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Luxembourg-Luxembourg: Provision of External Expertise in the Field of Banking Supervision and Resolution
Section I: Contracting authority
Section II: Object
Provision of External Expertise in the Field of Banking Supervision and Resolution
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.
SRB Resolution Planning and Execution/Actions, Fund Aid Assessment/State Aid Assessment
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.
General budget of the European Union.
ECB Supervisory Activities
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.
Section III: Legal, economic, financial and technical information
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).
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:
— 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).
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.
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.
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:
— implementation and monitoring of supervisory/early intervention measures;
— restructuring and recapitalisation of a bank;
— assessment of a bank’s capital and funding structures.
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.
Section IV: Procedure
12, rue Alcide de Gasperi, L-1615 Luxembourg-Kirchberg or via videoconference.
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: ECAfirstname.lastname@example.org, 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
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.
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.