Legal Basis:
Directive 2014/24/EU
Section I: Contracting authority
I.2)Information about joint procurement
I.3)CommunicationAdditional 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 authorityEuropean institution/agency or international organisation
I.5)Main activityGeneral 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 code79000000
II.1.3)Type of contractServices
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 valueValue excluding VAT: 10 000 000.00 EUR
II.1.6)Information about lotsThis 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.2.2)Additional CPV code(s)79418000
79410000
79000000
79111000
90700000
II.2.3)Place of performanceNUTS code: 00
Main site or place of performance:
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 criteriaPrice is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated valueValue excluding VAT: 6 000 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing systemDuration 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 variantsVariants will be accepted: no
II.2.11)Information about optionsOptions: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union fundsThe 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
66150000
66152000
79300000
79311400
79311410
66171000
79000000
90700000
II.2.3)Place of performanceNUTS code: 00
Main site or place of performance:
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 criteriaPrice is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated valueValue excluding VAT: 2 500 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing systemDuration 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 variantsVariants will be accepted: no
II.2.11)Information about optionsOptions: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union fundsThe 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
79212100
79212300
79212400
79200000
79210000
79000000
90700000
II.2.3)Place of performanceNUTS code: 00
Main site or place of performance:
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 criteriaPrice is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated valueValue excluding VAT: 1 500 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing systemDuration 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 variantsVariants will be accepted: no
II.2.11)Information about optionsOptions: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union fundsThe 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 registersList and brief description of conditions:
Please refer to procurement documents.
III.1.2)Economic and financial standingSelection criteria as stated in the procurement documents
III.1.3)Technical and professional abilitySelection criteria as stated in the procurement documents
III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.1)Information about a particular profession
III.2.2)Contract performance conditions:
Please refer to procurement documents.
III.2.3)Information about staff responsible for the performance of the contractObligation 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 procedureOpen procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing systemThe 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.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction
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 IV.2.2)Time limit for receipt of tenders or requests to participateDate: 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 tenderDuration in months: 9 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tendersDate: 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 recurrenceThis is a recurrent procurement: no
VI.2)Information about electronic workflows
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 bodyGeneral Court
rue du Fort Niedergrünewald
Luxembourg
2925
Luxembourg
Telephone: +352 4303-1
Fax: +352 4303100
Internet address: http://curia.europa.eu
VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedurePrecise 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.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:18/05/2017
