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Services - 265581-2021
27/05/2021    S101

Luxembourg-Il-Lussemburgu: Conclusion of framework contracts for the translation of legal text from certain official languages of the European Union into Maltese

2021/S 101-265581

Contract notice

Services

Legal Basis:
Regulation (EU, Euratom) No 2018/1046

Section I: Contracting authority

I.1)Name and addresses
Official name: Court of Justice of the European Union
Postal address: Plateau de Kirchberg (Uffiċċju TOC +11 0113)
Town: Il-Lussemburgu
NUTS code: LU000 Luxembourg
Postal code: L-2925
Country: Luxembourg
Contact person: Diviżjoni tal-Ilsien Malti
E-mail: FreelanceMT@curia.europa.eu
Internet address(es):
Main address: www.curia.europa.eu
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: http://curia.europa.eu/jcms/jcms/Jo2_10741/mt
Additional 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 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:

Conclusion of framework contracts for the translation of legal text from certain official languages of the European Union into Maltese

II.1.2)Main CPV code
79530000 Translation services
II.1.3)Type of contract
Services
II.1.4)Short description:

The contract covers 6 lots (see section II.2). All the lots are permanent, so that new requests may be accepted at any time during the contract. Framework contracts will be awarded by lot. The contracts will be concluded for a term of one year, renewable by tacit agreement for up to three further periods of one year. The maximum number of framework contracts to be concluded for each lot is specified. A classification list of contractors will be drawn up on the basis of the award criteria. This list would determine the initial order in which, in light of their output capacity and specialisation, contractors will be contacted in order to be offered specific work. This classification will be periodically revised so that it reflects the actual quality of the services provided. During performance of the contract, the classification may also be altered following the conclusion of new framework contracts or the termination of existing framework contracts.

II.1.5)Estimated total value
Value excluding VAT: 6 000 000.00 EUR
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for all lots
II.2)Description
II.2.1)Title:

ES

Lot No: 1
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from Spanish into Maltese. The maximum number of framework contracts concluded for this lot will be 50. The invitation to tender is permanent.

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
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 50
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

The average price paid in 2020 for this lot was EUR 29.25 (the total price for each standard page of 1 500 characters, spaces not included, in the source language, which covers all the expenses). The Court reserves the right to reject any tenders deemed to be excessively expensive or abnormally low.

II.2)Description
II.2.1)Title:

DE

Lot No: 2
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from German into Maltese. The maximum number of framework contracts concluded for this lot will be 50. The invitation to tender is permanent.

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
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 50
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

The average price paid in 2020 for this lot was EUR 27.85 (the total price for each standard page of 1 500 characters, spaces not included, in the source language, which covers all the expenses). The Court reserves the right to reject any tenders deemed to be excessively expensive or abnormally low.

II.2)Description
II.2.1)Title:

EN

Lot No: 3
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from English into Maltese. The maximum number of framework contracts concluded for this lot will be 50. The invitation to tender is permanent.

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
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 50
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

The average price paid in 2020 for this lot was EUR 15.59 (the total price for each standard page of 1 500 characters, spaces not included, in the source language, which covers all the expenses). The Court reserves the right to reject any tenders deemed to be excessively expensive or abnormally low.

II.2)Description
II.2.1)Title:

FR

Lot No: 4
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from French into Maltese. The maximum number of framework contracts concluded for this lot will be 50. The invitation to tender is permanent.

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
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 50
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

The average price paid in 2020 for this lot was EUR 25.47 (the total price for each standard page of 1 500 characters, spaces not included, in the source language, which covers all the expenses). The Court reserves the right to reject any tenders deemed to be excessively expensive or abnormally low.

II.2)Description
II.2.1)Title:

IT

Lot No: 5
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg
II.2.4)Description of the procurement:

Conclusion of multiple framework contracts for the translation of legal texts from Italian into Maltese. The maximum number of framework contracts concluded for this lot will be 50. The invitation to tender is permanent.

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
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 50
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

The average price paid in 2020 for this lot was EUR 21.57 (the total price for each standard page of 1 500 characters, spaces not included, in the source language, which covers all the expenses). The Court reserves the right to reject any tenders deemed to be excessively expensive or abnormally low.

II.2)Description
II.2.1)Title:

PL

Lot No: 6
II.2.2)Additional CPV code(s)
79530000 Translation services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg
II.2.4)Description of the procurement:

Conclusion of various framework contracts for the translation of legal texts from Polish into Maltese. The maximum number of framework contracts concluded for this lot will be 20. The invitation to tender is permanent.

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
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 20
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

The average price paid in 2020 for this lot was EUR 22.75 (the total price for each standard page of 1 500 characters, spaces not included, in the source language, which covers all the expenses). The Court reserves the right to reject any tenders deemed to be excessively expensive or abnormally low.

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 registers
List and brief description of conditions:

Participation in this call for tenders shall be open on equal terms to all natural and legal persons falling within the scope of the European Union Treaties and to all natural and legal persons established in a third country that has a special agreement with the European Union in the field of public procurement under the conditions laid down in that agreement. Candidates must indicate the State in which they are established and submit the required evidence of that matter according to the law of that State.

Candidates must therefore sign the declaration on their honour (available at the Internet address set out in point I.3) concerning the exclusion and selection criteria that they are not in any of the situations described in Articles 136 to 140 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council.

If the candidate is a legal person (or a legal person that is part of a group), the exclusion criteria shall apply to the candidate and to each of the service providers presented by that candidate.

The following information must also be provided:

* if the candidate is a legal person (or a legal person that is part of a group):

— indication and evidence of the place of establishment,

— indication and evidence of legal status, e.g. entry in the commercial register, entry in the VAT register, copies of the instruments of incorporation or constitution, in accordance with the provisions of the State in which the candidate is established,

— the identity of the persons having power of representation, decision making or control over them.

* If the candidate is a natural person (or a natural person who is part of a group):

— declaration of self-employed status in the context of providing the services covered by the contract,

— declaration relating to liability to VAT.

Requests to participate must be written in such a way as to enable their evaluation to be complete, accurate and as rapid as possible, permitting the selection of candidates who will be invited to tender. Candidates who have not provided enough information, by filling out the mandatory registration form (available at the Internet address specified in point I.3) and attaching the documents and evidence indicated, may have their request to participate rejected.

The number of copies of the request must correspond to the number of lots to which it relates; and the information necessary for the evaluation of the candidate's capacities must be provided in relation to each lot.

Candidates whose framework contract for the same lot has been terminated by the Court for lack of quality may also be excluded from participating in the contract for the lot concerned.

III.1.2)Economic and financial standing
List and brief description of selection criteria:

Nothing

III.1.3)Technical and professional ability
List and brief description of selection criteria:

Each candidate who is a natural person and each natural person engaged in providing the services concerned must have attained the following minimal level of technical and professional capacity:

— a degree in Maltese law that shows the complete university formation (minimum of 3 years) that gives the right to exercise the three legal professions in Malta [Lawyer (LL.D or Master of Advocacy), Notary (Dip. Not. Pub. or Master of Notarial Studies), or Legal Procurator (L.P. B.A. Socio-Legal Studies, LL.B. with a diploma of Legal Procurator, diploma of Legal Procurator)], or

— a degree in law that shows the complete university formation (minimum of 3 years) in a Member State of the EU, as well as a certificate showing how the candidate has access to exercise the legal professions in Malta, or

— solely for the lots concerning Spanish, German and Polish, a complete university degree (minimum of 3 years) in a legal field or a non-legal field. In case of a degree that does not cover a legal formation, the following is also required: either professional experience in the translation of documents of a legal nature for at least two years, or a certificate or a university degree which covers legal translation.

University formation in law is considered an asset

Requested information and formalities which would enable the evaluation of whether these requirements have been fulfilled:

— a copy of the university degree diploma that shows the legal training requested,

— a copy of the university degree diploma in a non-legal field, where this is the case,

— a detailed CV,

— relevant documents or verifiable detailed information showing the professional experience of no less than two years in the translation of legal documents, where this is the case (for example: a list of the main services provided during these last 3 years),

— information regarding the perfect command of Maltese [learning method, qualification(s), professional experience],

— information regarding the good grasp of the source language (see the list of the lots) [learning method, qualification(s), professional experience].

III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

The quality of the services provided must be such as to enable the translated text to be used immediately, whether by publication or otherwise. Contractors must therefore ensure:

— compliance with specific instructions given by the Court,

— correct, rigorous and precise use of the target language,

— rigorous use of the appropriate legal language and terminology of the target language,

— strict use of the legal terminology used in the reference documents (source and target languages),

— rigorous citation of the relevant legislative and/or judicial texts,

— use of the necessary legal databases (of the European Union and national),

— compliance with the 'Vade Mecum' of the Court (if appropriate),

— delivery within the period agreed and specified in the order form.

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
Restricted procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with several operators
Envisaged maximum number of participants to the framework agreement: 270
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 03/09/2021
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:
Maltese
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 12 (from the date stated for receipt of tender)

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: yes
Estimated timing for further notices to be published:

The invitation to tender is permanent. A new contract notice is expected to be published, at the latest, within 42 months of the entry into force of the first framework contracts.

VI.2)Information about electronic workflows
Electronic invoicing will be accepted
VI.3)Additional information:

Signed requests to participate are to be sent by email (registration form (in the target language) signed, scanned and attached to the email) or by letter (registration form (in the target language) signed). Links to online storage spaces shall not be accepted.

On the basis of the evaluation of their capacities, the selected candidates will be invited to submit one tender (a minimum of five candidates per lot, provided that a sufficient number of candidates satisfy the selection criteria).

The lots being permanent, an evaluation will be made at regular intervals during the performance of the overall contract of new requests received after the time limit for receipt, provided that the maximum number of contractors for the lot has not been reached. Participation in this procurement procedure is free and, as a consequence, does not confer on candidates/tenderers any right to require any financial compensation in respect of the costs incurred.

The selected candidates will be invited by email, written for administrative reasons in either English or French, to submit a tender.

The texts to be translated cover a range of legal subjects corresponding to the cases brought before the Court. Both the length of the texts and the degree of urgency with which their translation may be requested are variable. Examples of the types of texts to be translated may be consulted on the Court's website http://www.curia.europa.eu

Contractors will be asked to work on texts which have been first processed using computer assisted translation tools. Contractors will be asked to state whether they are prepared to familiarise themselves with such tools if it is necessary for any specific assignment. If they are not prepared to do so, contractors waive the right to receive any assignment for which such familiarity is required, whatever their classification on the list of contractors.

Any passages which have been pre-translated either in part or in full and provided to the contractor, either in the file to be translated or separately, will be deducted from the page count in the manner indicated in the framework contract.

VI.4)Procedures for review
VI.4.1)Review body
Official name: General Court of the European Union
Postal address: Rue de Fort Niedergrünewald
Town: Il-Lussemburgu
Postal code: L-2925
Country: Luxembourg
E-mail: GeneralCourt.Registry@curia.europa.eu
Telephone: +352 4303-1
Fax: +352 43032100
Internet address: http://curia.europa.eu/e-Curia
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Period of 2 months from publication of the measure, or of its notification to the plaintiff or, in the absence thereof, of the day on which it came to the knowledge of the latter, in accordance with Article 263 TFEU

VI.5)Date of dispatch of this notice:
12/05/2021