Services - 542778-2018

11/12/2018    S238

Belgium-Brussels: Study on the Transposition by Member States of Directive 2016/943 on Trade Secrets

2018/S 238-542778

Contract award notice

Results of the procurement procedure


Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: European Commission/DG Internal Market, Industry, Entrepreneurship and SMEs/Directorate F: Innovation and Advanced Manufacturing
Postal address: N105 9/023
Town: Brussels
Postal code: 1049
Country: Belgium
Contact person:
Internet address(es):
Main address:
Address of the buyer profile:
I.4)Type of the contracting authority
European institution/agency or international organisation
I.5)Main activity
General public services

Section II: Object

II.1)Scope of the procurement

Study on the Transposition by Member States of Directive 2016/943 on Trade Secrets

Reference number: 690/PP/GRO/IMA/18/1133/10358
II.1.2)Main CPV code
73000000 Research and development services and related consultancy services
II.1.3)Type of contract
II.1.4)Short description:

The objective of this study is to assist the commission in evaluating Member States' transposition and implementation of Directive (EU) 2016/943 of the European Parliament and of the Council of 8.6.2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (the “Trade Secrets Directive”).

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 202 500.00 EUR
II.2.3)Place of performance
NUTS code: 00 Not specified
Main site or place of performance:

The place of performance of the tasks shall be the Contractor's premises or any other place indicated in the tender, with the exception of the commission's premises.

II.2.4)Description of the procurement:

In order to achieve the objectives of the study, the Contractor will need to perform the following:

1) Conduct a “completeness check”, i.e. verify whether the relevant national measures of the 28 EU Member States transpose all provisions of the “Trade Secrets Directive”;

2) Provide high quality translation into English of the national measures of the 28 EU Member States related to the transposition and implementation of the “Trade Secrets Directive”;

3) Conduct a “compliance check”, i.e. verify whether the relevant national measures of the 28 EU Member States are consistent with the “Trade Secrets Directive”;

4) Assess accompanying provisions”, i.e. identify national provisions that go beyond the respective requirements of the “Trade Secrets Directive”, assess their consistency with the “Trade Secrets Directive” and comment on their practical impact and legal consequences;

5) Identify “best practices” in the implementation of the “Trade Secrets Directive".

II.2.5)Award criteria
Quality criterion - Name: Quality of the proposed methodology to collect and analyse data. / Weighting: 40
Quality criterion - Name: Quality and efficiency of the proposed project management / Weighting: 40
Quality criterion - Name: Quality control measures / Weighting: 20
Price - Weighting: 30 %
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.1.1)Type of procedure
Open procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
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.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2018/S 096-217890
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: SI2.789602
Lot No: 1

Study on the Transposition by Member States of Directive 2016/943 on Trade Secrets

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
V.2.2)Information about tenders
Number of tenders received: 6
Number of tenders received by electronic means: 6
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor
Official name: VVA Brussels
National registration number: 597770616
Postal address: rue Van Eyck, 22
Town: Brussels
NUTS code: BE100 Arr. de Bruxelles-Capitale / Arr. van Brussel-Hoofdstad
Postal code: 1000
Country: Belgium
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: 250 000.00 EUR
Total value of the contract/lot: 202 500.00 EUR
V.2.5)Information about subcontracting
The contract is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties
Proportion: 75 %

Section VI: Complementary information

VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review body
Official name: General Court
Postal address: rue du Fort Niedergrünewald
Town: Luxembourg
Postal code: 2925
Country: Luxembourg
Telephone: +352 4303-1
Fax: +352 43032100
Internet address:
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

See Internet address provided in Section I.3

VI.5)Date of dispatch of this notice: