Usługi - 531595-2018

04/12/2018    S233    European Parliament - Services - Contract notice - Open procedure 

Belgium-Brussels: Expertise on Regulatory and Policy Issues in the Fields of Judicial Cooperation in Civil Matters (Lot 1), Company Law (Lot 2), and Intellectual Property Law (Lot 3)

2018/S 233-531595

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
European Parliament, Official Mail Service
Rue Wiertz 60
Brussels
1047
Belgium
Contact person: Michael Alexander Speiser
Telephone: +32 22832475
E-mail: poldepc-finance@ep.europa.eu
NUTS code: BE100

Internet address(es):

Main address: http://www.europarl.europa.eu

I.2)Information about joint procurement
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: www.europarl.europa.eu/tenders/invitations.htm
Additional information can be obtained from the abovementioned address
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
Other activity: Civil judicial cooperation, company law, and intellectual property law

Section II: Object

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

Expertise on Regulatory and Policy Issues in the Fields of Judicial Cooperation in Civil Matters (Lot 1), Company Law (Lot 2), and Intellectual Property Law (Lot 3)

II.1.2)Main CPV code
79110000
II.1.3)Type of contract
Services
II.1.4)Short description:

The framework contract covers the provision of independent expert advice on a variety of current and emerging issues in the fields of:

— Judicial Cooperation in Civil Matters (Lot 1),

— Company Law (Lot 2), and

— Intellectual Property Law (Lot 3).

II.1.5)Estimated total value
Value excluding VAT: 3 000 000.00 EUR
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for all lots
Maximum number of lots that may be awarded to one tenderer: 3
II.2)Description
II.2.1)Title:

Judicial Cooperation in Civil Matters

Lot No: 1
II.2.2)Additional CPV code(s)
79100000
II.2.3)Place of performance
NUTS code: BE100
Main site or place of performance:

European Parliament, Brussels.

II.2.4)Description of the procurement:

The planned framework service contract is intended to support the work of the Committee on Legal Affairs (JURI) in the European Parliament by enabling it to order studies, briefings, support of European Parliament events with external experts, etc. within its areas of competence.

Through the Framework service contracts, expertise shall be provided in the form of papers of varying length,delivered upon ad hoc requests within a limited and defined time frame. In addition to written advice, the framework service contract would also cover associated services such as attendance at Committee meetings and presentations by lead experts, or the support of European Parliament events with external experts as appropriate. The service providers bear sole scientific responsibility for the results of their work.

Lot 1 (Judicial cooperation in civil matters):

With cross-border mobility and activities constantly growing within the EU, civil justice cooperation seeks to eliminate any obstacles deriving from divergences between national legal and administrative systems and thus to ensure that citizens and businesses fully enjoy their rights under the Treaties.

EU legislation in the field of civil judicial cooperation has considerably developed over the last 2 decades. Moreover, the entry into force of the Treaty of Lisbon with its new legal basis (Article 81 TFEU) gave a renewed impetus to the further establishment of an EU area of civil justice. As a result thereof, current EU civil justice instruments cover a wide spectrum of civil law areas ranging from common rules concerning conflict of laws and jurisdiction in contractual and non-contractual obligations as well as in key aspects of family law, to the simplification of access to justice for the resolution of cross-border legal disputes.

In this respect, EU action primarily aims to ensure a high degree of legal certainty for citizens and businesses in cross-border relations; to guarantee easy and effective cross-border dispute resolution mechanisms and to streamline and modernise cooperation instruments between national civil judiciaries and legal professions.

Against this background, Lot 1 covers expertise on all matters related to EU judicial cooperation in civil matters, including:

— EU law acquis in the fields of civil law, private international law, family law, contract and commercial law and civil procedural law,

— EU legislation on access to justice, including collective redress and alternative methods of dispute resolution,

— the comparative assessment of national legal systems and case-law in the above-mentioned areas,

— EU cross-border civil judicial cooperation mechanisms and tools,

— EU action to support judicial training and professional networks,

— the challenges which digitalisation imposes on civil law and civil law procedures, including legal questions raised by the use of Artificial Intelligence applications,

— the relevant case-law of the Court of Justice of the European Union,

— global instruments of private international law (particularly conventions developed in the context of the United Nations (UNCITRAL), the Hague Conference on Private International Law (HCCH), the International Commission on Civil Status (ICCS) and Unidroit) and the way they inter-act with EU rules.

