Services - 217890-2018

23/05/2018    S96

Belgium-Brussels: Study on the transposition by Member States of Directive 2016/943 on Trade Secrets

2018/S 096-217890

Contract notice

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: european Commission / DG Internal Market, Industry, Entrepreneurship and SMEs / Directorate F: Innovation and Advanced Manufacturing
Postal address: N105 9/023
Town: Brussels
NUTS code: BE BELGIQUE-BELGIË
Postal code: 1049
Country: Belgium
Contact person: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=3462
E-mail: grow-dir-f-financial-team@ec.europa.eu
Internet address(es):
Main address: http://ec.europa.eu/growth/index_en.htm
Address of the buyer profile: http://ec.europa.eu/growth/contracts-grants/calls-for-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=3462
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=3462
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:

Study on the transposition by Member States of Directive 2016/943 on Trade Secrets

Reference number: 690/PP/GRO/IMA/18/1133/10358
II.1.2)Main CPV code
73000000 Research and development services and related consultancy services
II.1.3)Type of contract
Services
II.1.4)Short description:

The objective of this study is to assist the Commission in evaluating Member States' transposition and implementation of Directive (EU) 2016/943 of the European Parliament and of the Council of 8.6.2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (the “Trade Secrets Directive”).

II.1.5)Estimated total value
Value excluding VAT: 250 000.00 EUR
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.3)Place of performance
NUTS code: 00 Not specified
Main site or place of performance:

The place of performance of the tasks shall be the Contractor's premises or any other place indicated in the tender, with the exception of the Commission's premises.

II.2.4)Description of the procurement:

In order to achieve the objectives of the study, the contractor will need to perform the following:

1) conduct a “completeness check”, i.e. verify whether the relevant national measures of the 28 EU Member States transpose all provisions of the “Trade Secrets Directive”;

2) provide high quality translation into English of the national measures of the 28 EU Member States related to the transposition and implementation of the “Trade Secrets Directive”;

3) conduct a “compliance check”, i.e. verify whether the relevant national measures of the 28 EU Member States are consistent with the “Trade Secrets Directive”;

4) assess accompanying provisions, i.e. identify national provisions that go beyond the respective requirements of the “Trade Secrets Directive”, assess their consistency with the “Trade Secrets Directive” and comment on their practical impact and legal consequences;

5) identify “best practices” in the implementation of the “Trade Secrets Directive".

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: 250 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 13
This contract is subject to renewal: no
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.1.2)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.2.3)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
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.2.2)Time limit for receipt of tenders or requests to participate
Date: 11/07/2018
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:
Bulgarian, Czech, Danish, German, Greek, English, Spanish, Estonian, Finnish, French, Irish, Croatian, Hungarian, Italian, Lithuanian, Latvian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 6 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders
Date: 13/07/2018
Local time: 10:00
Place:

avenue des Nerviens, 105 — 1040 Brussels.

Information about authorised persons and opening procedure:

An authorised representative of each tenderer may attend the opening of the bids. Companies wishing to attend are requested to notify their intention by sending an email to grow-dir-f-financial-team@ec.europa.eu at least 48 hours in advance. This notification must be signed by an authorised officer of the tenderer and specify the name of the person who will attend the opening of the bids.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.3)Additional information:
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
E-mail: GeneralCourt.Registry@curia.europa.eu
Telephone: +352 4303-1
Fax: +352 43032100
Internet address: http://curia.europa.eu
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

See Internet address provided in Section I.3.

VI.5)Date of dispatch of this notice:
16/05/2018