Services - 480420-2021
24/09/2021    S186

Luxembourg-Luxembourg: Provision of External Expertise in the Field of Banking Supervision and Resolution

2021/S 186-480420

Contract notice

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: European Court of Auditors
Postal address: 12, rue Alcide de Gasperi
Town: Luxembourg
NUTS code: LU Luxembourg
Postal code: 1615
Country: Luxembourg
Contact person: European Court of Auditors, Procurement Service
E-mail: eca-procurement.service@eca.europa.eu
Telephone: +352 4398-1
Fax: +352 4398-46540
Internet address(es):
Main address: http://www.eca.europa.eu
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=9309
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=9309
Tenders or requests to participate must be submitted to the abovementioned address
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:

Provision of External Expertise in the Field of Banking Supervision and Resolution

Reference number: AO 779
II.1.2)Main CPV code
79410000 Business and management consultancy services
II.1.3)Type of contract
Services
II.1.4)Short description:

The purpose of this call for tenders is to conclude competitive multiple framework contracts with reopening of competition (hereinafter referred to as ‘the FWC’) with maximum five (5) contractors for the following services:

— To assist and provide expert advice to the Court in the context of its mandate consisting in conducting an annual performance audit on the use of the Single Resolution Fund (SRB) in the context of bank resolutions managed by the Single Resolution Board (SRB).

— To assist the Court in special performance audits of the Single Resolution Mechanism (SRM), which can focus on specific questions of efficiency and effectiveness.

— To assist the Court in special performance audits of the European Central Bank (ECB) with regard to its supervisory activities conferred within the Single Supervisory Mechanism (SSM), which can focus on specific questions of operational efficiency and effectiveness.

II.1.5)Estimated total value
Value excluding VAT: 1 000 000.00 EUR
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for all lots
II.2)Description
II.2.1)Title:

SRB Resolution Planning and Execution/Actions, Fund Aid Assessment/State Aid Assessment

Lot No: 1
II.2.2)Additional CPV code(s)
79212000 Auditing services
79410000 Business and management consultancy services
79419000 Evaluation consultancy services
II.2.3)Place of performance
NUTS code: LU00 Luxembourg
II.2.4)Description of the procurement:

The contractor might be asked to provide the following advisory services:

Lot 1: SRB resolution planning and resolution execution/actions, fund aid assessment/state aid assessment.

Resolution planning: an assessment of resolution plan(s). This can include the strategic business analysis of a bank, the chosen resolution strategy, the resolvability assessment including the determination of significant impediments, and the MREL assessment.

Resolution actions: an assessment of the chosen resolution scheme, which can include the Failing or Likely to Fail (‘FOLTF’) assessment, the public interest test (whether normal insolvency or resolution could have been used), and the resolution tools chosen. It can also include comparison with the resolution strategy selected in the resolution plan and whether it is compliant with the Single Rulebook.

Fund aid assessment/state aid assessment: An assessment of the fund aid decision to underpin any resolution with use of the fund. This can include (1) an assessment of the appropriateness of the resolution tools and/or an assessment of the valuation(s) underpinning resolution (incl. key assumptions, data used, the ‘no creditor worse off’ principle, compensation to shareholders or creditors from the Fund), and the need to minimise the use of the fund; and (2) an assessment of the efficiency and rigour of the Commission’s actions in this regard, and compatibility with the legal framework and other guidance in place.

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: 900 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
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.2.13)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:

General budget of the European Union.

II.2.14)Additional information
II.2)Description
II.2.1)Title:

ECB Supervisory Activities

Lot No: 2
II.2.2)Additional CPV code(s)
79200000 Accounting, auditing and fiscal services
79212000 Auditing services
79419000 Evaluation consultancy services
II.2.3)Place of performance
NUTS code: LU0 Luxembourg
II.2.4)Description of the procurement:

An assessment could include the supervisory actions undertaken by the ECB in the context of early intervention or crisis management. These can include an assessment of the specification of indicators and thresholds, breaches or potential breaches of regulatory requirements, early intervention measures and their follow up, and FOLTF decisions.

The above list of tasks for each lot is not exhaustive and may include specific issues arising in connection with a special performance audit of the SRM and/or the ECB. Similarly, depending on the circumstances, some tasks may not be necessary.

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: 100 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
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.2.13)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:

General budget of the European Union.

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
List and brief description of conditions:

Tenderers must be legally capable of performing all contracts they apply for. Tenderers’ legal capacity will be evaluated on the basis of the documents as below:

— formal declaration on honour on the exclusion and selection criteria (with the tender);

— proof of entry in the professional or trade register under the conditions laid down by legislation in the country in which the tenderer is established (shall be requested from the tenderers to whom the award of the contract might be proposed);

— a legible copy of the notice of appointment of the person(s) authorised to represent the tenderer in concluding contracts, if it is not included in the abovementioned document (shall be requested from the tenderers to whom the award of the contract might be proposed).

III.1.2)Economic and financial standing
List and brief description of selection criteria:

Tenderers must have sufficient economic and financial capacity to perform the FWC in compliance with the terms of the contract, taking into account its value and scale.

The following documents shall be provided:

— formal declaration on honour on the exclusion and selection criteria (with the tender);

— a statement of annual turnover for each of the past two financial years for which accounts have been closed; copies of the profit and loss accounts and balance sheets for the last two years for which accounts have been closed (Will be requested from tenderers to whom the award of the contract might be proposed).

Minimum level(s) of standards possibly required:

Lot 1: as proof of their capacity, tenderers’ average annual turnover for each of the past two financial years for which accounts have been closed must be above EUR 500 000.

Lot 2: as proof of their capacity, tenderers’ average annual turnover for each of the past two financial years for which accounts have been closed must be above EUR 50 000.

III.1.3)Technical and professional ability
List and brief description of selection criteria:

Tenderers must have sufficient technical and professional capacity to perform the FWC in compliance with the contract terms, taking into account its value and scale.

Minimum level(s) of standards possibly required:

In respect of the FWC, which is the subject of this invitation to tender, the Court requires tenderers to have the following minimum levels of technical and professional capacity:

Criterion T1 – projects in the lot area

Lot 1: extensive international experience (in at least two EU Member States), obtained by providing relevant services to the banking sector, resolution authorities and/or banking supervisors in at least three of the following areas:

— restructuring and recapitalisation of a bank, including assessment of its legal and operational structure, critical functions, core business lines and how they could be separated, and monitoring of the implementation of the restructuring plan;

— assessment whether a bank can be wound up under normal insolvency proceedings;

— evaluation/ assessment of a bank’s risk management;

— preparation of financial and economic valuations of bank’s assets and liabilities and off-balance sheet positions;

— auditing the financial statements of banks;

— assessment of a bank’s performance, short- and long-term viability and solvency;

— assessment of a bank’s capital and funding structures;

— write-down and conversion of capital instruments (e.g. debt/equity swap, write-down of liabilities, bail-in of creditors).

At least three projects completed in the last five years preceding the tender submission deadline.

Lot 2: extensive international experience (in at least two EU member states), obtained by providing relevant services to the banking sector, resolution authorities and/or banking supervisors in the area of bank crisis management in at least three of the following areas:

— evaluation/ assessment of a bank’s risk management;

— implementation and monitoring of supervisory/early intervention measures;

— restructuring and recapitalisation of a bank;

— assessment of a bank’s performance, short- and long-term viability and solvency;

— assessment of a bank’s capital and funding structures.

At least three projects completed in the last five years preceding the tender submission deadline.

Criterion T2 – educational and professional qualifications to perform the contract

Lot 1 and lot 2: the tenderer must demonstrate to have sufficient technical and professional capacity in terms of available human resources to guarantee continuous and satisfactory performance throughout the envisaged lifetime of the contract. To comply with the minimum requirement, the tenderer must demonstrate that it has the capacity to present as a minimum at least one professional per profile fulfilling the mandatory minimum requirements as per part B, point 4 necessary for delivering the services in question.

If the tenderer decides to participate in the second lot, it can do so with the same pool of experts if they have sufficient technical capacity and fulfil the mandatory minimum requirements as per part B, point 4 of the tender specifications necessary for delivering the services in question.

III.2)Conditions related to the contract
III.2.3)Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract

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
Framework agreement with several operators
Envisaged maximum number of participants to the framework agreement: 5
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.2.2)Time limit for receipt of tenders or requests to participate
Date: 05/11/2021
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: 08/11/2021
Local time: 11:00
Place:

12, rue Alcide de Gasperi, L-1615 Luxembourg-Kirchberg or via videoconference.

Information about authorised persons and opening procedure:

Tenderers or their representative who wish to be present at the opening of the bids must inform the European Court of Auditors in writing by e-mail: ECA-procurement.service@eca.europa.eu, one working day before the opening of the bids at the latest at noon time, and must produce their authorisation from the tendering company. Only one representative per tenderer will be admitted.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
Electronic invoicing will be accepted
VI.3)Additional information:

The act of tendering does not give tenderers the right either to be awarded the contract or to receive any compensation for costs incurred.

Any additional information including that referred to above will be available only on e-tendering, so the tenderers are strongly advised to consult it at regular intervals as additional information may be added at any time up to the closing date for submission of tenders.

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
Telephone: +352 4303-1
Fax: +352 4303-2100
Internet address: http://curia.europa.eu/
VI.4.2)Body responsible for mediation procedures
Official name: European Ombudsman
Town: Strasbourg
Postal code: 67001
Country: France
Telephone: +33 388172313
Internet address: http://ombudsman.europa.eu/
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Within 2 months of the plaintiff being notified or, failing this, of the day on which it became known to them. A complaint made to the European Ombudsman neither suspends this period nor opens a new period for lodging appeals.

VI.4.4)Service from which information about the review procedure may be obtained
Official name: European Court of Auditors, Procurement Service
Postal address: 12, rue Alcide de Gasperi
Town: Luxembourg
Postal code: 1615
Country: Luxembourg
E-mail: eca-procurement.service@eca.europa.eu
Telephone: +352 4398-1
Fax: +352 4398-46540
Internet address: http://www.eca.europa.eu
VI.5)Date of dispatch of this notice:
14/09/2021