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Supplies - 371590-2021

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23/07/2021    S141

Luxembourg-Luxembourg: Notice of Call for Expressions of Interest

2021/S 141-371590

Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012

 1.Contracting authority

European Court of Auditors, 12, rue Alcide de Gasperi, 1615 Luxembourg, LUXEMBOURG, E-mail: eca-procurement.service@eca.europa.eu, Website: http://www.eca.europa.eu
 2.Application procedure

The objective of this call for expressions of interest is to set up a list of pre-selected candidates capable to provide to the European Court of Auditors (hereinafter referred to as ‘ECA’ or ‘Court’) subscriptions to periodicals of general or specialised character, in the fields covered by the European Union policies, in electronic format and/or paper, published in any of the EU Member States and outside the EU. For more details concerning the scope of the present call for expressions of interest please refer to point 7.
Expressions of interest shall be submitted in one of the official languages of the European Union by electronic means at the following address:
ECA-PROC-AMI-778@eca.europa.eu
Inclusion on the list entails no obligation on the part of the contracting authority concerning the conclusion of contracts.
 3.Information and documents to be provided

In their expression of interest, interested parties shall provide the following documents:
— administrative documents listed in Annex 1 (Forms, 1, 2, 3);
— the completed coverage table mentioned at point 7 and provided in Annex 1 Form 6;
— the declaration on honour (Annex 1 Form 4) mentioned at point 10 in reference to the exclusion criteria, stating that the candidate is not in one of the situations of exclusion listed in the declaration;
— supporting evidence for the evaluation of the selection criteria indicated at point 11 and listed in Annex 1.
A complete list of the documents that are required in order to reply to this call for expressions of interests, along with model reply forms is given in the model application (Annex 1) available at the following address:
https://www.eca.europa.eu/Lists/CallForTender/CFT21_AMI778/Annex1_ApplicationformAMI778.doc
 4.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 pre-selected candidates (AMI list) who meet the criteria set out at point 11.
Where a specific contract relating to a subscription for periodicals is to be concluded, the contracting authority will invite all the candidates on the list, to submit a tender. The contracting authority will send these candidates the tender specifications or request for price relating to the contract in question.
 5.Protection of personal data

If processing your reply to this call for expression of interest and subsequent invitation to tender involves the recording and processing of personal data (such as your name, address and CV), such data will be processed pursuant to Regulation (EU) 2018/1725 of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC.
Unless indicated otherwise, any personal data will be processed solely for the purpose of the applications’ and tenders’ opening and evaluation by the authorising officer responsible for this procedure. Details concerning the processing of your personal data are available in the privacy statement at: https://www.eca.europa.eu/en/Pages/PersonalDataProtection.aspx
However, personal data may, where appropriate, be transferred to our external audit provider and internal audit service, the panel referred to in Article 143 of the Financial Regulation and the European Anti-Fraud Office (OLAF) of the European Commission and the Early Detection and Exclusion System (EDES) set up by the Commission. Data regarding economic operators which are in one of the situations referred to in Articles 136 of the FR may be recorded in the EDES System set up by the Commission and communicated to persons designated by the Commission, to other institutions, agencies, authorities and bodies referred to in Article 142(4) of the Financial Regulation.
For more information, see the Privacy Statement on (http://ec.europa.eu/budget/explained/management/protecting/protect_en.cfm).
You may, upon request, obtain access to your personal data and ask for any inaccurate or incomplete personal data to be rectified. Should you have any queries concerning the processing of your personal data, please address them to the data controller indicated above. You may also address yourself to the Court of Auditors’ Data Protection Officer (ECA-data-protection@eca.europa.eu). You have the right to lodge a complaint at any time to the European Data Protection Supervisor (edps@edps.europa.eu).
 6.Use of the list resulting from this notice

The list resulting from this notice will be used exclusively for public procurement supply or service contracts below Directive’s threshold (currently EUR 139 000) per year.
 7.Full description of the subject covered by the call for expressions of interest

