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Services - 267126-2014

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06/08/2014    S149

Belgium-Brussels: Study on the law applicable to companies with the aim of a possible harmonisation of conflict of laws rules on the matter

2014/S 149-267126

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Official name: European Commission, DG Justice, Unit JUST/A4 Programme Management
Postal address: Office MO59 04/21
Town: Brussels
Postal code: 1049
Country: Belgium
For the attention of: Mr Renatas Mazeika
E-mail: just-a4-cft@ec.europa.eu
Telephone: +32 22962152
Fax: +32 22988812

Internet address(es):

General address of the contracting authority: http://ec.europa.eu/justice/newsroom/contracts/index_en.htm

Electronic access to information: http://ec.europa.eu/justice/newsroom/contracts/index_en.htm

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:
The above mentioned contact point(s)

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:
Study on the law applicable to companies with the aim of a possible harmonisation of conflict of laws rules on the matter.
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 11: Management consulting services [6] and related services
Main site or location of works, place of delivery or of performance: Contractor's premises.
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 purpose of the study is to evaluate the practical problems caused by the lack of harmonisation of the conflict of laws rules concerning companies and the possibilities for harmonising such rules, if necessary in combination with a harmonisation of certain matters of procedure or substantive law. For this purpose, the study will conduct a comparative analysis on the provisions of private international law, and, where relevant for the purpose of the study, substantive law related to companies in the 28 Member States. It will, in addition, carefully analyse the relationship with other areas of private international and substantive law and set out the pros and cons of the solutions proposed.
II.1.6)Common procurement vocabulary (CPV)

79000000 Business services: law, marketing, consulting, recruitment, printing and security, 79400000 Business and management consultancy and related services, 79410000 Business and management consultancy services, 79420000 Management-related 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:
Estimated value excluding VAT: 350 000 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:
See tender specifications.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
See tender specifications.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
See tender specifications.
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 tender specifications.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: In order to prove their economic and financial capacity, the tenderers (i.e. in the case of a joint tender, the combined capacity of all members of the consortium and identified subcontractors) must show that their annual consolidated turnover exceeds 350 000 EUR (average for the past 3 years).
The following evidence should be provided:
— the completed 'Simplified balance sheet' and 'Simplified profit & loss account' completed for the last 3 years,
— a copy of the profit & loss account and balance sheet for the last 3 years for which accounts have been closed,
— failing that, appropriate statements from banks,
— if applicable, evidence of professional risk indemnity insurance.
If, for some exceptional reason which the contracting authority considers justified, a tenderer 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 contracting authority considers appropriate. In any case, the contracting authority must at least be notified of the exceptional reason and its justification in the tender. The Commission reserves the right to request any other document enabling it to verify the tenderer's economic and financial capacity.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
a. Criteria relating to tenderers:
Tenderers (in the case of a joint tender the combined capacity of all tenderers and identified subcontractors) must comply with the following criteria:
— the tenderer must prove experience in the field of comparative law studies including national and private international law,
— the tenderer must prove the ability to put together a team covering each of the jurisdictions which is a subject of the study with at least 1 national correspondent, i.e. a lawyer responsible for the part of the study concerning that jurisdiction with a local legal background, preferably in the subject matter of the study,
— the tenderer must prove experience of working in English with at least 2 projects delivered in the last 5 years and demonstrate sufficient necessary language coverage to cover the 28 Member States,
— the tenderer must prove capacity to draft reports in English.
b. Criteria relating to the team delivering the service:
The team delivering the service should include, as a minimum, the following profiles:
project manager: at least 5 years of experience in project management including professional and/or academic experience in law, preferably in the subject matter of the study. The experience should also include overseeing project delivery, quality control of the delivered service, client orientation and conflict resolution experience in projects of a similar size and coverage (geographical scope of at least half of the one subject to this call for tender), with experience in managing a large team of national reporters;
team: the team must comprise, for each of the jurisdictions which is a subject of the study, at least 1 national correspondent, i.e. a lawyer responsible for the part of the study concerning that jurisdiction with a local legal background, preferably in the subject matter of the study.
Each team member should have a university degree or equivalent, or a professional qualification in law and professional and/or academic experience in law, preferably in the subject matter of the study.
At least 1 member involved in drafting the report should have native-level experience language skills in English, as proven by a certificate or relevant past experience.
The team for data collection and analysis: collectively the team should have knowledge of all EU official languages for the purpose of collecting data on national laws from Member States and proven experience in the subject matter of the study and in managing comparative law research projects.
If several service providers/subcontractors are involved in the bid, they must jointly have the professional and technical capacity to perform the tasks assigned to them.
a. Evidence:
The following evidence should be provided to fulfil the above criteria:
1. tenderers should provide with their offer detailed curriculum vitae of each staff member responsible for carrying out the work, including his or her educational background, degrees and diplomas, professional experience, research work, publications and linguistic skills. The CVs shall be presented, preferably, in accordance to the Commission Recommendation on a common European format for curricula vitae, published in OJ L 79 of 22.3.2002, p. 66;
2. a list of the principal services of the same type provided in the past 5 years, with the sums, dates and recipients, whether public or private, of the services provided, together with certificates issued or countersigned by public authorities or by private clients or, failing this, simply declared by the service provider to have been effected;
3. part of the contract which the service provider intends to subcontract.
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 in the specifications, in the invitation to tender or to negotiate or in the descriptive document
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:
JUST/2014/JCOO/PR/CIVI/0051.
IV.3.2)Previous publication(s) concerning the same contract
no
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: 25.9.2014
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
30.9.2014 - 16:00
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: 6 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tenders
Date: 9.10.2014 - 10:30

Place:

rue Montoyer 59, 1040 Brussels, BELGIUM.

Persons authorised to be present at the opening of tenders: yes
Additional information about authorised persons and opening procedure: 1 representative of each tenderer may attend the opening of the bids.

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

The specifications can be downloaded at: http://ec.europa.eu/justice/newsroom/contracts/index_en.htm

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

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 4303-2100
Internet address: http://curia.europa.eu/

Body responsible for mediation procedures

Official name: Same as above

VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: Within 2 months of the notification to the plaintiff, or, in 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:
25.7.2014