Section II: Object of the contract
II.1.1)Title attributed to the contract by the contracting authority:
Legal advice in the field of IP.
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.
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
Duration of the framework agreementDuration in months: 48
Estimated total value of purchases for the entire duration of the framework agreementEstimated value excluding VAT:
Range: between 1 500 000 and 2 000 000 EUR
II.1.5)Short description of the contract or purchase(s)
The work is that of a lawyers firm in the field of intellectual property, and consist of giving legal advice and legal assessment of risks on all IP matters, including litigation before the Courts.
II.1.6)Common procurement vocabulary (CPV)
79120000 Patent and copyright consultancy services, 79111000 Legal advisory services
II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): no
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
This contract is subject to renewal: yes
Number of possible renewals: 1
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 24 (from the award of the contract)
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:
To be specified in the tender documents which will be made available only to the selected candidates.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
To be specified in the tender documents which will be made available only to the selected candidates.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Economic operators can submit a request to participate either as a sole candidate or as partners in a consortium (with or without legal personality). In either case subcontracting is permitted.
The candidate must clearly specify the role of each economic operator — as a sole candidate, as a partner in a consortium or subcontractor. This also applies where the entities involved belong to the same economic group.
Each partner in a consortium assumes joint and several liability towards the contracting authority for implementation of the contract and will become a party to the contract if the consortium's tender is successful. The consortium shall nominate 1 legal entity ('the leader') who will have full authority to bind the consortium and each of its members during contract execution and will be responsible for the administrative management of the contract (invoicing, receiving payments, etc.) on behalf of all other partners.
Subcontracting is the situation where the contractor enters into legal commitments with other legal entities which will perform part of the contract on its behalf. The contractor retains full liability towards the contracting authority for implementation of the contract. Freelancing, drawing on the activities or staff of any other entirely different legal entity than the contractor, qualifies as subcontracting, independently of the applicable national law.
Candidates must identify all subcontractors on whose capacities they rely to meet the minimum capacity levels under headings III.2.2 and III.2.3.
Subcontractors must provide a letter of intent stating their willingness to participate in the performance of the contract. During contract execution any change of subcontractors will be subject to prior written approval of the contracting authority.
A sole candidate or a consortium may also rely on the capacities of other entities for meeting the minimum capacity levels under headings III.2.2 and III.2.3, regardless of the legal nature of the links which it has with them. If so, it must prove to the contracting authority that it will have the resources necessary for performance of the contract at its disposal, for example by providing an undertaking on the part of those entities. Reliance on the capacities of a third party which is a different legal entity from the sole candidate or the consortium members, even though it is part of the same economic group, is considered subcontracting for the purposes of the procedure. If the contract is awarded to a tenderer relying on a third party to provide more than 25 % of the minimum requirements for technical capacity listed under heading III.2.3, the contracting authority will require that the third party sign the contract and become jointly liable for its execution together with the tenderer.
The role and tasks of each consortium partner and identified subcontractors must be clearly specified in the request to participate. The cover letter must give the name of the candidate (including all partners in the case of a consortium) and subcontractor(s), including third parties on whose capacities the candidate relies, and the name of the single contact person in relation to this procedure. For consortia the cover letter must be signed by each partner, or by a partner duly authorised to sign the request to participate, the tender and the contract on behalf of all partners. In the latter case authorisation can be, for instance, in the form of a power of attorney, a letter of intent or a consortium agreement.
Candidates (all partners in the case of a consortium) must also provide a legible copy of the notice of appointment of the persons authorised to represent the candidate in dealings with third parties and in legal proceedings, or a copy of the publication of such appointment if the legislation which applies to the legal entity concerned requires such publication. Any delegation of this authorisation to another representative not indicated in the official appointment must be evidenced.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: no
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if the requirements are met: 1. Exclusion criteria:
Candidates will not be eligible to take part in this procedure if they are in any of the exclusion situations listed in Articles 106 and 107 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25.10.2012. Candidates (including consortium partners) and subcontractors identified as per heading III.1.3 shall sign the declaration on honour (available on the contracting authority's website indicated in heading I.1) to declare that they are not in any of these situations.
Upon request of the contracting authority the successful tenderer (including all partners in the case of a consortium) and all subcontractors identified by the tenderer in accordance with III.1.3 shall provide the supporting documents listed in Article 143(3) of Commission Delegated Regulation (EU) No 1268/2012 of 29.10.2012.
2. Selection criteria:
Candidates (all partners in the case of a consortium) shall prove that they have the legal capacity to perform the contract by providing a certificate of registration in the relevant trade or professional register in their country of establishment/incorporation. If the candidate is not required or allowed to register in such a register for reasons related to its statute or legal status, the contracting authority may accept, as satisfactory evidence, a sworn declaration or certificate, membership of a specific organisation, express authorisation, or entry in the VAT register.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: Candidates must have sufficient economic and financial capacity to perform the contract.
The following evidence must be provided by each candidate (each partner in the case of a consortium) and each subcontractor on whose capacities the candidate relies for meeting the minimum capacity level for economic and financial ability:
(1) copy of financial statements (balance sheets, profit and loss accounts and any other related financial information) for the past 3 financial years for which accounts have been closed, published and/or audited or, where publication/auditing is not required under the law of the country in which the economic operator is established, self-certified as exact and sincere by the duly authorised representative. If the provided documents show a net loss in any of the requested years, the economic operator must furnish another document as proof of its financial and economic capacity, such as appropriate bank references or a letter/statement by certified auditors attesting to the economic operator's financial stability, proof of professional risk insurance, or an appropriate guarantee from a third party (e.g. the parent company);
(2) a statement as to the economic operator's annual turnover and the annual turnover in the field covered by the contract, over the past 3 financial years for which accounts have been closed.
If, for some exceptional reason which the contracting authority considers justified, an economic operator is unable to produce the references required above, he may prove his economic and financial capacity by any other document which the contracting authority considers appropriate. In any case, the contracting authority must at least be notified of the exceptional reason and justification must be provided. The contracting authority reserves the right to request any other document enabling it to verify the economic operator's economic and financial capacity or to seek additional information and/or clarifications by any appropriate means (websites, official bodies, etc.).
The contracting authority may waive the obligation of an economic operator to submit the documentary evidence referred to above if such evidence has already been submitted to it for the purposes of another procurement procedure and provided that it complies with the requirements of the present call for tenders. In such a case, the economic operator shall provide reference to the contract and Commission service for which the evidence has been provided.
Minimum level(s) of standards possibly required: As regards heading III.2.2(2), the company annual turnover (relating to similar services of the subject of this invitation to tender) for each of the past 3 years must have been no less than: 600 000 EUR/year.
This minimum will be assessed in relation to the candidate as a whole, including the combined capacities of all partners in the case of a consortium and all subcontractors.
Information and formalities necessary for evaluating if the requirements are met:
Tenderers will provide sufficient information to satisfy the Commission that they have the technical capacity and experience to perform the work that is the subject of this invitation to tender.
Tenderers must satisfy all the criteria below:
a) candidates must be ISO 9001:2008 certified or equivalent. In the case of a consortium, at least 1 member of the consortium needs to comply with this requirement;
b) the candidate must have 1 permanent establishment (or the partners in the consortium must be permanently established) in at least 5 different EU countries;
c) the candidate must designate a contract manager responsible for overseeing the successful management of the contract. The contract manager will be the only point of contact with the contracting authority for all operational, organisational and administrative aspects;
d) for each of the 5 different EU countries determined in point b, the candidate must demonstrate to have a team of at least 5 members that will be in charge of the provision of the service.
Minimum level(s) of standards possibly required:
e) as regards point III.2.3) d), candidate(s) must demonstrate that:
e1) at least 4 team members have a law degree and at least 2 years of experience in the field of intellectual property;
e2) at least 3 team members are authorised to represent clients before the corresponding national and/or European Courts;
e3) at least 2 team members are senior lawyers and should demonstrate to have a minimum of 7 years' experience in the field of IP, including representation of clients before the corresponding national and/or European Courts;
e4) the lawyers' team members should demonstrate being able to operate in English with an ability of the language equivalent to C1 in the CEFR scale;
f) as regards point III.2.3) c), the contract manager must be a senior lawyer and should demonstrate to have a minimum of 7 years' experience in the field of IP, including representation of clients before the corresponding national and/or European Courts and should demonstrate being able to operate in English with an ability of the language equivalent to C1 in the CEFR scale.
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: yes
Reference to the relevant law, regulation or administrative provision: As described in heading III.2.3).
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
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.3.1)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