The ECA Library wishes to procure subscriptions to periodicals of general or specialised character, in the fields covered by the European Union policies, in electronic format and/or paper (Combined subscription Institutional Online Access with Print, whenever possible), published in any of the EU Member States and outside the EU.
An indicative and non-exhaustive list of periodicals with detailed specifications as they might be requested by the Court can be found in Annex 1 – Form 6. This list is to be considered as preliminary information with regard to the future orders. The final and complete list of periodicals to be ordered by the ECA Library including start and end date of the subscription (on a general basis subscription period for 1 year, fixed price offers for multi-annual contracts are always preferred) will be provided to the pre-selected candidates together with the request for a price offer. The ECA intends to send the first request for a price offer in October 2021.
Candidates are required to complete the coverage table to be found in Annex 1— Form 6.
Pre-selected candidates enrolled in the AMI list will be accordingly consulted for the price offers.
 8.Place of delivery

If paper versions of periodicals are required, this will be indicated in the request for a price offer. In such a case, paper versions will have to be delivered to the address below:
European Court of Auditors, Library, 12, Rue Alcide De Gasperi, L-1615 Luxembourg, LUXEMBOURG.
For all subscriptions please note that the contractor shall ensure direct delivery of paper copies from the publisher to the ECA Library whenever possible.
 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 application at any time prior to the last 3 months of validity of the list.
 10.Exclusion criteria

We draw your attention to the fact that you will be excluded from the participation to this procedure if you are in one of the situations described in Articles 136 and 141 of the Financial Regulation.
In this context, in the expression of interest the economic operators interested in participation to this call for expressions of interest shall provide a declaration on honour to be found at Annex 1 Form 4 stating that they are not in one of the situations of exclusion listed in the declaration. The declaration shall be duly signed and dated by an authorised representative. In case of doubt, the candidates may be requested to provide supporting evidence of non-exclusion.
 11.Selection criteria

(a) Criteria relating to legal capacity
In their expression of interest interested economic operators shall provide proof of authorisation to perform future contracts under national law such by means of the following documents:
— extract from the trade register or professional register, or a sworn declaration or certificate, membership of a specific organisation, express authorisation, or entry in the value added tax (VAT) register.
(b) Criteria relating to financial and economic capacity Candidates must have sufficient economic and financial capacity to enable them to perform potential future contracts in compliance with the contractual provisions. In their expression of interest interested parties shall provide proof of their economic and financial capacity by means of the following documents:
— financial statements for the last 2 years available for which accounts have been closed, including statement of the overall turnover and the turnover concerning the subscriptions to periodicals;
— if the balance sheets or the statements show an average loss over the past 2 financial years for which accounts have been closed, then the candidate must furnish another document as proof of his financial and economic capacity, such as appropriate bank references or proof of professional risk insurance cover.
(c) Criteria relating to technical and professional capacity
Candidates must have sufficient technical and professional capacity to enable them to perform future contracts in compliance with the contractual provisions. The technical and professional capacity of economic operators will be substantiated on the basis of the following documents:
— the candidates shall indicate on the coverage table (Annex 1 – Form 6):
• which periodicals they are able to supply (by indicating YES/NO);
• in which formats they are able to provide the periodicals’ subscriptions: preferably Institutional IP recognised online access combined with print, or: combined single online access with print, IP recognised online access only, single online access only, print only (by marking the applicable publication schemes with a cross);
• in order to be preselected, the candidate must cover at least 5 periodicals (combined subscription Institutional IP recognised online access with print).
— reference forms confirming that the candidate delivered at least 5 of the requested periodicals within the past 2 years, the form shall include at least the following details: title and publisher of the periodical; recipient(s) of the subscriptions. This could be a certificate, delivery note or an order signed by the client,
— a brief description of measures employed to ensure the quality of supplies and services (max. 2 pages). This description should include the following aspects:
• team devoted to the execution of future contracts and direct contacts with the ECA Library (min. 1 permanent contact person + one replacement contact person, who is reachable by telephone and email within 1 working day);
• a sample invoice as a proof of capability to produce correct and complete invoices. The sample invoice shall include at least the following positions: complete supplier and ECA delivery addresses, title and detailed description of the ordered periodical, subscription period with dates, delivery mode, exact prices per position and total price).
The measures to provide a prompt support and reaction in case of problems and questions, e.g. concerning IP access, technical problems, missing or delayed deliveries, invoices, credit notes. The candidates shall react within 1 working day and indicate the resolution time of problems and questions.
 12.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 (https://www.eca.europa.eu/en/Pages/PublicProcurement.aspx see: Annual lists of contracts) 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.
 13.Date of dispatch of notice

12 July 2021.
 14.Date of receipt by the Publications Office

12 July 2021.