Open procedure No HR/R3/PO/2016/011 - Legal advice services - Brussels and Luxembourg

Transcription

1 Open procedure No HR/R3/PO/2016/011 - Legal advice services - Brussels and Luxembourg EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR HUMAN RESOURCES AND SECURITY Directorate HR.D Health & Wellbeing - Working conditions Unit HR.D.1 Working conditions & Wellbeing OPEN PROCEDURE No HR/R3/PO/2016/011 FRAMEWORK CONTRACT LEGAL ADVICE SERVICES - BRUSSELS AND LUXEMBOURG TENDER SPECIFICATION DEADLINE FOR SUBMISSION OF TENDERS 05/09/2016 Ref. Ares(2016) /05/2016 Page 1 of 23

2 TABLE OF CONTENTS I. PART I - TECHNICAL SPECIFICATIONS AND MINIMUM REQUIREMENTS... 4 I.1. INTRODUCTION... 4 I.2. DESCRIPTION OF THE CONTRACT... 4 I.3. DESCRIPTION OF THE SERVICES... 5 I.3.1. LEGAL ADVICE... 5 I.3.2. DRAFTING AND/OR UPDATING OF PAMPHLETS ON LEGAL ISSUES... 5 I.3.3. PRESENTATIONS/CONFERENCES... 5 I.3.4. INTERNAL LEGAL CONSULTANCY... 5 I.4. HUMAN RESOURCES - ROLES AND RESPONSIBILITIES... 5 I.5. REPORTS ON THE SERVICES PROVIDED AND DEADLINES... 6 I.6. DEPARTMENTAL MEETINGS... 6 I.7. COMPLIANCE WITH ENVIRONMENTAL, SOCIAL AND LABOUR LAW... 7 I.8. PLACE OF PERFORMANCE OF THE SERVICES... 7 I.9. WORKING HOURS AND DAYS... 7 I.10. VOLUME OF SERVICES... 8 II. PART II ADMINISTRATIVE SPECIFICATIONS... 9 II.1. PARTICIPATION IN THE TENDERING PROCEDURE... 9 II.2. PARTICIPATION IN ONE OR MORE LOTS... 9 II.3. VARIANTS II.4. JOINT TENDERS II.5. SUBCONTRACTING II.6. ORDER FORM II.7. PAYMENT ARRANGEMENTS II.8. TEAM COMPOSITION II.9. CONTINUITY OF SERVICE II.10. ETHICS III. PART III - EVALUATION OF TENDERS AND AWARD OF THE CONTRACT III.1. STAGES OF THE EVALUATION III.2. EXCLUSION CRITERIA III.3. SELECTION CRITERIA Page 2 of 23

3 III.3.1. LEGAL AND STATUTORY CAPACITY III.3.2. ECONOMIC AND FINANCIAL CAPACITY III.3.3. TECHNICAL AND PROFESSIONAL CAPACITY III.4. AWARD CRITERIA: AWARD TO THE LOWEST BIDDER IV. PART IV - CONTENT AND PRESENTATION OF TENDERS FOR EACH LOT V. PART IV - ANNEXES Page 3 of 23

4 I. PART I - TECHNICAL SPECIFICATIONS AND MINIMUM REQUIREMENTS I.1. INTRODUCTION The European Commission (hereinafter referred to as 'the Commission' or 'the contracting authority') in Brussels and Luxembourg provides social welfare services for the benefit of active and retired members of staff and their families. More specifically, the Welcome Offices (Brussels and Luxembourg) are responsible for welcoming new officials and other staff taking up their posts and for providing advice and information for all members of staff. These offices procure legal advice services for officials and other staff of the European Commission and for pensioners, spouses and members of their families living under the same roof. I.2. DESCRIPTION OF THE CONTRACT This contract is divided into two lots: Lot 1 - Provision of legal advice services for the European Commission in Brussels Lot 2 - Provision of legal advice services for the European Commission and other EU institutions in Luxembourg The purpose of this tender procedure is to award two framework contracts for the provision of legal advice services in relation to Belgian law (Lot 1) and to Luxembourg law (Lot 2) in the following areas: consumer law, property law, tax law, family law and private international law related to these areas and areas relating specifically to the spouses of officials and other staff in connection with their professional activities: labour and social law, EU law. Any tender which does not comply with the minimum requirements set out below will be eliminated. Page 4 of 23

5 I.3. DESCRIPTION OF THE SERVICES I.3.1. LEGAL ADVICE The advice will cover as a minimum the areas of law set out at point I.2 in relation to Belgian law (Lot 1) and to Luxembourg law (Lot 2). The advice will not cover issues concerning professional relations based on the Staff Regulations or contracts between members of staff and their institution. Legal advice will be given: - face-to-face (by appointment) - by telephone - by (for Lot 1 only) I.3.2. DRAFTING AND/OR UPDATING OF PAMPHLETS ON LEGAL ISSUES In addition to this advice, the contractor may also be asked to draft and/or update pamphlets, in English and in French, to inform Commission staff about legal issues of general or current interest in the areas set out at point I.2 of this contract. These documents will be distributed to staff, in particular via the Commission s Intranet site and in-house magazine. The documents will remain the property of the Commission. The Commission will be responsible for page layout and production of the pamphlets at its own expense. I.3.3. PRESENTATIONS/CONFERENCES The contractor may occasionally be called on to speak in public (presentations/talks for staff), in English and in French, on issues in the areas covered by this contract set out in point I.2 above. I.3.4. INTERNAL LEGAL CONSULTANCY The contractor will also be expected to provide the staff of the Working Conditions & Wellbeing unit of DG Human Resources and Security (hereinafter referred to as Unit HR.D.1), and especially the Welcome Offices in Brussels and Luxembourg, with information and legal advice on the areas set out in point I.2. I.4. HUMAN RESOURCES - ROLES AND RESPONSIBILITIES The services must be provided by a team of lawyers/legal advisers. For Lot 1, the team must have a minimum of three people. For Lot 2, the team must have a minimum of two people. These lawyers/legal advisers will possess the necessary expertise in the areas of law referred to in point I.2 and will thereby make up a team capable of covering all these areas in the course of carrying out the services. The lawyers/legal advisers must also have the legal, statutory, technical and professional capacities listed in point III.3. Page 5 of 23

6 For operational and business continuity reasons in both locations (Brussels and Luxembourg), if a tenderer decides to bid for both lots under the contract, the team of lawyers/legal advisers proposed must on no account be the same for both lots. It should be noted that these lawyers/legal advisers will not be asked to represent officials or other staff of the Commission or the other EU institutions in court. The contractor must work in close cooperation with DG Human Resources and Security's Welcome Office in Brussels (for Lot 1) and in Luxembourg (for Lot 2) during the performance of the framework contract. For each lot, the contractor must appoint a person from within its team to act as a contact person for administrative dealings with the Commission. The administrative contact person will be responsible for the team as a whole and must attend departmental meetings with the European Commission and must provide internal legal advice to Unit HR.D.1. This person should have knowledge of English and French at C1 level as defined by the Council of Europe's Common European Framework of Reference for Languages (CEFR) ( I.5. REPORTS ON THE SERVICES PROVIDED AND DEADLINES The contractor will draw up, in French or English, a monthly report (for Lot 1) and a quarterly report (for Lot 2) of all the services carried out within 15 days of the end of the reference period. The report should indicate, for all types of service, the date, the object of the service and the number of hours worked. For legal consultations, the report must include the detailed statistics for these services according to the legal area concerned (see point I.2), by date of service and mode of consultation: face-to-face, by telephone (for Lots 1 and 2) or by (for Lot 1 only). Should the requester fail to attend an appointment or miss a phone call, the contractor must also specify this in the report. The consultation will be included in chargeable time worked. The reports must not include data of a personal nature. After approval of the report of services provided and the corresponding invoice by the Commission, payment will be made in accordance with the provisions of the draft framework contract. I.6. DEPARTMENTAL MEETINGS Departmental meetings between the European Commission and the administrative contact person designated by the contractor will be arranged as required. They will take place in Commission offices in Brussels (for Lot 1) and in Luxembourg (for Lot 2). Participation in these meetings will be at the sole expense of the contractor and must be included in the hourly rate for the services. Page 6 of 23

7 I.7. COMPLIANCE WITH ENVIRONMENTAL, SOCIAL AND LABOUR LAW The contractor must comply with the relevant obligations in the fields of environmental, social and labour law established by EU law, national law, collective agreements or international agreements applicable in the social and environmental fields as set out in Annex X of Directive 2014/24/EU 1. I.8. PLACE OF PERFORMANCE OF THE SERVICES The services concerned by this invitation to tender will be performed on the premises of the Welcome Offices of the European Commission in Brussels (Lot 1) and in Luxembourg (Lot 2). The contractor must comply with the obligations regarding access to Commission premises (Article I.13 of the draft framework contract). In the light of the current security situation, the contracting authority reserves the right to ask for background security checks on members of the contractor's team who will have access to Commission premises during the provision of these services. I.9. WORKING HOURS AND DAYS Working hours will be fixed by mutual agreement between the contractor and the European Commission. Normal European Commission office opening hours are 8.30 to 17.30, Monday to Friday. The weekly duration of the services will be a maximum of 40 hours. The maximum duration of services is therefore eight hours in one day, or four hours in a half day. Consultations will be planned using an appointments diary which will remain the exclusive property of the Commission. The lawyers/legal advisers will have access to this diary in the Welcome Offices. Appointments with requesters will be arranged by the staff of the Welcome Office within a predetermined time-scale in agreement with the lawyers/legal advisers. The contractor will be required to provide services on all the contracting authority's working days, which may include some national holidays. EU institution holidays are published in the Official Journal of the EU. As an example, here is the list of holidays for 2016 (OJ C 306, , p. 5): 1 January Friday, New Year's Day 24 March Maundy Thursday/Holy Thursday 25 March Good Friday 28 March Easter Monday 5 May Thursday, Ascension Day 6 May Friday, the day following Ascension Day 9 May Monday, Anniversary of the Declaration made by President Robert Schuman in May Whit Monday 21 July Thursday, Belgian national holiday 1 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (Text with EEA relevance) (OJ L 94, , pp ). Page 7 of 23

8 15 August Monday, Assumption Day 1 November Tuesday, All Saints' Day 2 November Wednesday, All Souls' Day 26 December to 30 December TOTAL: Monday 5 end-of-year days Friday 17 days Luxembourg: same days as for Brussels, except Thursday 21 July is replaced by Thursday 23 June, the Luxembourg national holiday. Work will resume as normal on Tuesday 3 January Without prejudice to the final schedule of public holidays for 2017, Monday 2 January 2017 will be a holiday. The Commission reserves the right to modify this decision, should the needs of the service so require. I.10. VOLUME OF SERVICES Based on an annual estimate of 50 weeks, the total annual volume of services to be provided under the framework contract(s) is as follows: Lot 1 Lot 2 At most eight hours per day, five days a week, totalling a maximum of hours per year, estimated breakdown as follows: 80 % for legal advice services and 20 % for the three other services (drafting and/or updating pamphlets on legal issues, presentations/lectures and legal consultancy services for Unit HR.D.1). At most four hours per week, totalling a maximum of 200 hours per year, estimated breakdown as follows: 80 % for legal advice services and 20 % for the three other services (drafting and/or updating pamphlets on legal issues, presentations/lectures and legal consultancy services for Unit HR.D.1). The number of hours to be worked per week will therefore depend on the time-scale jointly agreed by the contractor and the European Commission with a view to covering demand. As a guideline, the approximate breakdown of advice by area will be as follows: For Brussels, Lot 1: consumer law (20 %), property law (35 %), tax law (10 %), family law (20 %), private international law related to these areas (5 %), labour and social law relating to spouses (5 %) and EU law (5 %). Page 8 of 23

9 For Luxembourg, Lot 2 consumer law (11 %), property law (35 %), tax law (15 %), family law (30 %), private international law related to these areas (5 %), labour and social law relating to spouses (2 %) and EU law (2 %). The average duration of consultations is estimated at 20 minutes. The estimated value of the contract for the total duration of the framework contract, excluding VAT, and including all the possible renewals is EUR (Lot 1) and EUR (Lot 2). These amounts also cover the margins for indexation and the contingency reserve. However, they do not constitute any obligation as regards the volume of work on the part of the contracting authority and are given purely as a guide without any commitment. Pursuant to Article 134(1)(e) and Article 134(4) of Commission Delegated Regulation (EU) No 2015/2462 of 30 October 2015 amending Delegated Regulation (EU) No 1268/2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (hereinafter the 'Rules of Application'), the contracting authority may use a negotiated procedure, without prior publication of a contract notice, for the award of new services which entail the repetition of similar services entrusted to the contractor who was awarded the original contract by the same contracting authority. That procedure may be used only during the performance of the original contract and at the latest during the three years following its signature. II. PART II ADMINISTRATIVE SPECIFICATIONS II.1. PARTICIPATION IN THE TENDERING PROCEDURE Participation in this procurement procedure is open on equal terms to all natural and legal persons coming within the scope of the Treaties, and to all natural and legal persons in a third country that has a special agreement with the European Union in the field of public procurement, under the conditions laid down in that agreement. Where the Multilateral Agreement on Government Procurement concluded within the World Trade Organisation applies, participation in the procedure will also be open to nationals of the States which have ratified that agreement, under the conditions laid down therein. II.2. PARTICIPATION IN ONE OR MORE LOTS Tenderers may participate in one or both lots. Page 9 of 23

10 II.3. VARIANTS No variants or substitutes for the contracting authority's model solution are allowed. Furthermore, tenderers may not submit a tender offering only part of the services required. II.4. JOINT TENDERS A group of two or more economic operators may submit a tender (joint tender). A joint tender will be treated in the same way as any other tender, i.e. it will be evaluated on the basis of its intrinsic quality having regard to the criteria set out in this specification. A joint tender may include subcontractors in addition to the joint tenderers. Any change in the composition of a group during the procurement procedure may result in the tender being rejected. Any change in the composition of a group after the contract is signed may result in the termination of the contract. The group must provide the details requested on the identification form (Annex I), indicating clearly the identity (including that of the legal representative) and respective roles of the members of the group. The group must designate (by means of a power of attorney signed by each member) a legal entity (the lead contractor ) with full powers to commit the group and each of its members vis-à-vis the contracting authority as regards the submission of the tender and signing of the contract. After the contract has been awarded, it will be signed by the contracting authority and the lead contractor. The duly authorised lead contractor will also be responsible for the administrative management of the contract (order forms, invoicing, receipt of payments) on behalf of the other members. In the case of a joint tender, all the members of the group will assume joint and several liability for the performance of the contract. The exclusion criteria (see point III.2 below) will apply to each individual member of the group. The selection criteria (see point III.3 below) will apply to the whole group. II.5. SUBCONTRACTING Subcontracting is permitted. The contractor nevertheless retains full liability vis-à-vis the contracting authority for the performance of the contract as a whole. Tenderers must indicate clearly in their tenders which parts of the work will be subcontracted and the identity of all subcontractors. The full particulars of such subcontractors (name, place of establishment, roles, responsibilities and activities) must also be indicated in the tender, as requested in the identification form (Annex I). Subcontractors must also provide a declaration/letter of intent stating their firm commitment to work with the tenderer if it is awarded the contract and specifying the resources they intend to make available to the tenderer for the performance of the contract. Subcontracting must be approved by the contracting authority, either through acceptance of the contractor s tender or, if the subcontracting is proposed by the contractor after the signing of the framework contract, through the contracting authority's prior agreement. In the latter case, subcontracting will be accepted only in exceptional circumstances, if it is Page 10 of 23

11 judged by the contracting authority to be necessary for implementing the project and does not lead to distortion of competition. II.6. ORDER FORM All services under the framework contract must be the subject of an order form drawn up in advance by the department designated by the contracting authority. There can be no provision of services without such an order form. The model order form to be used is attached to the draft framework contract. II.7. PAYMENT ARRANGEMENTS Payment arrangements are set out in the draft framework service contract (Article I.6). The payments will be on a monthly basis for Lot 1 and on a quarterly basis for Lot 2, after approval of the report on services provided (see point I.5) and the corresponding invoice by the Commission. II.8. TEAM COMPOSITION Once the contract has been awarded, the contractor will propose the members of the team of lawyers/legal advisers who will perform the contract as soon as possible. Each member should fulfil the selection criteria set out in point III.3 of the specification and must provide the corresponding supporting documents if they have not already been submitted with the tender. Acceptance of each member of the team is subject to prior approval by the Commission. II.9. CONTINUITY OF SERVICE The contractor will take all necessary measures to ensure continuity of service. The contractor will seek to limit as far as possible any changes in the composition of the team of lawyers/legal advisers. In the event of a lawyer/legal adviser on the team being temporarily unavailable, he or she must be replaced by a lawyer/legal adviser with comparable qualifications. In the event of a lawyer/legal adviser on the team being permanently unavailable, the contractor will propose, as quickly as possible, a replacement who meets the selection criteria laid down in point III.3 of the specification. Acceptance of the replacement on the team is subject to prior approval by the Commission. Any changes to the team of lawyers/legal advisers during performance of the contract must be notified by the contractor to the Commission in writing and will be the subject of an amendment to the framework contract if need be. II.10. ETHICS The contractor must refrain from pursuing directly or indirectly, and against payment, any dossiers of which it has knowledge through the consultations covered by this framework contract. Page 11 of 23

