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Services - 20-2016

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02/01/2016    S1

Luxembourg-Luxembourg: EIB - EIB Group joint external audit services

2016/S 001-000020

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Official name: European Investment Bank (EIB) and European Investment Fund (EIF) — together defined as the EIB Group
Postal address: 98–100, boulevard Konrad Adenauer
Town: Luxembourg
Postal code: 2950
Country: Luxembourg
For the attention of: Marie Hélène Armand/Lionel Zenner
E-mail: cs-procurement@eib.org
Telephone: +352 4379-1

Internet address(es):

General address of the contracting authority: http://www.eib.org

Electronic access to information: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=1221

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)Description
II.1.1)Title attributed to the contract by the contracting authority:
EIB Group joint external audit services.
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 9: Accounting, auditing and bookkeeping services

NUTS code LU000 Luxembourg (Grand-Duché)

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 years: 10
Justification for a framework agreement, the duration of which exceeds four years: Initial 5 years + option for a second term of 5 years (at the discretion of the contracting authority).
10-year maximum duration of contract aligned to term of joint audit engagement set out in Article 17(1) of Regulation (EU) No 537/2014 of the European Parliament and of the Council — 5 + 5-year period to allow amortisation of time and cost spent building up cumulative knowledge of the EIB Group's business, processes, systems, people, and risks.

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

Estimated value excluding VAT:
Range: between 9 150 000 and 11 150 000 EUR
Frequency and value of the contracts to be awarded: Estimated value for the 2 lots, for the initial 5 years, VAT excluding.
II.1.5)Short description of the contract or purchase(s)
EIB Group joint tender for external audit services.
The tender is for 2 lots, with separate contracts; 1 lot referring to services to be provided to the EIB (‘lot A’), and 1 lot (‘lot B’) referring to services to be provided to the EIF, whose majority shareholder is the EIB (61,4 % shareholding per register of EIF shareholders dated 7.9.2015).
No application template is available, please submit your application respecting the naming convention indicated in Sections III.2.2 and III.2.3 (documents A1 to A12).
A document named ‘Declaration regarding the exclusion criteria and the absence of conflict of interest’ and required in Section III.2.1 must be downloaded via the link indicated in Section I.1
Any requests for additional information should be addressed in writing by 21.1.2016 (23:59) at the latest exclusively via the e-tendering platform. Requests not submitted via the e-tendering platform will not be considered. The corresponding link is indicated in the contract notice, Section I, ‘Electronic access to information’. The e-tendering platform contains a questions/answers section permitting tenderers to send questions within the deadline specified above and consult the EIB Group replies.
The EIB Group will publish its replies on this platform at least 6 calendar days before the deadline for submission of applications.
II.1.6)Common procurement vocabulary (CPV)

79212000 Auditing services

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): no
II.1.8)Lots
This contract is divided into lots: yes
Tenders may be submitted for all lots
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
Options: no
II.2.3)Information about renewals
This contract is subject to renewal: yes
II.3)Duration of the contract or time limit for completion

Information about lots

Lot No: 1 Lot title: Lot A: External audit services for the EIB
1)Short description
Contract related to provision of external audit services to the EIB: includes an audit of the 3 sets of EIB financial statements and a review of the EIB semi-annual interim financial information, reviews of semi-annual and annual filings with the US Securities and Exchange Commission and annual filing with the Japanese Ministry of Finance (reported in Japanese), support for the EIB's various bond offerings in the international capital markets — including the issuance of comfort letters to underwriters/authorised requesting parties in connection with financial statements/financial statement schedules included in registration statements filed with the SEC, perform an assurance engagement on the sustainability report of the EIB Group, perform agreed upon procedures in relation to the tax withheld on salaries, pensions and other emoluments paid by the European Investment Bank to the European Commission, perform audit or assurance-related services for mandated operations, facilities and funds administered by the EIB on behalf of third parties.
2)Common procurement vocabulary (CPV)

79212000 Auditing services

3)Quantity or scope
Estimated cost for the initial 5 years.
Estimated value excluding VAT:
Range: between 6 000 000 and 8 000 000 EUR
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots
Lot No: 2 Lot title: Lot B: External audit services for the EIF
1)Short description
Perform an audit (and express an opinion thereon) of: the financial statements of European Investment Fund, the group consolidation packages submitted by the European Investment Fund to the European Investment Bank for the consolidated EIB Group financial statements, the financial statements of mandates managed by the European Investment Fund on behalf of the European Union represented by the European Commission, the financial statements of mandates managed by the European Investment Fund on behalf of third parties and provide other audit-related services including relevant audit opinion either for the EIF or when required in the context of the administration of mandates by the EIF on behalf of other parties.
2)Common procurement vocabulary (CPV)

