Section II: Object of the contract
II.1.1)Title attributed to the contract by the contracting authority:
Supply of electricity for the European Parliament's buildings in Strasbourg.
II.1.2)Type of contract and location of works, place of delivery or of performance Supplies
Main site or location of works, place of delivery or of performance: Strasbourg.
NUTS code FR421 Bas-Rhin
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 several operators
maximum number of participants to the framework agreement envisaged: 99
Duration of the framework agreementDuration in months: 36
II.1.5)Short description of the contract or purchase(s)
Supply and delivery of 100 % renewable electrical energy for the European Parliament's buildings in Strasbourg.
The framework contract will be awarded to all tenderers who comply with the exclusion and selection criteria. Specific annual contracts will then be signed with the contractor who submitted the lowest price at the reopening of competition stage.
II.1.6)Common procurement vocabulary (CPV) II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
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: no
II.3)Duration of the contract or time limit for completion
Duration in months: 36 (from the award of the contract)
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:
The electrical energy supply prices shall be expressed in EUR, excluding taxes and VAT.
The price is to be indicated in the unit price list corresponding to the contractor's tender. The total amount will depend on electricity consumption throughout the specific contract duration.
Under the contract, the contractor will set up monthly invoicing in accordance with this contract's provisions and in compliance with the selected price structure specified in the unit price list.
The European Parliament will have 30 calendar days in which to pay the sums owed. Payments are considered made on the date on which the European Parliament's account is debited.
The European Parliament may suspend the payment period at any time following receipt of the request for payment, by notifying the contractor that his request cannot be honoured on the following grounds:
(a) the amounts referred to in the request for payment are not due on the date on which said request is received;
(b) the contractor has failed to submit all the supporting documents provided for by the applicable law or this contract, however the European Parliament considers that the contractor can effectively remedy the situation;
(c) the European Parliament deems it necessary to carry out further verifications to ensure that the amounts referred to in the request for payment are due;
(d) the contractor has not complied with the provisions of Article 3(4) of the specific contract (invoicing address).
The European Parliament will notify the contractor by registered letter, with acknowledgement of receipt, of this suspension. Said suspension shall take effect from the date given in the notification. The period remaining shall recommence once the suspension has been lifted, which will be:
for point (a), on the due date of the payment concerned, confirmed by the European Parliament in the notification;
for point (b), from the date of receipt by the European Parliament's Official Mail Service, referred to in paragraph 5, of the supporting documents concerned and defined in the notification;
for point (c), after a reasonable period which the European Parliament will define and communicate to the contractor in the notification; and
for point (d), on the date on which the European Parliament is able to identify the information omitted by the contractor and then register the request for payment; said date will be communicated to the contractor in the notification.
The European Parliament may send the contractor a registered letter, with acknowledgement of receipt, rejecting the request for payment on the following grounds:
(a) the payment the request refers to is not due;
(b) the request for payment was incorrect and a credit note needs to be issued for same; or
(c) the request for payment or invoice does not contain all the essential information and supporting documents provided for by this contract or the applicable law, or the request for payment was drawn up without due regard to the applicable taxation regulations.
The contractor will be entitled to default interest for late payments. The interest shall be calculated according to the latest rate applied by the European Central Bank to its main refinancing operations (hereafter 'the reference rate'), plus 8 percentage points. The reference rate applicable shall be that in force on the first day of the month in which the payment is due. This rate shall be published in the Official Journal of the European Union, C series. The interest will cover the period elapsed between the calendar day following the deadline for payment and the payment date included.
Where the default interest is less than or equal to 200 EUR, it shall only be paid to the contractor on his request made no later than 2 months after the date for receipt of payment.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
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: see specifications.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: the tenderer must have sufficient financial and economic capacity to perform the contract in accordance with the contract provisions, and taking into account the value and scope of the contract. If, in the light of the information provided by the tenderer, the European Parliament has doubts as to the tenderer's financial capacity or if said capacity proves to be insufficient to carry out the contract, the tender may be rejected without the tenderer being entitled to any financial compensation.
For the contract in this invitation to tender, the European Parliament requires tenderers supplying electrical energy to have a minimum financial, economic, technical and professional capacity which shall be assessed on the authorisation issued by the French ministry responsible for energy, in accordance with Decree No 2011-1457 of 7.11.2011 on the authorisation to purchase electricity for resale, and all available or future legal texts related thereto.
Minimum level(s) of standards possibly required: the European Parliament reserves the right to request the aforementioned authorisation at any time during the supply period, especially to take account of developments in French legislation.
Information and formalities necessary for evaluating if the requirements are met:
the tenderer must have sufficient financial, economic, technical and professional capacity to perform the contract in accordance with the contract provisions, and taking into account the value and scope of the contract. If, in the light of the information provided by the tenderer, the European Parliament has doubts as to the tenderer's financial capacity or if said capacity proves to be insufficient to carry out the contract, the tender may be rejected without the tenderer being entitled to any financial compensation.
For the contract in this invitation to tender, the European Parliament requires tenderers supplying electrical energy to have a minimum technical and professional capacity which shall be assessed on the authorisation issued by the French ministry responsible for energy, in accordance with Decree No 2011-1457 of 7.11.2011 on the authorisation to purchase electricity for resale, and all available or future legal texts related thereto.
Minimum level(s) of standards possibly required:
the European Parliament reserves the right to request the aforementioned authorisation at any time during the supply period, especially to take account of developments in French legislation.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
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
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
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
Time limit for receipt of requests for documents or for accessing documents: 27.7.2015
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
in days: 180 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tenders Date: 25.9.2015 - 10:00
Persons authorised to be present at the opening of tenders: yes
Additional information about authorised persons and opening procedure: participation will be limited to 1 representative per tenderer.
Section VI: Complementary information
VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
An open procedure will be used leading to multiple framework contracts with reopening of competition being signed. Once this final stage has been completed, a specific annual contract will be signed with the successful contractor.
In the context of a 100 % market price, the European Parliament retains the possibility to revert to ARENH (Regulated Access to Incumbent Nuclear Electricity).
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
Postal code: 2925
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: