Services - 292002-2016

24/08/2016    S162    European Commission - Services - Contract notice - Open procedure 

Belgium-Brussels: Economic and legal analysis of the factors leading to a low rate of publication of public procurement opportunities in Germany

2016/S 162-292002

Contract notice


Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: European Commission, Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, Directorate G: Single Market for Public Administrations
Postal address: avenue des Nerviens 105
Town: Brussels
NUTS code: BE1
Postal code: 1040
Country: Belgium

Internet address(es):

Main address:

Address of the buyer profile:

I.2)Information about joint procurement
The procurement documents are available for unrestricted and full direct access, free of charge, at:
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via:
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

Economic and legal analysis of the factors leading to a low rate of publication of public procurement opportunities in Germany.

Reference number: 553/PP/GRO/IMA/16/9031.
II.1.2)Main CPV code
II.1.3)Type of contract
II.1.4)Short description:

Germany has the lowest value of contract notices published in TED under EU procurement legislation (2014 data: 1,1 % of GDP (including utilities) or 5,4 % of public expenditure on works, goods and services (excluding utilities), as compared to 4 % or 22 % for the median country in the EU-28 respectively). As the median contract value in Germany was close to the median value of all EU countries, this together with the low aggregate value shows that the total number of contracts published in Germany under EU procurement legislation (all procurement above the threshold) was comparatively low. This may hinder effective spending of public money and affect German and European businesses in terms of foregone business opportunities. The general objective of the study is to identify, on the basis of sound economic and legal analysis, reasons for the low publication rate in Germany. For more details on tasks to be performed please refer to tender specifications.

II.1.5)Estimated total value
Value excluding VAT: 265 000.00 EUR
II.1.6)Information about lots
This contract is divided into lots: no
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
NUTS code: 00
Main site or place of performance:

The place of performance of the tasks shall be the contractor's premises or any other place indicated in the tender, with the exception of the Commission's premises.

II.2.4)Description of the procurement:

The contractor is expected to provide economic and legal analysis of factors leading to a low rate of publication of public procurement opportunities in Germany. It will do so, among others, by: 1. data collection/estimation on public procurement; 2. collection of the remedies bodies' (Vergabekammern and Vergabesenate der Oberlandesgerichte) and auditing authorities' decisions and other information; 3. identification and analysis of case studies. The contractor will submit inception, interim and final report according to the schedule included in tender specifications. It will also be available for 3 to 5 meetings with the Commission. For more details on tasks to be performed please refer to tender specifications.

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
Value excluding VAT: 265 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 10
This contract is subject to renewal: no
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: yes
Identification of the project: Commission Decision of 7.12.2015 (C(2015) 8547 final).
II.2.14)Additional information

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
III.1.2)Economic and financial standing
Selection criteria as stated in the procurement documents
III.1.3)Technical and professional ability
Selection criteria as stated in the procurement documents
III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.1)Information about a particular profession
III.2.2)Contract performance conditions:
III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1.1)Type of procedure
Open procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 27/09/2016
Local time: 16:00
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:
Bulgarian, Czech, Danish, German, Greek, English, Spanish, Estonian, Finnish, French, Irish, Croatian, Hungarian, Italian, Lithuanian, Latvian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 6 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders
Date: 28/09/2016
Local time: 11:00

European Commission, Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, Directorate G, Unit G.2: Access to Procurement Markets, Nerviens 105 Building, avenue des Nerviens 105, 1049 Brussels, BELGIUM.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review body
Official name: General Court
Postal address: rue du Fort Niedergrünewald
Town: Luxembourg
Postal code: 2925
Country: Luxembourg
Telephone: +352 4303-1
Fax: +352 43032100

Internet address:

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Within 2 months of the notification to the plaintiff, or, in absence thereof, of the day on which it came to the knowledge of the plaintiff. 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.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice: