1.
Contracting authority:
A. European Union Intellectual Property Office, Department: Observatory, Avenida de Europa, 4, 03008 Alicante (Alicante), SPAIN. B. Contact person: Carmen Parrilla. E-mail: observatory@euipo.europa.eui
2.
Application procedure:
The European Union Intellectual Property Office (hereafter the EUIPO) is issuing a call for expression of interest in order to compile a list of pre-selected candidates to provide independent and on-hand expertise to assist the EUIPO. Scientific and specialised studies exclusively addressed to public and private academic institutions and research institutes with special knowledge are covered in the AMI/005/15.
Expressions of interest should be submitted in one of the official languages of the European Union by post to the address indicated in point 1.
Inclusion on the list entails no obligation on the part of the contracting authority concerning the conclusion of contracts.
3.
Information and documents to be provided:
Interested parties should provide their full contact details and list the specific fields indicated in point 8 that interest them in their expression of interest.
The supporting evidence to be provided for the evaluation of the selection criteria is indicated in point 12 of the present notice of call for expressions of interest.
Candidates shall provide a declaration on their honour, stating that they are not in one of the situations of exclusion listed in point 11. It is to be duly signed and dated by an authorised representative.
To ensure that all the necessary information is submitted, candidate entities are invited to consult the administrative and technical Annex and fill in the standard reply form that can be downloaded on EUIPO's website at:
https://euipo.europa.eu/ohimportal/en/public-procurement
4.
General description of the procedure:
All potentially interested candidates (natural and legal persons) are invited to submit an expression of interest in accordance with the rules set out in this notice.
The contracting authority will draw up a list of pre-selected candidates who meet the criteria set out in point 12. This list comprises sub-lists, corresponding to each of the fields described at point 8.
When a contract is to be awarded, the contract authority will invite all selected candidates of the relevant sub-list to submit a tender.
The EUIPO, through an invitation to tender, shall specify the service, the terms and expected conditions of performance.
At this stage, a declaration of professional independence will be requested. The minimum time limit for receipt of tenders is 10 calendar days, from the day following the dispatch of the invitation.
When a contract is to be awarded, the selected expert shall have 10 calendar days from the award decision (unless otherwise specified) to provide the requested documentary evidence on exclusion criteria.
5.
Protection of personal data:
Personal data gathered for the purpose of the present procedure shall be processed pursuant to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18.12.2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.
Said data will be processed only for the purpose of evaluating the candidatures on the basis of the specifications of the call for expression of interest. The candidate may, upon request, obtain the communication of his personal data and rectify any inaccurate or incomplete data. Any request to that effect shall be addressed to the EUIPO's data protection officer. The candidate also has a right of recourse at any time to the European data protection supervisor pursuant to Regulation (EC) No 45/2001 of the European Parliament and of the Council.
6.
Use of the list resulting from this notice:
The list resulting from this notice will be used exclusively for service contracts in the fields described in point 8 below 135 000 EUR per year per sub-list for the whole duration of the list of pre-selected candidates.
7.
Place of delivery:
Worldwide.
8.
Full description of the fields covered by the call for expressions of interest:
Contractors will be asked to assist the EUIPO in the performance of 1 or more of the following tasks to provide independent and on-hand external expertise to assist the EUIPO, in particular the Observatory on Infringements of Intellectual Property Rights (hereafter the observatory), the Academy and the International Cooperation and Legal Affairs Department (hereafter ICLAD):
1. Economic and impact analysis:
a) supporting EUIPO's economic analysis and comparative studies in the frame of IP-related issues, including IPR infringements in EU countries;
b) supporting EUIPO's economic analysis and comparative studies in the frame of IP-related issues, including IPR infringements in non-EU countries.
2. IPR enforcement:
2.1. Knowledge building:
a) producing and delivering online and other forms of training on IP rights;
b) producing and delivering online and other forms of training on IPR enforcement-related issues;
c) assist in the collection, analysis and dissemination of best public and private sector practices to enforce IP rights;
d) support in the analysis of data and identification of trends and new developments in offline and online IPR infringements.
2.2. SMEs use of IP:
a) supporting EUIPO in the design and implementation of initiatives meant to increase SMEs capacity to exploit the potential of IP rights to enhance their competitive performance;
b) assisting EUIPO in the analysis of national and EU initiatives intended to help SMEs to enhance the protection of their IP assets.
2.3. IP in education:
a) supporting EUIPO in the design and implementation of initiatives intended to increase effective IP education in primary and secondary schools;
b) assisting EUIPO in the identification and analysis of national and international initiatives intended to teach IP in schools.
2.4. IP in the digital world:
a) assisting in monitoring the development of new competitive business models which enlarge the legal offer of cultural and creative content, and in raising consumer awareness in this respect;
b) support EUIPO's analysis of IP infringing business models online;
c) support in the analysis of technical solutions to prevent and tackle infringements of IPRs in an online environment, such as solutions allowing consumers to better distinguish websites that make available genuine products/licensed content from those that do not.
3. Build network convergence with global impact:
a) producing studies on non-EU countries IP resources and management administration;
b) fostering international cooperation with IP offices in non-EU countries so as to build strategies and develop techniques, skills and tools for the management of IP rights;
c) identifying and providing technical solutions on the IP information and IP management areas;
d) preparation of IP identification and formulation documents in the context of EU external actions financial instruments (DCI, PI, ENI, IPA II, etc.);
e) provide support to GI producers (inclusive advisory services for management, production, technology, research and development, marketing, partnership, export promotion, financing, etc.);
f) supporting the transfer of technology in the IP field from one country to another;
g) assist in the exchange of best practices and convergence of standards and practices among countries;
h) perform quality assessment of IP standards and processes;
i) monitoring and evaluation of EU external actions in the field of IP.
4. Communication and public awareness:
a) drawing up reports or other publications to enhance citizens, policymakers or enforcers knowledge regarding the impact of IPR infringements;
b) development of technical material to improve IP understanding. Such material may be addressed to the general public, or any specific target audiences (youth, school children, media, etc.) and private sector;
c) support the development of events and/or projects to foster cooperation among Member States (e.g. IP offices, enforcement authorities) for the enforcement of IPRs;
d) development of measuring tools; provide analysis and advice on IPR issues.
5. Comparative legal analysis:
a) support EUIPO's efforts on the preparation of comparative legal analysis;
b) preparation of case law analysis on specific IP or IP-related topics, including enforcement.
6. Other support:
a) preparation of IP terms of reference and IP technical annexes for procurement and grant files;
b) acting as IP expert in peer-to-peer exchanges, workshops, roundtables and awareness-raising seminars, with a possibility of chairing or moderating them;
c) drafting a wide range of documents in the IP field, in particular, but not limited to: analysis, reports, manuals or guidelines on IP procedures, IP (best) practices, comparative studies, country briefs, best practice brochures, case law, preparation of concept papers on specific IP or IP-related topics.
9.
File reference number:
AMI/002/2016.
10.
Expiry date of the list resulting from this call for expressions of interest:
The list resulting from this notice is valid for 4 years from dispatch of this notice. Interested parties may submit an application at any time prior to the last 3 months of validity of the list.
11.
Exclusion criteria:
11.1. Exclusion situations concerning the economic operator:
The exclusion situations are as follows:
a) being bankrupt or subject of insolvency or winding-up procedures, having its assets administered by a liquidator or by a court, being in an arrangement with creditors, having its business activities suspended, or any analogous situation arising from a similar procedure provided for under national laws or regulations;
b) being in breach of its obligations relating to the payment of taxes or social security contributions in accordance with the law of the country in which it is established, with those of the country in which the contracting authority is located or those of the country of the performance of the contract, as established by a final judgment or a final administrative decision;
c) being guilty of grave professional misconduct, as established by a final judgment or a final administrative decision, by having violated applicable laws or regulations or ethical standards of the profession to which the economic operator belongs, or by having engaged in any wrongful conduct which has an impact on its professional credibility where such conduct denotes wrongful intent or gross negligence, including, in particular, any of the following:
i) fraudulently or negligently misrepresenting information required for the verification of the absence of grounds for exclusion or the fulfilment of selection criteria or in the performance of a contract;
ii) entering into agreement with other economic operators with the aim of distorting competition;
iii) violating intellectual property rights;
iv) attempting to influence the decision-making process of the contracting authority during the procurement procedure;
v) attempting to obtain confidential information that may confer upon it undue advantages in the procurement procedure;
d) being guilty of any of the following, as established by a final judgment:
i) fraud, within the meaning of Article 1 of the Convention on the protection of the European Communities' financial interests, drawn up by the Council Act of 26.7.1995;
ii) corruption, as defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, drawn up by the Council Act of 26.5.1997, and in Article 2(1) of Council Framework Decision 2003/568/JHA, as well as corruption as defined in the law of the country where the contracting authority is located, the country in which the economic operator is established or the country of the performance of the contract;
iii) participation in a criminal organisation, as defined in Article 2 of Council Framework Decision 2008/841/JHA;
iv) money laundering or terrorist financing as defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council;
v) terrorist-related offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA, respectively, or inciting, aiding, abetting or attempting to commit such offences, as referred to in Article 4 of that Decision;
vi) child labour or other forms of trafficking in human beings as defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council;
e) having shown significant deficiencies in complying with main obligations in the performance of a contract financed by the budget, which has led to its early termination or to the application of liquidated damages or other contractual penalties, or which has been discovered following checks, audits or investigations by an authorising officer, OLAF or the European Court of Auditors;
f) having committed an irregularity within the meaning of Article 1(2) of Council Regulation (EC, Euratom) No 2988/95 as established by a final judgment or final administrative decision;
g) being involved in situations of grave professional misconduct, fraud, corruption, other criminal offences, significant deficiencies in the performance of the contract or irregularity as evidenced by:
i) facts established in the context of audits or investigations carried out by the European Court of Auditors, OLAF or internal audit, or any other check, audit or control performed under the responsibility of an authorising officer of an EU institution, of a European office or of an EU agency or body;
ii) non-financial administrative decisions which may include disciplinary measures taken by the competent supervisory body responsible for the verification of the application of standards of professional ethics;
iii) decisions of the ECB, the EIB, the European Investment Fund or international organisations;
iv) decisions of the Commission relating to the infringement of the Union's competition rules or of a national competent authority relating to the infringement of Union or national competition law.
11.2. Exclusion situations concerning natural persons with power of representation, decision-making or control over the economic operator:
The candidate is in an exclusion situation when a person who is a member of the administrative, management or supervisory body of the economic operator, or who has powers of representation, decision or control with regard to the economic operator (this covers in particular the company directors, members of the management or supervisory bodies, and cases where 1 person holds a majority of shares) is in one of the following situations:
— situation (c) above (grave professional misconduct),
— situation (d) above (fraud, corruption or other criminal offence),
— situation (e) above (significant deficiencies in performance of a contract),
— situation (f) above (irregularity).
11.3. Exclusion situations concerning natural or legal persons assuming unlimited liability for the debts of the economic operator:
The candidate is in an exclusion situation when a natural or legal person that assumes unlimited liability for the debts of that economic operator is in one of the following situations:
— situation (a) above (bankruptcy and related situations),
— situation (b) above (breach in payment of taxes or social security contributions).
Candidates must provide together with their application a declaration on honour, duly signed and dated (form attached in Annex 1 of the standard reply form (SRF)). If the tenderer is a tendering group, all the members of the group must also sign this declaration.
The candidate to whom the contract is to be awarded shall have a 10 calendar days' time limit (which may be extended in exceptional cases) preceding the signature of the contract for providing the requested documentary evidence hereunder:
For situations described in points (a), (c), (d) or (f), production of a recent extract from the judicial record is required or, failing that, an equivalent document recently issued by a judicial or administrative authority in the country of establishment of the economic operator showing that those requirements are satisfied;
For the situation described in points (a) or (b), production of recent certificates issued by the competent authorities of the state concerned are required. These documents must provide evidence covering all taxes and social security contributions for which the person is liable, including for example, VAT, income tax (natural persons only), company tax (legal persons only) and social security contributions. Where any document described above is not issued in the country concerned, it may be replaced by a solemn statement made before a judicial authority or notary or, failing that, a solemn statement made before an administrative authority or a qualified professional body in its country of establishment.
12.
Selection criteria:
12.1. Criteria relating to economic and financial capacity:
In order to prove that the economic operator has sufficient economic and financial capacity to perform the contract, the documentary evidence is:
— certified financial statements or their extracts for a period equal to the past 3 financial years for which accounts have been closed, or equivalent documentation (e.g. where company law in the country in which the economic operator is established does not require publication of balance sheet) which will be assessed based on the ratios established in the simplified financial statement attached in Annex 2 of the SRF,
— failing that, appropriate statements from banks, or relevant certificates from tax authorities.
If, for some exceptional reason which the EUIPO considers justified, a candidate is unable to provide 1 or the other of the above documents, he or she may prove his or her economic and financial capacity by any other document which the EUIPO considers appropriate. In any case, the EUIPO must at least be notified of the exceptional reason and its justification in the application. The EUIPO reserves the right to request any other document enabling it to verify the candidate's economic and financial capacity.
12.2. Criteria relating to technical and professional capacity:
In order to prove that the candidate has sufficient technical and professional capacity to perform the contract, the documentary evidence is:
— list of principal relevant contracts carried out in the past 3 years, with the sums, dates and clients, public or private. This list shall be accompanied by certificates of satisfactory execution, specifying whether they have been carried out in a professional manner and have been fully completed. The certificate must include, at least, the precise object of the contract performed, its location, contract value and duration (form attached in Annex 3 of the SRF),
— presentation of a curriculum vitae of the proposed person(s) able to provide services in 1 or more fields of expertise referred to in point 8 of the present document following the basic structure of the Europass template (attached in Annex 4 of the SRF) specifying knowledge of languages, academic qualifications and background, as well as expertise and experience that fulfils the following minimum requirements:
• professional experience for a minimum of 5 years in the field(s) of activity of point 8 the candidate would consider himself/herself,
• have an excellent command of spoken and written English (C1 under the Common European Framework of Reference for Languages).
12.3. Legal and regulatory capacity:
In order to prove that the candidate has sufficient legal and regulatory capacity to perform the contract, the documentary evidence is:
— recent proof of inclusion in a professional or trade register or any other official document showing the registration number, where applicable. Natural persons can provide a legal entity form such as the one you can find here:
http://ec.europa.eu/budget/library/contracts_grants/info_contracts/legal_entities/legEnt_indiv_en.pdf and a legible photocopy of the relevant identity document (Annex 5 of the SRF),
— if the economic operator relies on the capacities of other entities, a written undertaking on the part of those entities confirming that they will place the resources necessary for performance of the contract at the disposal of the tenderer required (Annex 6 of the SRF).
It is emphasised that providing all required documents per se does not establish any legal title to be placed on the list of pre-selected candidates. The ultimate decision on the acceptance of applications lies exclusively with the EUIPO.
Non-compliance with at least 1 of the selection criteria under point 12 will lead to the exclusion of the candidate.
13.
Additional information:
Expressions of interest must quote the reference number for this notice (point 9) and the information and documentation requested at point 11 and 12 must be included. Candidates are invited to download the call for expression documents on EUIPO's website at:
https://euipo.europa.eu/ohimportal/en/public-procurement and to fill the relevant forms within.
Expressions of interest must be submitted either by registered post, by courier service or by hand at the address stated in point 1, addressed to the contact point as stated. Candidatures may be delivered to the office by hand during the Office's opening hours, namely from 9:30 to 13:00 and from 15:00 to 17:00.
The expression of interest shall be submitted in duplicate. An electronic version of the documents on CD-ROM would be highly desirable.
Questions regarding this call for expressions of interest may be submitted in writing only, to the e-mail address indicated under point 1. Questions may be sent at any time during the period of validity of this call except 3 months preceding the end of expiry date specified in point 10.
The answers to questions and any modification to this call for expressions of interest will be made available electronically on EUIPO's website in the following web page:
https://euipo.europa.eu/ohimportal/en/public-procurement
Please note that it is the responsibility of the selected candidates to inform EUIPO immediately of any changes to their administrative, technical or financial details which would result in a change to their original application.
14.
Date of dispatch of notice:
28.6.2016.
15.
Date of receipt by the Publications Office:
28.6.2016.