 years of legal professional experience, of which at least 3 years of experience in EU affairs. The senior legal analyst may also be a national legal expert.
Evidence: at least 1 CV.
B4 — country expert with legal background for each Member State (at least 28 experts) and country expert for Schengen participating countries which are not MS (at least 4 experts). Relevant higher education degree in law (Masters and/or PhD) and 3 years of legal professional experience in the country proposed for assessment. NB: 1 country expert can be proposed to cover several countries provided that he/she can justify a minimum of 3 years of legal professional experience in each additional country.
Evidence: minimum of 32 CVs.
B5 — junior legal analyst(s): relevant higher education degree in law (Masters and/or PhD) and 3 years of legal professional experience — junior legal analysts may not be country experts.
Evidence: at least 5 CVs.
B6 — English drafting skills — at least 1/3 of the proposed team members must be English native speakers or have equivalent knowledge (C2 level).
Evidence: a language certificate or past relevant experience.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: yes

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
IV.3.2)Previous publication(s) concerning the same contract
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
Any EU official language
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders
Date: 29.7.2016


European Commission, DG Migration and Home Affairs, rue du Luxembourg 46, 1049 Brussels, BELGIUM.

Persons authorised to be present at the opening of tenders: yes
Additional information about authorised persons and opening procedure: A maximum of 2 representatives per tender.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Body responsible for mediation procedures

Official name: European Ombudsman
Internet address:

VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained

Official name: General Court of the Court of Justice of the European Union
Town: Luxembourg
Postal code: 2925
Internet address:

VI.5)Date of dispatch of this notice: