Services - 265394-2014

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05/08/2014    S148

Belgium-Brussels: Legal review on industrial design protection in Europe

2014/S 148-265394

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

Official name: European Commission, Directorate-General for the Internal Market and Services
Postal address: SPA2, 01/32
Town: Brussels
Postal code: 1049
Country: Belgium
E-mail: ec-intmarket-contracts@ec.europa.eu

Internet address(es):

General address of the contracting authority: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=596

Further information can be obtained from:
The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from:
Official name: European Commission, Directorate-General for the Internal Market and Services
Postal address: SPA2, 01/32
Town: Brussels
Postal code: 1049
Country: Belgium
E-mail: ec-intmarket-contracts@ec.europa.eu
Internet address: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=596

Tenders or requests to participate must be sent to:
The above mentioned contact point(s)

I.2)Type of the contracting authority
European institution/agency or international organisation
I.3)Main activity
General public services
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Legal review on industrial design protection in Europe.
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 8: Research and development services
Main site or location of works, place of delivery or of performance: The tasks are to be performed at the premises designated by the contractor. A maximum of 4 coordination meetings with the contracting authority will be held in Brussels.
NUTS code
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves a public contract
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)
The study will examine if the existing EU legal framework for protecting industrial designs — i.e. the Directive on the legal protection of designs (the Design Directive) and the Regulation on Community design (the Design Regulation) — constitutes an easily accessible, effective, efficient and up-to-date tool encouraging European enterprises and designers to invest in design activity and innovation.
As far as the Design Directive is concerned, the study will examine if the harmonisation of the term of protection afforded by registered design rights has facilitated the functioning of the internal market with regards to goods embodying designs. In addition, the study will analyse if the implementation of the Design Directive by Member States has caused them any difficulties and if there are major issues that, despite or due to the lack of harmonisation, still differ from 1 Member State to another and have an adverse impact on the functioning of the design protection system. On this basis, the study will examine whether there is a need for further harmonisation of national legislation.
In relation to the Design Regulation, the study will examine to what extent the objective of this legislation — i.e. the establishment of a unitary and user-friendly design protection system — has been achieved and in what ways it benefits users. The study will also identify any particular problems that could negatively influence the accessibility and smooth running of the system.
With regards to both the Design Directive and the Design Regulation, the study will evaluate if, after more than 10 years from its creation, the European system of design protection is still up-to-date or whether it requires some modernisation and adaptation in light of technological progress or new consumer trends.
II.1.6)Common procurement vocabulary (CPV)

79100000 Legal services, 79311100 Survey design services, 79311200 Survey conduction services, 79311210 Telephone survey services, 79311300 Survey analysis services, 73110000 Research services

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)Lots
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:
The estimated maximum amount for the execution of all the tasks referred to in this call for tenders is 200 000 EUR including all charges and expenses. No contract offer above this amount will be considered.
Estimated value excluding VAT: 200 000 EUR
II.2.2)Information about options
Options: no
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: 12 (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:
Not applicable.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Specified in the tender documents.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Not applicable.
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: Tenderers will fill in the forms provided with the tender specifications and will provide the documents requested in it.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: See the tender specifications.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
See the tender specifications.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: yes

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Open
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)Award criteria
IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated below

1. Level of expertise and experience in the field. Weighting 30

2. Quality and relevance of the proposed methodology. Weighting 30

3. Organisation of the work. Weighting 20

4. Quality control measures. Weighting 10

5. Readability, clarity and coherence of the offer. Weighting 10

IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
MARKT/2014/083/D.
IV.3.2)Previous publication(s) concerning the same contract
no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
17.9.2014
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
Duration in months: 9 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tenders
Date: 26.9.2014

Place:

European Commission, rue de Spa 2, room SPA2-01/A030, 1000 Brussels, BELGIUM.

Persons authorised to be present at the opening of tenders: yes
Additional information about authorised persons and opening procedure: The tenderer or any person authorised by him/her can be present at the opening of tenders.

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
VI.3)Additional information
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Official name: General Court of the Court of Justice of the European Union
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 4303-2100
Internet address: http://curia.europa.eu

VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: Within 2 months of the notification to plaintiff or, in the absence thereof, of the day on which it came to the knowledge. A complaint to the European Ombudsman does not have as an effect either to suspend this period or to open a new period for lodging appeals.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:
24.7.2014