12 Any breach of this substantial contract obligation will constitute grounds for termination of the framework contract by the Commission, as specified in Article II.18.1.c of the general conditions of the contract. The contractor must respect professional ethics and observe strict confidentiality with regard to personal situations of which it has knowledge as a result of the consultations. The contractor must keep abreast of legislation and case law in the areas of law relating to the performance of the contract. The contractor will be held solely responsible for the content and quality of advice given under the framework contract. III. PART III - EVALUATION OF TENDERS AND AWARD OF THE CONTRACT III.1. STAGES OF THE EVALUATION The evaluation will be based on the information provided by the tenderer in the tender submitted. It will be in three stages: 1. Verification of the non-exclusion of tenderers on the basis of the declaration on the exclusion criteria (point III.2); 2. Selection of tenderers based on the verification of the declaration on the selection criteria and supporting documents (point III.3); 3. Evaluation of tenders with regard to the award criteria (point III.4). Tenders will be evaluated in the order indicated above. Only tenders which fulfil the requirements of a given stage will be admitted to the next stage. III.2. EXCLUSION CRITERIA Tenderers must provide a declaration, duly signed and dated, stating that they are not in one of the situations referred to in Articles 106 or 107 of Regulation (EU, Euratom) 2015/1929 of the European Parliament and of the Council of 28 October 2015 amending Regulation (EU, Euratom) No 966/2012 on the financial rules applicable to the general budget of the Union (hereinafter referred to as 'the Financial Regulation') 2. The required declaration can be found in Annex II. Tenderers must complete the part of the declaration relating to the exclusion criteria. In the case of a joint tender, this declaration must be submitted - dated and signed by a duly authorised legal representative - by each member of the group. 2 Regulation (EU, Euratom) 2015/1929 of the European Parliament and of the Council of 28 October 2015 amending Regulation (EU, Euratom) No 966/2012 on the financial rules applicable to the general budget of the Union (OJ L 286, 30 October 2015, pp. 1-29). Page 12 of 23

13 In the event of subcontracting, this declaration - dated and signed by a duly authorised legal representative - must be submitted by each subcontractor, regardless of the part of the contract to be performed and/or the tasks to be carried out. The exclusion criteria apply to each member of the group and to each subcontractor concerned. In accordance with Article 141 of the rules of application of the Financial Regulation, before the framework contract is signed, the successful tenderer will be invited to submit the supporting documentation referred to in the declaration by the deadline set by the contracting authority. This requirement also applies to all the members of the group in the case of a joint tender, and to any subcontractors, regardless of the part of the contract to be performed and/or the tasks to be carried out. The successful tenderer, referred to below and in the declaration as the person, must submit the following documents: For the cases mentioned in points a), c), d) or f) of the declaration, a recent extract from the judicial record or, failing that, an equivalent document recently issued by a judicial or administrative authority in the country of establishment of the person showing that those requirements are satisfied. For the cases mentioned in points a) or b) of the declaration, recent certificates issued by the competent authorities of the State concerned. These documents must provide evidence covering all taxes and social security contributions for which the person is liable, including for example, VAT, income tax (natural persons only), company tax (legal persons only) and social security contributions. Where any document described above is not issued in the country concerned, it may be replaced by a sworn statement made before a judicial authority or notary or, failing that, a solemn statement made before an administrative authority or a qualified professional body in its country of establishment. If the person already submitted such evidence for the purpose of another procurement procedure, its date of issue is not more than one year ago and it is still valid, the person shall declare on their honour that the documentary evidence has already been provided and confirm that no changes have occurred in their situation. In such cases, the person must indicate the reference of the procedure. If the tenderer is unable to provide the documents requested within the time-limit specified by the contracting authority and cannot therefore prove that it is not in one of the exclusion situations, the tender may be rejected and the contracting authority reserves the right to sign the contract with another tenderer. Page 13 of 23

14 III.3. SELECTION CRITERIA Tenderers must demonstrate that they have sufficient economic, financial, technical and professional resources to be able to perform the framework contract. Tenderers must complete the part of the declaration (Annex II) relating to the selection criteria and provide all the supporting documentation requested below: In the case of a joint tender, this declaration must be submitted - dated and signed by a duly authorised legal representative - by each member of the group. In the event of subcontracting, this declaration - dated and signed by a duly authorised legal representative - must be submitted by each subcontractor, regardless of the part of the contract to be performed and/or the tasks to be carried out. The tenderers (including all members of the group in the case of a joint tender and including subcontractors where applicable) must fulfil all the selection criteria for which a consolidated assessment will be made in accordance with the tender specification. In the event of a joint tender or subcontracting, the criteria applicable to the tenderer as a whole will be checked by combining the various declarations and documents for the purposes of a consolidated assessment. For this tender, different selection criteria will be applied for each of the two lots. Tenders submitted by tenderers who do not fulfil the selection criteria will not be evaluated as regards the award criteria. Please note that the supporting documents listed below must be submitted with the tender in support of the declaration on the selection criteria referred to in Annex II. III.3.1. LEGAL AND STATUTORY CAPACITY Tenderers must provided evidence that they are authorised to exercise the professional activity required to perform the tasks under this contract. With this in mind, tenderers must demonstrate that, by the deadline for submission of tenders: For Lot 1, at least two members of the proposed team must be lawyers enrolled in one of the Belgian Bar Associations (Ordres des Avocats de Belgique). Supporting document to be submitted: A certified copy of enrolment in one of the Belgian Bar Associations. For Lot 2, at least two members of the proposed team must be lawyers enrolled in the Luxembourg Bar Association (Ordre des Avocats du Barreau de Luxembourg). Page 14 of 23

15 Supporting document to be submitted: A certified copy of enrolment in the Luxembourg Bar Association. Practice of the profession of lawyer, in contrast to that of legal adviser, is the subject of specific legislation at European level: Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained. III.3.2. ECONOMIC AND FINANCIAL CAPACITY Tenderers must demonstrate that they have sufficient economic and financial resources to be able to perform the framework contract. To evaluate economic and financial capacity for each lot, tenderers must comply with the following criterion: For Lot 1, annual turnover specific to the field of legal advice services of more than EUR over the last two financial years for which accounts have been closed; For Lot 2, annual turnover specific to the field of legal advice services of more than EUR over the last two financial years for which accounts have been closed. This criterion applies to all the members of the group (combined capacity of all the members of the group in the case of a joint tender) and/or to subcontractors. It is therefore the combined capacity of all the members of the group and/or the subcontractors, taken as a whole, which will be taken into account. Supporting documents to be submitted for each lot: a statement of annual turnover specific to the field of legal advice services for each of the last two years for which accounts have been closed. This statement should indicate the sections of the balance sheet or of extracts from balance sheets or of any other document which would enable the specific annual turnover to be calculated; a copy of the balance sheets or extracts from the balance sheets and official profit and loss accounts for each of the last two years for which accounts have been closed, where publication of the balance sheet is required under the company law of the country in which the economic operator is established. If unable to provide the documents for a valid reason, the tenderer must furnish any other document which provides evidence of its financial and economic capacity, such as appropriate bank references showing the amount of the tenderers' savings and authorised credit limit or proof of professional risk insurance cover. If, for some exceptional reason which the contracting authority considers to be justified, the tenderer is unable to produce one of the required documents specified above, it may provide evidence of its economic and financial capacity by means of any other document Page 15 of 23

16 which the contracting authority deems suitable. In any event, the contracting authority must at least be notified of the exceptional reason and the explanation for it. The contracting authority reserves the right to demand any other document allowing it to verify the tenderer's economic and financial capacity. In the case of a group, each member must provide the required details indicated above. In the case of subcontractors, the required details above must be provided individually for each subcontractor. In the case of a group and/or subcontracting, a consolidated document summarising the above information for the group/subcontractors as a whole must be submitted. III.3.3. TECHNICAL AND PROFESSIONAL CAPACITY Tenderers must demonstrate that they have sufficient technical and professional capacity to be able to perform the framework contract. This criterion applies to all the members of the group (combined capacity of all the members of the group in the case of a joint tender) and/or to subcontractors. It is therefore the combined capacity of all the members of the group and/or the subcontractors, taken as a whole, which will be taken into account. To evaluate the technical and professional capacity for each of the lots, the tenderer must satisfy the following criteria and the documents below must be submitted: A. Criterion concerning the team responsible for providing the services The tenderer must have the following teams available: 1. Profile - For Lot 1: a team of three members, all lawyers or legal advisers, at least two of whom are enrolled in one of the Belgian Bar Associations. - For Lot 2: a team of two lawyers enrolled in the Luxembourg Bar Association. Supporting document to be submitted: Certified copies of their law degrees. 2. Professional experience a. For the team as a whole On the final date for submission of tenders, the team as a whole must demonstrate cumulative professional experience of at least six years in the provision of legal advice in relation to Belgian law (Lot 1) and in relation to Luxembourg law (Lot 2) in the fields of law mentioned in point I.2. Page 16 of 23

17 The team as a whole must demonstrate that this experience covers all the fields mentioned in point I.2 in relation to Belgian law (Lot 1) and in relation to Luxembourg law (Lot 2). If a tenderer decides to bid for both lots, it must demonstrate that it has the minimum professional experience required for each of the lots and that it can cover all the fields mentioned in point I.2. The team as a whole must demonstrate that this experience was obtained during the ten years preceding the closing date for the submission of tenders. Professional experience is experience obtained after obtaining the required qualification Each team member's experience will be taken into account in assessing this criterion. The cumulative experience of all the members of the team is taken into consideration for the purposes of the above minimum threshold. b. For each individual member of the team Each member of the team must provide evidence of a minimum of two years' professional experience in the fields mentioned in point I.2 in relation to Belgian law (Lot 1) and in relation to Luxembourg law (Lot 2). Supporting documents to be submitted: CVs for: o three members of the team (Lot 1) o two members of the team (Lot 2) providing evidence of the professional experience described above and the minimum requirements as regards the composition of the team described at point I.4, in particular the stipulation that the same CV may not be submitted for the two lots. Tenderers must use the Europass format, which can be downloaded at the following address: The table 'Selection criteria - Technical and professional capacity' (Annex III) of this specification, completed on the basis of the CVs submitted and collating at team level the individual technical and professional capacities of its members. 3. Language skills For Lot 1 and Lot 2, each member of the team should have knowledge of English (EN) and French (FR) at C1 level as defined by the Council of Europe's Common European Framework of Reference for Languages (CEFR). For Lot 1 at least one member of the team should also have a knowledge of Dutch (NL) at B2 level as defined by the Council of Europe's Common Page 17 of 23

18 European Framework of Reference for Languages (CEFR) as well as English and French (at level C1). For Lot 2 at least one member of the team should also have a knowledge of German (DE) at B2 level as defined by the Council of Europe's Common European Framework of Reference for Languages (CEFR) as well as English and French (at level C1). Supporting document to be submitted: A certificate of language proficiency in FR, EN, NL and DE in accordance with the above requirements as defined by the Council of Europe's Common European Framework of Reference for Languages (CEFR) ( issued either by a body recognised by the state as being competent to carry out language training, or after a language test which has been certified or recognised at international level 3. The table 'Selection criteria - Technical and professional capacity' in Annex III to this specification, completed on the basis of the certificates submitted and collating at team level the individual technical and professional capacities of its members. B. Criterion concerning the tenderer's experience in the field of the contract The tenderer must demonstrate the capacity to have provided on a yearly basis in the field of the contract (point I.2) and over the preceding three years (from the final date for submission of tenders): For Lot 1: a minimum of hours of work per year For Lot 2: a minimum of 140 hours of work per year Supporting documents to be submitted: Declaration of the annual number of hours supplied over the last three years in the field covered by the contract. With regard to the minimum number of hours requested, the tenderer must provide the references of projects/services carried out over the preceding three years showing the hours actually worked. In the case of a group or subcontracting, a consolidated document summarising the above information for the group/subcontractors as a whole must be submitted. 3 This requirement is waived if the person concerned holds a law degree issued after studies in that language. Page 18 of 23

19 In the case of a group, each member must provide the information required at point III.3.3 with reference to their role in the group. In the case of subcontractors, the information required at point III.3.3 must be provided individually for each subcontractor according to the tasks to be carried out under the contract. III.4. AWARD CRITERIA: AWARD TO THE LOWEST BIDDER The contract will be awarded for each lot to the tenderer submitting the lowest bid that is in order and that satisfies the conditions laid down. After checking the compliance of the financial tenders submitted, the financial evaluation will be based on a price analysis of tenders which satisfy the conditions laid down. To submit their financial tenders, tenderers are asked to complete the financial tender form attached in Annex IV with the utmost care. A separate financial tender form must be submitted for each lot. The hourly rate indicated in the financial tender form constitutes the price offer for all the services as described in the specification in accordance with the minimum requirements set out in part I of the specification. The price is fixed and must include all the costs relating to the performance of the framework contract. The arrangements for price revision are set out in Articles I.5.2 and II.20 of the draft framework contract. The prices quoted must be flat-rate prices, inclusive of all costs and expressed in euros (rounded to two decimal places). Tenderers from countries outside the Eurozone must also quote their prices in euros. The price indicated cannot be revised to take account of exchange rate fluctuations. The tenderer will bear the risks or receive the profits arising from any such fluctuation. Prices must be quoted free of all duties, taxes and dues, including value-added tax (the institutions of the European Union are exempt from such charges, under Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Union). This price schedule cannot under any circumstances be considered to constitute a commitment on the part of the contracting authority to sign order forms and cannot give rise to any right or legitimate expectation on the part of the contractor. IV. PART IV - CONTENT AND PRESENTATION OF TENDERS FOR EACH LOT Each tender must be clear and concise, and contain all the information and documents necessary to enable the contracting authority to conduct an evaluation of the tender on the basis of the exclusion, selection and award criteria. It is the responsibility of all those wishing to submit a tender to ensure that the tender is complete. Page 19 of 23

