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Services - 203754-2017
30/05/2017    S102

Belgium-Brussels: Auctioning of emission allowances and carbon market oversight

2017/S 102-203754

Contract notice

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: European Commission, Directorate-General for Climate Action, SRD.2 — Finance
Postal address: BU-9 01/005
Town: Brussels
NUTS code: BE BELGIQUE-BELGIË
Postal code: 1049
Country: Belgium
E-mail: clima-tenders@ec.europa.eu
Internet address(es):
Main address: http://ec.europa.eu/clima/tenders/index_en.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=2542
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:

Auctioning of emission allowances and carbon market oversight.

Reference number: CLIMA.B.1/FRA/2017/0009.
II.1.2)Main CPV code
79000000 Business services: law, marketing, consulting, recruitment, printing and security
II.1.3)Type of contract
Services
II.1.4)Short description:

The contractors under 3 different lots will provide legal, economic, financial, as well as accounting and auditing expertise to assist the Commission in its activity related to ensuring the integrity and reliability of the auctioning of emission allowances under the EU ETS and of the carbon market through the development of the relevant legislation, its implementation and monitoring, public procurement procedures and contractual arrangements as well as ensuring the timely and effective management of problems, incidents and crisis situations.

Please note that the prior information about this tender was published in OJ 2016/S 103-183492 of 31.5.2016 with the title ‘Assisting the Commission in the implementation of the Commission Regulation (EU) No 1031/2010 (“Auctioning Regulation”) and of the market oversight framework under the EU emission trading system’.

II.1.5)Estimated total value
Value excluding VAT: 10 000 000.00 EUR
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for maximum number of lots: 3
Maximum number of lots that may be awarded to one tenderer: 3
II.2)Description
II.2.1)Title:

Legal assistance

Lot No: 1
II.2.2)Additional CPV code(s)
79418000 Procurement consultancy services
79410000 Business and management consultancy services
79000000 Business services: law, marketing, consulting, recruitment, printing and security
79111000 Legal advisory services
90700000 Environmental services
II.2.3)Place of performance
NUTS code: 00 Not specified
Main site or place of performance:

‘Extra muros’.

II.2.4)Description of the procurement:

The framework contract for lot 1 will run for an initial period of 24 months and shall be renewed automatically 2 times (with a maximum total duration of 72 months). The contractor(s) of the framework contract under this lot 1 might be required to provide the following services:

1) legal assistance for development, implementation, monitoring and review of the legislation applicable to the primary and secondary market in allowances under the EU emission trading system;

2) legal assistance for contract management;

3) legal assistance for the joint procurement of the common auction platform or of the auction monitor;

4) legal assistance for the management of the Joint Procurement Agreements;

5) coordination and handover tasks.

For further detail, please refer to procurement documents (see Section 2.3 of the tender specifications).

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
Value excluding VAT: 6 000 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 72
This contract is subject to renewal: yes
Description of renewals:

Lot 1 will run for an initial period of 24 months and shall be renewed automatically 2 times (with a maximum total duration of 72 months).

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
II.2)Description
II.2.1)Title:

Economic and financial market analysis

Lot No: 2
II.2.2)Additional CPV code(s)
66170000 Financial consultancy, financial transaction processing and clearing-house services
66150000 Financial markets administration services
66152000 Financial market regulatory services
79300000 Market and economic research; polling and statistics
79311400 Economic research services
79311410 Economic impact assessment
66171000 Financial consultancy services
79000000 Business services: law, marketing, consulting, recruitment, printing and security
90700000 Environmental services
II.2.3)Place of performance
NUTS code: 00 Not specified
Main site or place of performance:

‘Extra muros’.

II.2.4)Description of the procurement:

The framework contract for lot 2 will run for an initial period of 24 months and shall be renewed automatically 2 times (with a maximum total duration of 72 months). The contractor(s) of the framework contract under this lot 2 might be required to provide the following services:

1) economic and financial analysis of the functioning of the carbon markets;

2) economic and financial advice for the development, implementation, monitoring and review of the legislation applicable to the primary and secondary market in allowances under the EU emissions trading system;

3) economic and financial advice for contracts' management;

4) economic and financial advice and support for the procurement of the common auction platform or of the auction monitor;

5) economic and financial advice for the management of the Joint Procurement Agreements;

6) coordination and handover tasks.

For further detail, please refer to procurement documents (see Section 2.3 of the tender specifications).

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
Value excluding VAT: 2 500 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 72
This contract is subject to renewal: yes
Description of renewals:

Lot 2 will run for an initial period of 24 months and shall be renewed automatically 2 times (with a maximum total duration of 72 months).

