Works - 410605-2015

21/11/2015    S226    Court of Justice of the European Union - Works - Contract notice - Accelerated restricted procedure 

Luxembourg-Luxembourg: Construction of custom-made bookcases

2015/S 226-410605

Contract notice


Directive 2004/18/EC

Section I: Contracting authority

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

Court of Justice of the European Union
plateau de Kirchberg
For the attention of: Director of Buildings
2925 Luxembourg
Telephone: +352 4303-1
Fax: +352 4303-3637

Internet address(es):

General address of the contracting authority:

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.1.1)Title attributed to the contract by the contracting authority:
Construction of custom-made bookcases.
II.1.2)Type of contract and location of works, place of delivery or of performance

NUTS code LU000

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)
Construction of 11 custom-made oak-veneered bookcases.
II.1.6)Common procurement vocabulary (CPV)


II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): no
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:
Construction of 11 custom-made bookcases for members' offices.
Estimated value excluding VAT:
Range: between 110 000 and 130 000 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: 2 (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:
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Payment for the services shall be in compliance with the Financial Regulation of the European institutions and in accordance with the procedures outlined in the invitation to tender documents.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Company or jointly and severally liable grouping of companies represented by a common party (consortium, for example), with the powers needed to perform this contract, which shall be the sole contact for the Court of Justice of the European Union.
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: A. candidates must provide a duly completed, signed and dated solemn declaration (a template for this solemn declaration must be requested from the following address:

(a) certifying that they are not in 1 of the following situations:
(a1) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;
(a2) they or persons having powers of representation, decision making or control over them have been convicted of an offence concerning their professional conduct by a judgment of a competent authority of a Member State which has the force of 'res judicata';
(a3) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify including by decisions of the EIB and international organisations;
(a4) they are not in compliance with their obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed;
(a5) they or persons having powers of representation, decision making or control over them have been the subject of a judgment which has the force of 'res judicata' for fraud, corruption, involvement in a criminal organisation, money laundering or any other illegal activity, where such illegal activity is detrimental to the Union's financial interests;
(a6) they are the subject of an administrative penalty for being guilty of misrepresentation or for failing to provide the information required by the contracting authority in a tender procedure for another contract, or for having been declared to be in serious breach of contract for failure to comply with their contractual obligations with regard to contracts or grants financed by the budget of the Union;
(b) certifying that:
(b1) they are not in a conflict of interests in connection with this contract; a conflict of interests may arise in particular as a result of economic interests, political or national affinities, family or emotional ties, or any other kind of relationship or mutual interest;
(b2) they shall inform the contracting authority, without delay, of any situation constituting a conflict of interests or which could give rise to a conflict of interests;
(b3) they have not agreed to, sought, tried to obtain or accepted any inducement, whether financial or in kind, and that they undertake not to do so, for or on behalf of any person, which, directly or indirectly, would constitute an illegal or corrupt practice serving as an incentive or reward linked to the award of the contract;
(b4) they have provided and will provide the contracting authority with information that is accurate, sincere and complete under this procurement procedure.
NB: the successful tenderer must, on pain of exclusion, provide the documentary evidence in support of the solemn declaration within a time limit set in writing by the contracting authority and prior to signature of the contract.
NB: in the event they are awarded the contract, groupings must provide the solemn declaration along with the supporting documents and information for each individual member.
B. Candidates (each entity involved in the case of a grouping) must also provide:
— their memorandum and articles of association and particulars (registered office, capital structure, shareholders and profit sharing, and the structure of the Board of Directors) published in the trade and companies register or, for companies established outside of Luxembourg, any document showing proof of ability to carry out the professional activity in accordance with Article 46 of Directive 2004/18/EC of the European Parliament and of the Council, The candidate must also submit proof of the authority of the signatory/signatories of the request to participate,

— completed administrative information form (this form must be requested from the following address:,

— duly completed and signed legal entity form, accompanied by all the documentary evidence required therein; a form specific for each official language of the European Union and each corporate form is available from the following web address:

— bank identification form, completed and signed by the candidate and the bank; this form is available at the following web address:

III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: — for the past 3 financial years available, a statement as to:
(a) turnover;
(b) the overall net result after tax;
(c) the total amount of current assets (available within 1 year);
(d) the total amount of current liabilities (less than 1 year); and
(e) the total amount of non-current liabilities (over 1 year),
— copy of the balance sheets for the past 3 financial years for which accounts have been closed.
Minimum level(s) of standards possibly required: the average annual turnover must have been at least 500 000 EUR during the past 3 financial years.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
— reference list of the main joinery works, equivalent in quantity to those described in section II of this contract notice, provided over the past 10 years, with details of the values, dates and recipients,
— the candidate must provide proof of customer satisfaction (signed by the customers) for works equivalent to those in this contract, which were carried out in the past 5 years,
— where applicable, details on the proportion of the contract which the candidate intends to subcontract.
Minimum level(s) of standards possibly required:
— the candidate must provide at least 5 references,
— the candidate must provide at least 3 documents proving customer satisfaction (signed by the customers).
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Accelerated restricted
Justification for the choice of accelerated procedure: at the end of October 2015, an agreement was reached within the legislative authority to increase the number of Court members. The new members are scheduled to take up their duties in January 2016; the new offices (including the bookcases) must therefore be operational as of 31.1.2016.
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
Lowest price
IV.2.2)Information about electronic auction
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
IV.3.2)Previous publication(s) concerning the same contract
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate
27.11.2015 - 12:00
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
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
VI.2)Information about European Union funds
VI.3)Additional information
The invitation to tender procedure will be in 2 stages, as follows.
A. First stage (preselection stage):
1. interested economic operators must submit a request to participate in this contract, dated and signed by the person authorised to represent the company or the grouping.
This request must contain the solemn declaration and the documents requested in section III of this contract notice (Legal, economic, financial and technical information).
2. The request to participate shall be sent to:
Court of Justice of the European Union, Directorate-General for Infrastructure, Buildings Directorate, plateau de Kirchberg, 2925 Luxembourg, LUXEMBOURG — Invitation to tender COJ-PROC-15/025.
The request to participate will comprise 1 original and 2 copies. Submissions must be made using a double envelope. Both envelopes must be sealed, with the inner one marked with the name and address of the department to which it is addressed, as indicated in the invitation to tender, and the words:
'Appel d'offres COJ-PROC-15/025 — Offre de la firme ………………….. — À ne pas ouvrir par le service courrier'
If self-seal envelopes are used, they must be sealed with adhesive tape, with the sender's signature written across the tape.
3. Candidates may submit their requests to participate:
— either by post or by private courier, by 27.11.2015 (12:00) at the latest, as evidenced by the postmark or the date on the delivery receipt,
— or deliver them to the address of the Court of Justice above, by 27.11.2015 (12:00) at the latest. Delivery of the tender will be confirmed in this case by a dated receipt signed by the official from the Court of Justice's Central Mail Department who takes delivery of the documents.
B. Second stage:
candidates shortlisted at the end of the preselection stage will be invited to submit a tender. The invitation to tender dossier (including the letter of invitation to tender, the specifications and the model contract to be used) will be sent to them directly without any other publication in the Official Journal of the European Union.
NB: sending a request to participate or drawing up a tender does not give tenderers either the right to be awarded a contract or to receive any compensation for costs incurred. This notice does not entail any obligation on the part of the contracting authority to award the contract.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

General Court of the European Union
plateau de Kirchberg
2925 Luxembourg
Telephone: +352 4303-1
Internet address:
Fax: +352 4303-2100

VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: within 2 months of the petitioner being notified or, failing this, of the date on which it became known to them.
Lodging a complaint with the European Ombudsman neither suspends this deadline nor creates a new deadline for appeals.
VI.4.3)Service from which information about the lodging of appeals may be obtained

General Court of the European Union
plateau de Kirchberg
2925 Luxembourg
Telephone: +352 4303-1
Internet address:
Fax: +352 4303-2100

VI.5)Date of dispatch of this notice: