Notice of Call for Expressions of Interest
2.
Scope
The European Intellectual Property Office (hereafter the EUIPO) is publishing a call for expression of interest (File reference number: AMI/009/20) to set up a list of vendors to provide independent and onhand expertise on specialised services in the field of intellectual property rights, as described in the technical and administrative Annex. The services will be provided to the EUIPO in the framework of its activities in the EU and in third countries and to its EU-funded projects (
https://ipkey.eu/en and
https://euipoeuf.eu/en).
The interested entities are invited to consult the administrative and technical annex available in eTendering website.
3.
Registration procedure
Expressions of interest should be submitted by electronic means via eTendering only:
https://etendering.ted.europa.eu/cft/cft-display.html?cftId=6554
Questions must be made in writing only through the above eTendering website in the ‘Questions and answers’ tab, by clicking ‘Create a question’. They may be sent at any time during the validity of the call of expressions of interest, except for the last 3 months prior to the end of validity of the lists.
Inclusion on the list entails no obligation on the part of the contracting authority concerning the conclusion of contracts.
4.
Information and documents to be provided
Interested parties should provide their full contact details in their expression of interest, in particular name of the participant (natural person or legal entity) and email of contact.
Vendors invited to submit a tender or a request to participate shall be required to provide a declaration on honour stating that they are not in one of the situations of exclusion (listed at point 10) and that they fulfil the selection and, when applicable, eligibility criteria related to the contract in question. The EUIPO may, at any time, request vendors to provide supporting evidence of non-exclusion. At any time before concluding a contract, vendors invited may be asked to provide supporting evidence related to the selection and, when applicable, eligibility criteria.
5.
General description of the procedure
Interested parties 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 vendors who have expressed their interest.
Where a contract relating to the field described at point 7 is to be concluded, the contracting authority will invite all the vendors on the list, to submit either a tender (procedure in one step) or an invitation to participate followed by a tender (procedure in two steps). In the case of a procedure in one step, the contracting authority will send the vendors the tender specifications relating to the contract in question.
In the case of a procedure in two steps, the contracting authority will send the vendors only the subject matter of the contract and the exclusion and selection/eligibility criteria. In a second step, only the vendors fulfilling these criteria will receive the tender specifications and will be invited to submit tenders.
6.
Use of the list resulting from this notice
The list resulting from this notice may be used exclusively for public procurement contracts of the following types — service contracts between EUR 15 000 and EUR 139 000 per contract — in the case of external action contracts only (EU-funded projects): service contracts between EUR 20 000 and EUR 300 000 per contract — selection of candidates to be invited in a negotiated procedure for middle and low value contracts (value below the above mentioned thresholds).
7.
Full description of the fields covered by the call for expressions of interest
Contractors will be asked to provide independent and hands-on external expertise to assist the EUIPO, in particular the observatory on infringement of intellectual property rights (hereafter the observatory) and the International Cooperation Service (hereinafter IC) in both EU and non-EU countries to foster IP cooperation and increase effective IP awareness.
The scope includes economic studies related to IP and non IP matters, legal studies, enforcement studies and activities in the field of the different intellectual property rights.
The services may include capacity building, technical assistance, academic research, outreach activities, development of guides, manuals and reports or monitoring and evaluation, comparative research and assessment, drafting of contributions to foster IP cooperation and increase effective IP awareness.
For each contract a description of the tasks and/or deliverables to be submitted by the contractors will be indicated.
8.
Place of delivery
The place of delivery may vary within and outside Europe. It will be specified in each invitation to tender/request to participate.
9.
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 expression of interest at any time prior to the last 3 months of validity of the list.
10.
Exclusion criteria
Vendors shall be excluded from participation if:
(a) it is bankrupt, subject to insolvency or winding-up procedures, its assets are being administered by a liquidator or by a court, it is in an arrangement with creditors, its business activities are suspended or it is in any analogous situation arising from a similar procedure provided for under EU or national laws or regulations;
(b) it has been established by a final judgement or a final administrative decision that the person is in breach of its obligations relating to the payment of taxes or social security contributions in accordance with the applicable law;
(c) it has been established by a final judgement or a final administrative decision that the person is guilty of grave professional misconduct by having violated applicable laws or regulations or ethical standards of the profession to which the person 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 or an agreement,
(ii) entering into agreement with other persons 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 award procedure,
(v) attempting to obtain confidential information that may confer upon it undue advantages in the award procedure;
(d) it has been established by a final judgement that the person is guilty of the following:
(i) fraud, within the meaning of Article 3 of Directive (EU) 2017/1371 and Article 1 of the Convention on the protection of the European Communities' financial interests, drawn up by the Council Act of 26 July 1995,
(ii) corruption, as defined in Article 4(2) of Directive (EU) 2017/1371 and 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 May 1997 and conduct referred to in Article 2(1) of Council Framework Decision 2003/568/JHA, as well as corruption as defined in the applicable law,
(iii) conduct related to a criminal organisation, as referred to in Article 2 of Council Framework Decision 2008/841/JHA,
(iv) money laundering or terrorist financing, within the meaning of Article 1(3), (4) and (5) of Directive (EU) 2015/849 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 offences concerning trafficking in human beings as referred to in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council;
(e) it has shown significant deficiencies in complying with the main obligations in the performance of a contract or an agreement financed by the Union's 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 a contracting authority, the European Anti-Fraud Office (OLAF) or the Court of Auditors;
(f) it has been established by a final judgment or final administrative decision that the person has committed an irregularity within the meaning of Article 1(2) of Council Regulation (EC, Euratom) No 2988/95;
(g) it has been established by a final judgment or final administrative decision that the person has created an entity under a different jurisdiction with the intent to circumvent fiscal, social or any other legal obligations in the jurisdiction of its registered office, central administration or principal place of business;
(h) (only for legal persons) it has been established by a final judgment or final administrative decision that the person has been created with the intent provided for in point (g).
For the situations referred to in points (c) to (h) above the person is subject to:
(i) facts established in the context of audits or investigations carried out by the European Public Prosecutor's Office after its establishment, the Court of Auditors, the European Anti-Fraud Office (OLAF) or the internal auditor 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-final 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) facts referred to in decisions of entities or persons being entrusted with EU budget implementation tasks;
(iv) information transmitted by member states implementing Union funds;
(v) decisions of the Commission relating to the infringement of Union competition law or of a national competent authority relating to the infringement of Union or national competition law; or
(vi) decisions of exclusion by an authorising officer of an EU institution, of a European office or of an EU agency or body.
11.
Ex-post transparency
Details on the contractors who have concluded a contract of more than EUR 15 000 awarded following the procedure set out at point 4 shall be published on the website of the contracting authority no later than 30 June of the year following contract award.
These details include name, locality (address for legal persons and region of origin for natural persons), amount and subject of the contract. For natural persons, the information shall be removed 2 years
After the year of contract award.
12.
Date of dispatch of notice
29 May 2020
13.
Date of receipt by the Publications Office
.