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
II.2)Description
II.2.1)Title:

Accounting and auditing services

Lot No: 3
II.2.2)Additional CPV code(s)
79212000 Auditing services
79212100 Financial auditing services
79212300 Statutory audit services
79212400 Fraud audit services
79200000 Accounting, auditing and fiscal services
79210000 Accounting and auditing services
79000000 Business services: law, marketing, consulting, recruitment, printing and security
90700000 Environmental services
II.2.3)Place of performance
NUTS code: 00 Not specified
Main site or place of performance:

‘Extra muros’.

II.2.4)Description of the procurement:

The framework contract for lot 3 will run for an initial period of 24 months and shall be renewed automatically 2 times (with a maximum total duration of 72 months). The contractor(s) of the framework contract under this lot 3 might be required to provide the following services:

1) accounting and auditing services for the implementation of the Auctioning Regulation, including compliance audit of the implementation of the Auctioning Regulation by the auction platforms;

2) accounting and auditing services for the development, implementation, monitoring and review of the EU financial market legislation applicable to the primary and secondary market in allowances;

3) accounting and auditing services for public procurement procedures for the nomination of the common auction platform and the auction monitor, including assistance in the determination of the financial requirements and of the cost structure as well as in the evaluation of the financial situation of candidates or tenderers;

4) accounting and auditing assistance with regard to the contracts with the common auction platform and the auction monitor, including the operational audit on the performance of the services under these contracts and audit for the determination of the costs, variation of costs and the estimation of the related price revision under these contracts;

5) handover tasks.

For further detail, please refer to procurement documents (see Section 2.3 of the tender specifications).

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
Value excluding VAT: 1 500 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 72
This contract is subject to renewal: yes
Description of renewals:

Lot 3 will run for an initial period of 24 months and shall be renewed automatically 2 times (with a maximum total duration of 72 months).

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.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:

Please refer to procurement documents.

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.2.2)Contract performance conditions:

Please refer to 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: 3
In the case of framework agreements, provide justification for any duration exceeding 4 years: The total maximum duration is envisaged to be 72 months, in view of the subject matter of this FWC that is to provide legal assistance to the Commission in several areas and in particular with relation to the procurement procedure for the third common auction platform for the EU ETS which may start in 2019 to be completed in 2021.
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2016/S 103-183492
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 12/07/2017
Local time: 16:00
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, Bulgarian, Danish, German, Greek, Estonian, Finnish, French, Irish, Croatian, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish, Czech
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 9 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders
Date: 20/07/2017
Local time: 14:30
Place:

avenue de Beaulieu 5, Room E, 1160 Brussels, BELGIUM.

Information about authorised persons and opening procedure:

A maximum of 2 representatives per tender may attend the opening (no expenses paid). For organisational and security reasons, the tenderer must provide the full name and ID or passport number of the representatives at least 3 working days in advance to: clima-tenders@ec.europa.eu

Failing that, the contracting authority reserves the right to refuse access to its premises.

Section VI: Complementary information

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

In line with Article 134.1.e) of the rules of application to the Regulation (EU, Euratom) 2015/1929 of the European Parliament and of the Council of 28.10.2015 (Financial Regulation), during the 3 years following conclusion of the original contract, the contracting authority will be able to use the negotiated procedure for additional services (without prior publication of a contract notice) for new services or works consisting in the repetition of similar services or works entrusted to the economic operator to which the same contracting authority awarded an original contract, provided that these services or works are in conformity with a basic project for which the original contract was awarded after publication of a contract notice, subject to the conditions set out in paragraph 4 of Article 134.

Tender documents will be available for download at the address indicated under heading I.3. The website will be updated regularly and it is the tenderers' responsibility to check for updates and modifications during the tendering period.

VI.4)Procedures for review
VI.4.1)Review body
Official name: General Court
Postal address: rue du Fort Niedergrünewald
Town: Luxembourg
Postal code: 2925
Country: Luxembourg
Telephone: +352 4303-1
Fax: +352 4303100
Internet address: http://curia.europa.eu
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

You may submit any observations concerning the award procedure to the contracting authority indicated under heading I.1.

If you believe that there was maladministration, you may lodge a complaint to the European Ombudsman within 2 years of the date when you became aware of the facts on which the complaint is based (see http://www.ombudsman.europa.eu). Such complaint does not have as an effect either to suspend the time limit to launch an appeal or to open a new period for lodging an appeal.

Within 2 months of the notification of the award decision you may lodge an appeal to the body referred to in VI.4.1.

VI.5)Date of dispatch of this notice:
18/05/2017