20 All the documents requested must be signed by a duly authorised person and/or by the tenderer's legal representative. If the tender forms are reproduced on the tenderer's computer, care must be taken to ensure that no change is made to the original. Tender forms must be completed in full. Tenders must be delivered according to the requirements set out in the letter of invitation to tender and this specification, and before the date and time indicated in that letter. Each tender must contain the following information and documents: PART I: ADMINISTRATIVE INFORMATION IDENTIFICATION A covering letter (original version) bearing the references 'INVITATION TO TENDER No HR/R3/PO/2016/011 - FRAMEWORK SERVICE CONTRACT - Legal advice services - Brussels and Luxembourg' and the title(s) of the lot(s), written on the tenderer's headed notepaper (or that of the lead contractor in the case of a joint tender), signed by the tenderer's duly authorised legal representative (and including all the entities concerned in the case of a joint tender) and/or the subcontractors. Legal representative: The identification form duly completed, dated and signed, accompanied by: - written authorisation(s) or equivalent document(s) applicable to the tenderer, to each member in the case of a group and to subcontractors. Legal personality: - the legal entities form -supporting documents required in according to the instructions on the form applicable to the tenderer and to each member in the case of a group. Bank details: Annex I s II.4 and II.5 - Financial information sheet -supporting documents required in according to the instructions on the form Applicable to the tenderer/lead tenderer only In the case of a group, a power of attorney signed by each member, appointing a lead contractor with full powers to commit the group and each of its members vis-à-vis the contracting authority as regards the submission of the tender and signing of the contract. In the event of subcontracting, tenderers must also provide a declaration/letter of intent stating their firm commitment to work II.4 s II.5 Page 20 of 23

21 with the tenderer if it is awarded the contract and specifying the resources they intend to make available to the tenderer for the performance of the contract. EXCLUSION CRITERIA Solemn declaration by the tenderer, the members of the group and the subcontractors, duly completed, dated and signed. Annex II III.2 SELECTION CRITERIA Solemn declaration by the tenderer, the members of the group and the subcontractors, duly completed, dated and signed. A certified copy of enrolment in one of the Belgian Bar Associations (for Lot 1). A certified copy of enrolment in the Luxembourg Bar Association (for Lot 2). A copy of the balance sheets or extracts from the balance sheets and official profit and loss accounts for each of the last two years for which accounts have been closed, where publication of the balance sheet is required under the company law of the country in which the economic operator is established. A statement of annual turnover specific to the field of legal advice services for each of the last two years for which accounts have been closed. This statement should indicate the sections of the balance sheet or of extracts from balance sheets or of any other document which would enable the specific annual turnover to be calculated; In the case of a group and/or subcontracting, a consolidated document summarising the information for the group/subcontractors as a whole must be submitted. Annex II III.3 III.3.1 III.3.1 III.3.2 III.3.2 III.3.2 A certified copy of their law degree. III.3.3.A.1 A CV for each member of the team, providing evidence of professional experience and the minimum requirements as regards the composition of the team. Tenderers must use the Europass format, which can be downloaded at the following address: III.3.3.A.2 Page 21 of 23

22 The table 'Selection criteria - Technical and professional capacity', completed on the basis of the CVs and the language proficiency certificates submitted and collating at team level the individual technical and professional capacity at team level. Certificates of language proficiency in FR, EN, NL and DE to the above levels as defined by the Council of Europe's Common European Framework of Reference for Languages (CEFR) ( issued either by a body recognised by the state as being competent to carry out language training, or after a language test which has been certified or recognised at international level. Annex III III.3.3.A.2 Annex III III.3.3.A.3 Declaration of the annual number of hours supplied over the last three years in the field covered by the contract. With regard to the minimum number of hours requested, the tenderer must provide the references of projects/services carried out over the preceding three years showing the hours actually worked. In the case of a group and/or subcontracting, a consolidated document summarising the information for the group/subcontractors as a whole must be submitted. III.3.3.B III.3.3.B III.3.3 B PART II: Financial tender Financial tender form Annex IV The form should be completed, dated and signed by the tenderer's duly authorised legal representative, failing which the tender will be disqualified. This form may not include any items other than those requested. Consequently, it is strictly forbidden to propose options or other variants. Any bid failing to comply with this will be rejected. Page 22 of 23

23 V. PART IV - ANNEXES The following documents are attached to the specification and form and integral part of it: Annex I Annex II Annex III Identification form Declaration relating to the exclusion and selection criteria Table - Selection criteria - Technical and professional capacity Annex IV.1 Financial tender form for Lot 1 Annex IV.2 Financial tender form for Lot 2 Page 23 of 23