Services - 456373-2019

30/09/2019    S188

Luxembourg-Luxembourg: EIB - Legal Services under Luxembourgish and EU Law

2019/S 188-456373

Contract award notice

Results of the procurement procedure

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: European Investment Bank
Postal address: 98–100, boulevard Konrad Adenauer
Town: Luxembourg
NUTS code: LU000 Luxembourg
Postal code: 2950
Country: Luxembourg
Contact person: CS-Procurement
E-mail: cs-procurement@eib.org
Internet address(es):
Main address: http://www.eib.org
Address of the buyer profile: http://www.eib.org/about/procurement/index.htm
I.4)Type of the contracting authority
European institution/agency or international organisation
I.5)Main activity
Economic and financial affairs

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Legal Services under Luxembourgish and EU Law

Reference number: WK-1531
II.1.2)Main CPV code
79110000 Legal advisory and representation services
II.1.3)Type of contract
Services
II.1.4)Short description:

Provision of legal services to the EIB concerning general advice and support for lending operations under Luxembourgish law (Lot A), support for funds and other similar equity operations under Luxembourgish law (Lot B) and EU law advice (Lot C).

II.1.6)Information about lots
This contract is divided into lots: yes
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 10 000 000.00 EUR
II.2)Description
II.2.1)Title:

General Advice and Support for Lending Operations under Luxembourgish Law

Lot No: 1
II.2.2)Additional CPV code(s)
79110000 Legal advisory and representation services
79111000 Legal advisory services
II.2.3)Place of performance
NUTS code: LU LUXEMBOURG
Main site or place of performance:

In principle the framework members will work from their usual professional premises, the EIB may require their participation from time to time in meetings and negotiations, mainly in Luxembourg.

II.2.4)Description of the procurement:

General advice and support for lending operations under Luxembourgish law, including advice on matters related to Luxembourgish law in all areas and, in particular, in the fields of:

— banking and finance (including structured corporate finance and capital markets),

— real estate,

— intellectual property,

— corporate law,

— employment law, and

— regulatory and administrative law

— provision of trainings in relation to Luxembourgish law and provision of legal updates,

— advice on EIB’s templates/standard contractual documentation governed by Luxembourgish law (master finance contract, equity type finance contract, guarantee, warrant agreement, etc.) including developing new templates,

— legal support in respect of lending operations governed by Luxembourgish law to be carried out by the EIB within and outside the EU including but not limited to bilateral lending transactions, structured finance, PPP transactions, financing through subscription of bonds and transactions guaranteed by the EIB. Corporate finance transactions may include secured or unsecured loans to SME’s or MidCap’s with differing rankings, combined with remuneration features such as warrants or other performance participation structures. The legal support shall include in particular drafting, negotiating and monitoring of contractual documents, assisting with conditions precedent and issuing legal opinions.

II.2.5)Award criteria
Quality criterion - Name: Technical merit of the proposed team / Weighting: 500
Quality criterion - Name: Methodology for service delivery and technical resources / Weighting: 300
Price - Weighting: 200
II.2.11)Information about options
Options: no
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information
II.2)Description
II.2.1)Title:

Support for Funds and other Similar Equity Operations under Luxembourgish Law

Lot No: 2
II.2.2)Additional CPV code(s)
79110000 Legal advisory and representation services
79111000 Legal advisory services
II.2.3)Place of performance
NUTS code: LU LUXEMBOURG
Main site or place of performance:

In principle the framework members will work from their usual professional premises, the EIB may require their participation from time to time in meetings and negotiations, mainly in Luxembourg.

II.2.4)Description of the procurement:

Support for funds and other similar equity operations under Luxembourgish law, including:

— legal support to EIB’s legal department in respect of investment funds and other similar equity operations governed by Luxembourgish law to be carried out by the EIB within and outside the EU, such support to include in particular drafting, negotiating and monitoring of contractual documents, assisting with conditions precedent and issuing legal opinions,

— provision of trainings in relation to Luxembourgish law and provision of legal updates,

— advice on EIB’s templates/standard contractual documentation governed by Luxembourgish law (side letter, etc.) including developing new templates,

— advice on matters related to Luxembourgish law in respect of the set-up of funds, platforms and securitization vehicles or other vehicles.

II.2.5)Award criteria
Quality criterion - Name: Technical merit of the proposed team / Weighting: 500
Quality criterion - Name: Methodology for service delivery and technical resources / Weighting: 300
Price - Weighting: 200
II.2.11)Information about options
Options: no
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information
II.2)Description
II.2.1)Title:

EU Law Advice

Lot No: 3
II.2.2)Additional CPV code(s)
79110000 Legal advisory and representation services
79111000 Legal advisory services
II.2.3)Place of performance
NUTS code: LU LUXEMBOURG
Main site or place of performance:

In principle the framework members will work from their usual professional premises, the EIB may require their participation from time to time in meetings and negotiations, mainly in Luxembourg.

II.2.4)Description of the procurement:

EU law advice, including

Advice on matters related to substantive European law in all domains and, in particular, in the fields of:

— public procurement,

— environmental law,

— the competences and procedures of the European Ombudsman,

— state aid and competition law, and

— transparency and public access to documents or information.

Advice on matters related to institutional matters, such as:

— the functioning and governance of EU institutions, EU bodies and international (financial) organizations,

— the general legal framework applicable to the organization and operation of the EIB,

— the privileges and immunities of EU bodies and international organizations, including their tax exemptions,

— the Treaties and other EU acts relating to the EIB and its activities in the context of its operations inside and outside the EU,

— the interpretation and enforcement of international treaties, international dispute settlement and arbitration,

— the competences of the EIB’s governing bodies and the interpretation and application of their decisions,

— the EIB’s relations with other European institutions and bodies, the Member States, the European Investment Fund, third countries and other international organizations,

— EIB employment (staff) relations, including social security, pension and health insurance schemes and pension funds.

II.2.5)Award criteria
Quality criterion - Name: Technical merit of the proposed team / Weighting: 500
Quality criterion - Name: Methodology for service delivery and technical resources / Weighting: 300
Price - Weighting: 200
II.2.11)Information about options
Options: no
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Open procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2019/S 021-044863
IV.2.8)Information about termination of dynamic purchasing system
IV.2.9)Information about termination of call for competition in the form of a prior information notice

Section V: Award of contract

Contract No: 1
Lot No: 1
Title:

General Advice and Support for Lending Operations under Luxembourgish Law

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
13/09/2019
V.2.2)Information about tenders
Number of tenders received: 17
The contract has been awarded to a group of economic operators: yes
V.2.3)Name and address of the contractor
Official name: Allen and Overy SCS
Town: Luxembourg
NUTS code: LU000 Luxembourg
Country: Luxembourg
The contractor is an SME: no
V.2.3)Name and address of the contractor
Official name: Clifford Chance SCS
Town: Luxembourg
NUTS code: LU000 Luxembourg
Country: Luxembourg
The contractor is an SME: no
V.2.3)Name and address of the contractor
Official name: Elvinger Hoss Prussen SA
Town: Luxembourg
NUTS code: LU000 Luxembourg
Country: Luxembourg
The contractor is an SME: yes
V.2.3)Name and address of the contractor
Official name: Arendt and Medernach SA
Town: Luxembourg
NUTS code: LU000 Luxembourg
Country: Luxembourg
The contractor is an SME: no
V.2.3)Name and address of the contractor
Official name: NautaDutilh Avocats Luxembourg SARL
Town: Luxembourg
NUTS code: LU000 Luxembourg
Country: Luxembourg
The contractor is an SME: no
V.2.4)Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: 4 000 000.00 EUR
Total value of the contract/lot: 4 000 000.00 EUR
V.2.5)Information about subcontracting

Section V: Award of contract

Contract No: 2
Lot No: 2
Title:

Support for Funds and other Similar Equity Operations under Luxembourgish Law

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
13/09/2019
V.2.2)Information about tenders
Number of tenders received: 18
The contract has been awarded to a group of economic operators: yes
V.2.3)Name and address of the contractor
Official name: Allen and Overy SCS
Town: Luxembourg
NUTS code: LU000 Luxembourg
Country: Luxembourg
The contractor is an SME: no
V.2.3)Name and address of the contractor
Official name: Arendt and Medernach SA
Town: Luxembourg
NUTS code: LU000 Luxembourg
Country: Luxembourg
The contractor is an SME: no
V.2.3)Name and address of the contractor
Official name: Clifford Chance SCS
Town: Luxembourg
NUTS code: LU000 Luxembourg
Country: Luxembourg
The contractor is an SME: no
V.2.3)Name and address of the contractor
Official name: Van Campen Liem Luxembourg
Town: Luxembourg
NUTS code: LU000 Luxembourg
Country: Luxembourg
The contractor is an SME: yes
V.2.3)Name and address of the contractor
Official name: Elvinger Hoss Prussen SA
Town: Luxembourg
NUTS code: LU000 Luxembourg
Country: Luxembourg
The contractor is an SME: yes
V.2.4)Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: 4 000 000.00 EUR
Total value of the contract/lot: 4 000 000.00 EUR
V.2.5)Information about subcontracting

Section V: Award of contract

Contract No: 3
Lot No: 3
Title:

EU Law Advice

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
13/09/2019
V.2.2)Information about tenders
Number of tenders received: 14
The contract has been awarded to a group of economic operators: yes
V.2.3)Name and address of the contractor
Official name: Allen and Overy LLP Belgium
Town: Brussels
NUTS code: BE10 Région de Bruxelles-Capitale / Brussels Hoofdstedelijk Gewest
Country: Belgium
The contractor is an SME: no
V.2.3)Name and address of the contractor
Official name: Arendt and Medernach SA
Town: Luxembourg
NUTS code: LU000 Luxembourg
Country: Luxembourg
The contractor is an SME: no
V.2.3)Name and address of the contractor
Official name: NautaDutilh Avocats SARL
Town: Luxembourg
NUTS code: LU000 Luxembourg
Country: Luxembourg
The contractor is an SME: yes
V.2.3)Name and address of the contractor
Official name: Loyens and Loeff Advocaten
Town: Woluwe Saint-Lambert
NUTS code: BE10 Région de Bruxelles-Capitale / Brussels Hoofdstedelijk Gewest
Country: Belgium
The contractor is an SME: no
V.2.4)Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: 2 000 000.00 EUR
Total value of the contract/lot: 2 000 000.00 EUR
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

Concerning section IV.1.3) 'Information about a framework agreement or a dynamic purchasing system' the number of participants to the framework agreements shall be for:

— Lots A and B a maximum of 5 operators each, provided a sufficient number of admissible tenders is received,

— Lot C a maximum of 4 operators, provided a sufficient number of admissible tenders is received.

VI.4)Procedures for review
VI.4.1)Review body
Official name: General Court of the European Union
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
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Within 2 months of the notification to the plaintiff, or, in the absence thereof, of the day on which it came to the knowledge.

VI.5)Date of dispatch of this notice:
18/09/2019