79212000 Auditing services

3)Quantity or scope
Estimated cost for the initial 5 years.
Estimated value excluding VAT: 3 150 000 EUR
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

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:
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Should a grouping (consortium) be awarded the contract, the EIB Group may require that it adopt a legal form prior to contract signature. All members of the grouping will be jointly and severally liable for performance of the contract. The grouping will be represented by 1 tenderer who will act as its sole spokesperson.
Tenderers must obtain all relevant licences needed to perform the services described before the assignment commences and must, throughout the entire assignment period, comply with all laws and provisions in force.
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
Information and formalities necessary for evaluating if the requirements are met: Candidates will be excluded from the present procedure if any of the exclusion criteria stipulated in Article 45 of Directive 2004/18/EC of the European Parliament and of the Council of 31.3.2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts applies to them.
By signing the ‘Declaration regarding the exclusion criteria and the absence of conflict of interest’ downloadable via the link indicated in Section I.1 ‘Electronic access to information’ of this contract notice, candidates and, where applicable, each member of a consortium declare that they are not in 1 or more of the situations stipulated in Article 45 of Directive 2004/18/EC of the European Parliament and of the Council of 31.3.2004.
The winner (where applicable, each member of a consortium) will have to provide the following documents, 30 days prior to the signing of the contract:
— extract(s) from the relevant judicial record(s) or, failing that, any equivalent document(s) issued by a judicial or administrative authority of the country where the candidates and subcontractors are incorporated,
— the certificates issued by the relevant authorities on payment of taxes and social security contributions in the country in which the candidates and subcontractors are incorporated. If the country concerned does not issue certificates of this kind, they may be substituted by a sworn statement or solemn declaration before a competent legal or administrative authority, notary or other qualified professional body in that country.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: To allow the economic and financial capacity of candidates to be assessed, the following specific information should be provided in the response to this notification:
Requirement: the tenderer must have for each of the past 3 financial years, for which accounts have been closed, an average annual turnover of at least 15 000 000 EUR excluding VAT (from the office of the audit firm from which these services would be sourced).
Proof of the above is to be provided by:
a) copies of the balance sheets and economic out-turn (profit and loss) statements covering at least the last 3 years for which accounts have been closed where publication of them is required under the company law of the country in which the economic operator is established. These documents must be produced and/or certified by certified auditors or similar operators or as required by the law of the country where the economic operator is established (document A1);
b) if the tenderer is unable to provide the aforementioned documents at the tender stage, e.g. if publication of these is not required under the company law of the country in which the economic operator is established, etc., other documentation, proving the stable financial position may be acceptable. Such other proof may be a letter/statement by certified auditors confirming the required financial data or the financial stability of the respective economic operator (document A2).
Minimum level(s) of standards possibly required: Average annual turnover of at least 15 000 000 EUR excluding VAT (from the office of the audit firm from which these services would be sourced).
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
To allow the technical and professional capacity of candidates to be assessed, evidence in support of the following specific requirements should be provided in the response to this notification:
1. Requirement: tenderers must prove sufficient technical and professional capacities with a minimum relevant experience of at least 10 years, by the deadline for submission of applications, in providing the services as stated in the description of the contract notice above (please refer to Section II.1.5 of the contract notice) and a minimum number of audit staff of 120.
Proof of the above is to be provided by:
a) a brief history of the company, including length of time in business, overall size (staff numbers) and description of activities relating to the services of the type described in this contract notice (by the office of the audit firm from which these services would be sourced) (document A3);
b) a list of the main contracts achieved in the past 3 years (by the office of the audit firm from which these services would be sourced); specifying the value, dates and recipients of the services provided and the specific and detailed tasks performed by the tenderer relating to the services of the type described in this contract notice (document A4);
c) 2 reference contacts (name, position, address) for similar contracts undertaken in the last 3 years (by the office of the audit firm from which these services would be sourced) (document A5).
2. Requirement: tenderers must prove that an established system of internal quality control is in place in order to oversee that the tenderer and its personnel comply with professional standards and applicable legal and regulatory requirements and that reports issued by the tenderer or engagement partners are appropriate in the circumstances.
Proof of the above is to be provided by:
a) a description of the system of the quality assurance programme with regards to independent and peer review mechanisms, engagement quality assurance procedures and policies and continuing professional education programmes (document A6).
3. Requirement: in relation to lot A, tenderers must be part of a network which has a presence in all major international financial centres, including Japan and United States, and be able to provide written assurance in these major financial centres. This includes the capability to issue comfort letters in relation to the Bank's activity on the international capital markets and associated regulatory filings.
Proof of the above is to be provided by:
a) a list of the tenderer's representations in major financial centres including Japan and United States (document A7).
4. Requirement: tenderers must have, by the deadline for submission of applications, an office in Luxembourg and be registered as an approved audit firm (‘Réviseur d'Entreprise agréé’) with the CSSF in accordance with the law of 18.12.2009 on the audit profession, the competent authority for the public oversight of the audit profession, or
if established outside of Luxembourg, tenderers must indicate the office from which the services are to be provided, which should be staffed to ensure availability (within 24 hours) in Luxembourg as required throughout the year, and must be registered as an approved audit firm by the competent authority for the public oversight of the audit profession in the country within which the tenderer is located.
Proof of the above is to be provided by:
a) extract from the public register of the CSSF, the competent authority for the public oversight of the audit profession in Luxembourg, demonstrating the registration of the tenderer as an approved audit firm (document A8); or
extract from the public register of the competent authority for the public oversight of the audit profession in the country within which the tenderer is located, demonstrating the registration of the tenderer as an approved audit firm (document A8);
b) a brief summary of arrangements for ensuring availability of staff throughout the year in Luxembourg from the office from which services will be provided (document A9).
5. Requirement: the tenderer must be of excellent professional repute and hold professional indemnity insurance in respect of all civil liability incurred in connection with the conduct of the tenderer's business.
Proof of the above is to be provided by:
a) a self-declaration attesting that there exists no pending litigations against the audit firm or its partners at the office from which these services would be sourced, or a brief summary of pending litigations/litigations concluded against the audit firm or its partners at the office from which these services would be sourced over the past 3 years (2013, 2014, 2015) (document A10);
b) a certificate confirming the existence of professional indemnity insurance covering the office of the audit firm from which these services would be sourced (document A11);
6. Requirement: the EIB Group maintains a policy that the external auditor may not provide non-audit related services to the EIB Group. As such the appointed firm would be expected to cease the provision of non-audit services to the EIB Group upon signature of the contract.
In addition tenderers will be asked to confirm that in 2016 they will not provide to the EIB Group the services defined in Article 5(e) of Regulation (EU) No 537/2014 of the European Parliament and of the Council.
Proof of the above is to be provided by:
a) a self-declaration attesting that the audit firm, including all offices within its network, has not and will not provide to the EIB Group in 2016 services related to the ‘designing and implementing internal control or risk management procedures related to the preparation and/or control of financial information or designing and implementing financial information technology systems’ as set out in Article 5(e) of Regulation (EU) No 537/2014 of the European Parliament and of the Council (document A12).
Minimum level(s) of standards possibly required:
1. Minimum relevant experience of at least 10 years and a minimum number of audit staff of 120.
2. Established system of internal quality control.
3. Presence in all major international financial centres, including Japan and United States.
4. Office in Luxembourg or ensuring availability within 24 hours in Luxembourg.
5. Excellent professional repute and hold professional indemnity insurance.
6. Accept EIB Group policy that the external auditor may not provide non-audit services to the EIB Group and may not provide to the EIB Group in 2016 services set out in Article 5(e) of Regulation (EU) No 537/2014 of the European Parliament and of the Council.
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: Réviseur d'Entreprises Agréé.
III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Restricted
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged number of operators: 5
Objective criteria for choosing the limited number of candidates: Max. 5 eligible candidates will be shortlisted for each lot provided a sufficient number of admissible applications has been received. Shortlisted candidates will be invited to submit detailed joint tenders for this contract. If more than the maximum number of eligible candidates meets the selection criteria, the relative strengths and weaknesses of the applications of these candidates will be ranked to identify the foreseen maximum number of best applications for the tender procedure. The only factors which will be taken into consideration during this ranking are, in order of precedence: 1) the number of main contracts achieved in the past 3 years (2013, 2014, 2015) which comply with the requirements of criterion 1(b) in Section III.2.3) above; 2) the cumulative value of main contracts listed which comply with the requirements of criterion 1(b) in Section III.2.3) above; 3) in relation to lot A, the number of representations in major financial centres listed which comply with the requirement of criterion 3(a) in Section III.2.3) above.
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:
LZ-1267.
IV.3.2)Previous publication(s) concerning the same contract
no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate
12.2.2016 - 23:59
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
English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
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

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://curia.europa.eu

VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:
23.12.2015