Check out our COVID-19 dedicated page for tenders related to medical equipment needs.

The Conference on the Future of Europe is your chance to share your ideas and shape the future of Europe. Make your voice heard!

Services - 638185-2020

29/12/2020    S253

Luxembourg-Luxembourg: EIB Group Joint External Audit Services

2020/S 253-638185

Modification notice

Modification of a contract/concession during its term

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority/entity

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: L-2950
Country: Luxembourg
Contact person: CS Procurement
E-mail: CS-procurement@eib.org
Telephone: +352 43791
Internet address(es):
Main address: http://www.eib.org
Address of the buyer profile: http://www.eib.org/about/procurement/index.htm

Section II: Object

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

EIB Group Joint External Audit Services

Reference number: LZ-1267
II.1.2)Main CPV code
79212000 Auditing services
II.1.3)Type of contract
Services
II.2)Description
II.2.1)Title:

Lot A: External Audit Services for the EIB

Lot No: 1
II.2.2)Additional CPV code(s)
79212000 Auditing services
II.2.3)Place of performance
NUTS code: LU000 Luxembourg
II.2.4)Description of the procurement at the time of conclusion of the contract:

Audit of the three sets of EIB financial statements and a review of the EIB semi-annual interim financial information, reviews of semi-annual and annual filings with the US Securities and Exchange Commission and annual filing with the Japanese Ministry of Finance (reported in Japanese), support for the EIB's various bond offerings in the international capital markets — including the issuance of comfort letters to underwriters/authorised requesting parties in connection with financial statements/financial statement schedules included in registration statements filed with the SEC, perform an assurance engagement on the sustainability report of the EIB Group, perform agreed upon procedures in relation to the tax withheld on salaries, pensions and other emoluments paid by the European Investment Bank to the European Commission, perform audit or assurance-related services for mandated operations, facilities and funds administered by the EIB on behalf of third parties.

II.2.7)Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 120
In the case of framework agreements, provide justification for any duration exceeding 4 years:

Initial 5 years + option for a second term of 5 years (at the discretion of the contracting authority).10-year maximum duration of contract aligned to term of joint audit engagement set out in Article 17(1) of Regulation (EU) No 537/2014 of the European Parliament and of the Council — 5 + 5-year period to allow amortisation of time and cost spent building up cumulative knowledge of the EIB Group.

II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no

Section IV: Procedure

IV.2)Administrative information
IV.2.1)Contract award notice concerning this contract
Notice number in the OJ S: 2017/S 014-020815

Section V: Award of contract/concession

Contract No: 1
Lot No: 1
Title:

Lot A: External Audit Services for the EIB

V.2)Award of contract/concession
V.2.1)Date of conclusion of the contract/concession award decision:
21/12/2016
V.2.2)Information about tenders
The contract/concession has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaire
Official name: KPMG Luxembourg
Postal address: 39, avenue John F. Kennedy
Town: Luxembourg
NUTS code: LU000 Luxembourg
Country: Luxembourg
The contractor/concessionaire is an SME: no
V.2.4)Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)
Total value of the procurement: 8 836 000.00 EUR

Section VI: Complementary information

VI.3)Additional information:
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: L-2925
Country: Luxembourg
E-mail: GeneralCourt.Registry@curia.europa.eu
Telephone: +352 43031
Fax: +352 43032100
Internet address: http://curia.europa.eu
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Tenderers may in the first instance submit any concerns regarding the procurement to the Bank using the contact details under section I.1) of this contract notice.

If tenderers, or other interested parties, believe that the EIB committed an instance of maladministration, (e.g. it has failed to act in accordance with its established policies, standards and procedures, or to respect the principles of good administration), they may lodge a complaint to the EIB Group Complaints Mechanism (see https://www.eib.org/en/about/accountability/complaints/index.htm) within 1-year from the date when the alleged action, decision or omission by the Bank could be reasonably known by the complainant. If unhappy with the outcome, tenderers can seek a review of the EIB Group’s reply to the complaint by the European Ombudsman (see https://www.ombudsman.europa.eu).

Within 2 months of notification of the outcome of the procedure (award decision), tenderers may launch an action for its annulment and/or damages. Any request tenderers may make and any reply from the Bank, or any complaint of maladministration, will have neither the purpose nor the effect of suspending the time-limit for launching an action for annulment nor open a new period for launching an action for annulment. The body responsible for hearing annulment procedures is indicated under section VI.4.1) of this contract notice.

VI.5)Date of dispatch of this notice:
17/12/2020

Section VII: Modifications to the contract/concession

VII.1)Description of the procurement after the modifications
VII.1.1)Main CPV code
79212000 Auditing services
VII.1.2)Additional CPV code(s)
VII.1.3)Place of performance
NUTS code: LU000 Luxembourg
VII.1.4)Description of the procurement:

Audit of the three sets of EIB financial statements and a review of the EIB semi-annual interim financial information, reviews of semi-annual and annual filings with the US Securities and Exchange Commission and annual filing with the Japanese Ministry of Finance (reported in Japanese), support for the EIB's various bond offerings in the international capital markets — including the issuance of comfort letters to underwriters/authorised requesting parties in connection with financial statements/financial statement schedules included in registration statements filed with the SEC, perform an assurance engagement on the sustainability report of the EIB Group, perform agreed upon procedures in relation to the tax withheld on salaries, pensions and other emoluments paid by the European Investment Bank to the European Commission, perform audit or assurance-related services for mandated operations, facilities and funds administered by the EIB on behalf of third parties.

VII.1.5)Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 120
In the case of framework agreements, provide justification for any duration exceeding 4 years:

Initial 5 years + option for a second term of 5 years (at the discretion of the contracting authority). 10-year maximum duration of contract aligned to term of joint audit engagement set out in Article 17(1) of Regulation (EU) No 537/2014 of the European Parliament and of the Council — 5 + 5-year period to allow amortisation of time and cost spent building up cumulative knowledge of the EIB Group.

VII.1.6)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 13 254 000.00 EUR
VII.1.7)Name and address of the contractor/concessionaire
Official name: KPMG Luxembourg
Postal address: 39, avenue John F. Kennedy
Town: Luxembourg
NUTS code: LU000 Luxembourg
Country: Luxembourg
The contractor/concessionaire is an SME: no
VII.2)Information about modifications
VII.2.1)Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):

Modification of value of existing contract to same supplier for additional services.

VII.2.2)Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee (Art. 43(1)(c) of Directive 2014/23/EU, Art. 72(1)(c) of Directive 2014/24/EU, Art. 89(1)(c) of Directive 2014/25/EU)
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:

The request for increase in value results from a significant increase in the number of audit and assurances services needed by the EIB which could not have been foreseen at the time of signature (e.g Brexit audits, additional mandates, pillar assessment).

VII.2.3)Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)
Value excluding VAT: 8 836 000.00 EUR
Total contract value after the modifications
Value excluding VAT: 13 254 000.00 EUR