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: 1 000 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 60
This contract is subject to renewal: yes
Description of renewals:

The contract shall run for an initial period of 12 months from date of signature of the last contracting party, and then be renewed tacitly on an annual basis for a maximum of 4 times. Thus, the duration of the contract may not exceed five years (60 months) from the date of its entry into force.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
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:

Company Law

Lot No: 2
II.2.2)Additional CPV code(s)
79100000
II.2.3)Place of performance
NUTS code: BE100
Main site or place of performance:

European Parliament, Brussels

II.2.4)Description of the procurement:

The planned framework service contract is intended to support the work of the Committee on Legal Affairs (JURI) in the European Parliament by enabling it to order studies, briefings, support of European Parliament events with external experts, etc. within its areas of competence.

Through the Framework service contracts, expertise shall be provided in the form of papers of varying length,delivered upon ad hoc requests within a limited and defined time frame. In addition to written advice, the Framework service contract would also cover associated services such as attendance at Committee meetings and presentations by lead experts, or the support of European Parliament events with external experts as appropriate. The service providers bear sole scientific responsibility for the results of their work.

Lot 2 (Company Law):

EU legislation on company law is to promote the achievement of freedom of establishment (Title IV, Chapter 2 TFEU) and to implement the fundamental right laid down in Article 16 of the Charter of Fundamental Rights of the European Union, the freedom to conduct a business within the limits of Article 17 of the Charter (right to property). It includes harmonisation of national rules of company law and the different legal forms such as the European Company (SE), the European Economic Interest Grouping (EEIG) the European Cooperative Society (SCE) and the European Foundation (EF). EU company law and corporate governance rules for companies, investors and employees need to be constantly updated in line with the changing economic environment. The Legal Affairs Committee is a key player in the inter-institutional process every time that legislation in those areas is proposed or modified.

Against this background, Lot 2 covers expertise on:

— EU law acquis in the field of company law, from setting up a company, capital and disclosure requirements, mergers and divisions and transfer of seat, the protection of shareholders’ interests and the capital of public limited-liability companies, takeover bids, branch disclosure, to minimum rules for single-member private limited-liability companies, as well as financial reporting and accounting,

— current technical developments (digitalisation) towards the modernisation of company law and enhancement of corporate governance, including corporate social responsibility, especially in case of insolvency,

— legal issues and political debate related to the development of European company forms and to company mobility, including the question of cross-border transfer of company seats,

— current developments and policy options for the simplification of the regulatory environment of companies in the EU, including targeted measures for micro entities and small and medium-sized enterprises,

— the comparative assessment of national legal systems in the area of company law,

— the relevant case law of the Court of Justice of the European Union in this area.

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: 1 000 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 60
This contract is subject to renewal: yes
Description of renewals:

The contract shall run for an initial period of 12 months from date of signature of the last contracting party, and then be renewed tacitly on an annual basis for a maximum of 4 times. Thus, the duration of the contract may not exceed 5 years (60 months) from the date of its entry into force.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
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:

Intellectual Property Law

Lot No: 3
II.2.2)Additional CPV code(s)
79100000
II.2.3)Place of performance
NUTS code: BE100
Main site or place of performance:

European Parliament, Brussels

II.2.4)Description of the procurement:

The planned framework service contract is intended to support the work of the Committee on Legal Affairs (JURI) in the European Parliament by enabling it to order studies, briefings, support of European Parliament events with external experts, etc. within its areas of competence.

Through the Framework service contracts, expertise shall be provided in the form of papers of varying length,delivered upon ad hoc requests within a limited and defined time frame. In addition to written advice, the Framework service contract would also cover associated services such as attendance at Committee meetings and presentations by lead experts, or the support of European Parliament events with external experts as appropriate. The service providers bear sole scientific responsibility for the results of their work.

Lot 3 (Intellectual Property Law):

Intellectual property law supports creativity, innovation, and the European Union needs to protect these intangible assets for growth and competitiveness. This lot covers the regulation of industrial property (patents and trademarks, designs and models), copyright and other matters such as denominations of origin, geographical indications, plant varieties or the protection of trade secrets as well as the rules on the enforcement of those rights. A balance has to be struck between the interests of the various parties involved and between the fundamental rights at stake. Copyright has been under intense scrutiny on the part of the public, in the context of the adoption of EU legislation during the 8th legislature and of international treaties.

Against this background, Lot 3 covers expertise on:

— EU law acquis in the various areas of intellectual property law as described above,

— legal issues and political debate related to the development of the European unitary patent,

— current developments and policy options for the simplification of the regulatory environment,

— impacts of digitalisation on the position of content providers and consumers

— the comparative assessment of national legal systems in the area of intellectual property law,

— the relevant case law of the Court of Justice of the European Union in this area.

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: 1 000 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 60
This contract is subject to renewal: yes
Description of renewals:

The contract shall run for an initial period of 12 months from date of signature of the last contracting party, and then be renewed tacitly on an annual basis for a maximum of 4 times. Thus, the duration of the contract may not exceed 5 years (60 months) from the date of its entry into force.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
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 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:

In relation to this procedure the European Parliament does not request a proof of status and legal capacity at this stage of the procedure but reserves the right to do so at a later stage, if it deems it necessary.

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

Tenderers shall have sufficient economic and financial capacity to enable them to perform the contract in compliance with the contractual provisions. If, in the light of the information supplied, the European Parliament has doubts about a tenderer's financial resources, or if these are insufficient for performance of the contract, the tender may be rejected without the tenderer being able to claim any financial compensation.

The tenderer may also rely on the capacity of other entities, irrespective of the legal nature of the links between himself/herself and those entities. In that case he/she must prove to the European Parliament that he/she will have the resources necessary for performance of the contract, for example by producing an undertaking on the part of those entities to make them available to him. In that case the European Parliament is entitled to refuse the application or the tender submitted if it has doubts about the undertaking by the third party or about that party’s financial capacity. Parliament may, where applicable, require the tenderer and those other entities to be jointly and severally liable for the performance of the contract.

On the same basis, a group of economic operators may rely on the capacity of members of the group or of other entities.

Minimum level(s) of standards possibly required:

In respect of the contract which is the subject of this invitation to tender, the European Parliament requires tenderers to have a minimum financial and economic capacity:

— minimum turnover of 80 000 EUR/year over the last 2 financial years.

Financial and economic capacity will be assessed on the basis of the information included in the following documents, to be supplied by tenderers:

— income declaration for at least the 2 most recent financial years. For legal persons, this can be done through a statement of overall turnover; for tenderers who are natural persons, gross income will be deemed to represent turnover.

If the tenderer is unable to provide the references requested, he may prove his economic and financial capacity by any other document which the European Parliament considers appropriate.

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

Tenderers must have sufficient technical and professional capacity to enable them to perform the contract in compliance with the contractual provisions. If, in the light of the information supplied, the European Parliament has doubts about a tenderer's technical and professional capacity, or if this is clearly insufficient for performance of the contract, the tender may be rejected without the tenderer being able to claim any financial compensation.

The tenderer or candidate may also rely on the capacity of other entities, irrespective of the legal nature of the links between himself and those entities. In that case he/she must prove to the European Parliament that he/she will have the resources needed to perform the contract, for instance by providing a commitment by those entities to that effect. The European Parliament is entitled to refuse the application or the tender submitted if it has doubts about the undertaking by the third party.

For a group of economic operators and in case of sub-contracting, it is the global technical and professional capacity of all the members that is taken into account in the evaluation.

Minimum level(s) of standards possibly required:

In respect of the contract which is the subject of this invitation to tender the European Parliament requires tenderers, including the persons responsible for carrying out the services, to have the following technical and professional capacity:

— Minimum structure of team:

—— at least three (3) persons of the core team need to qualify as researchers, meaning they need to have a professional and/or post-graduate academic experience of a minimum of three (3) years, of which at least two (2) years in the area covered by each lot the tenderer is applying for;

—— at least one (1) person of the core team needs to qualify as a senior researcher, meaning a professional and/or post-graduate academic experience of a minimum of five (5) years is required, of which at least two (2) years in the area covered by each lot the tenderer is applying for;

—— at least one (1) person of the core team needs to qualify as project leader, meaning a professional and/or post-graduate academic experience of a minimum of seven (7) years is required, of which at least two (2) years in the area covered by each lot the tenderer is applying for;

— the successful completion of at least four (4) research contracts supporting policy development at international or national level as proof of previous experience;

— a publishing record in the field of the lot tendered for;

— scientific/academic distinction clearly relating to research in the fields relevant for the lot tendered for;

— knowledge of the EU institutional framework and decision-making process.

Technical and professional capacity will be assessed on the basis of the information included in the following documents, to be supplied by tenderers:

— the educational and professional qualifications of the staff planned for the execution of the services, including the ones of any sub-service providers or sub-contractors, if relevant (CVs). For each CV (maximum 3 pages) the contractor will indicate if it corresponds to a researcher, senior researcher or project leader profile (please refer to the corresponding definitions used here above for additional information),

— a list of research contracts completed (minimum four (4) contracts to be mentioned),

— a compilation of publications of the staff planned for the execution of the services on relevant issues in the academic press carried out in the past five (5) years,

— proof of membership in academic research networks or think-tanks or other indications for scientific excellence such as awards, grants for research projects and similar,

— proof of relevant articles touching on issues of the EU institutional framework, experience in working in an area related to EU issues, participation in conferences, courses etc. on matters related to the European Union.

III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.1)Information about a particular profession
III.2.2)Contract performance conditions:

For the duration of this framework service contract, the contractor must guarantee the same level of quality as previously defined in the selection criteria. This guarantee of continuity shall also apply in drop-outs of experts, e.g.

— on account of sickness or accident, a member of staff is unable to continue providing services,

— any person specified in the contract does not perform his duties under this contract,

— for any other reason beyond control of the contractor, it becomes necessary to replace any of his personnel.

In such cases, the contractor shall provide a replacement with at least equivalent qualifications and experience and acceptable to the European Parliament in order not to jeopardise the implementation of the framework contract. The European Parliament therefore reserves the right to accept or reject any replacement expert proposed during the performance of the contract. The European Parliament’s authorisation will always be granted in writing.

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: 15
In the case of framework agreements, provide justification for any duration exceeding 4 years:

Framework agreement connected with the work of a parliamentary committee, to be aligned to the parliamentary term of 5 years.

IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction
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
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 18/02/2019
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: 12 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders
Date: 07/03/2019
Local time: 10:00
Place:

European Parliament's premises (Brussels)

Information about authorised persons and opening procedure:

Tenderers who wish to attend the opening of the tenders are asked to notify the department responsible for managing this procurement procedure by email to the following address: poldepc-finance@ep.europa.eu no later than 18.2.2019. Only one (1) representative per tenderer may attend.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review body
Court of Justice of the European Union
Boulevard Konrad Adenauer
Luxembourg
2925
Luxembourg
Telephone: +352 43031
Fax: +352 43032600

Internet address: https://curia.europa.eu/

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
VI.4.4)Service from which information about the review procedure may be obtained
Court of Justice of the European Union
Boulevard Konrad Adenauer
Luxembourg
2925
Luxembourg
Telephone: +352 43031
Fax: +352 43032600

Internet address: https://curia.europa.eu/

VI.5)Date of dispatch of this notice:
22/11/2018