Contract notice

Expertise in the area of freedom, security and justice (Lot 1), border checks, asylum and migration (Lot 2) and judicial cooperation in criminal matters and police cooperation (Lot 3)

Section I: Contracting authority

I.1) Name and addresses

Official name
European Parliament, Official Mail Service
National registration number
-
Postal address
Rue Wiertz 60
Town
Brussels
Postal code
1047
NUTS code
BE100 - Arr. de Bruxelles-Capitale / Arr. van Brussel-Hoofdstad
Country
BELGIQUE-BELGIË
Contact person
Michael Alexander Speiser
Telephone
+32 22832475
E-mail
poldepc-finance@ep.europa.eu
Fax
-

Internet address(es)

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

Address of the buyer profile:   -

I.2) Joint procurement

The contract involves joint procurement:   no

In the case of joint procurement involving different countries, state applicable national procurement law:   -

The contract is awarded by a central purchasing body:   no

I.3) Communication

Additional information can be obtained from

Official name
-
National registration number
-
Postal address
-
Town
-
Postal code
-
NUTS code
-
Country
-
Contact person
-
Telephone
-
E-mail
-
Fax
-
Main address
-
Address of the buyer profile
-

Access to the procurement documents is restricted. Further information can be obtained at:   http://www.europarl.europa.eu/tenders/invitations.htm

Tenders or requests to participate must be submitted

Official name
-
National registration number
-
Postal address
-
Town
-
Postal code
-
NUTS code
-
Country
-
Contact person
-
Telephone
-
E-mail
-
Fax
-
Main address
-
Address of the buyer profile
-

electronically via:   -

Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at: -

I.4) Type of the contracting authority

European institution/agency or international organisation

I.5) Main activity

Other activity:   Area of Freedom, Security and Justice

Section II: Object

II.1) Scope of the procurement

II.1.1) Title

Expertise in the area of freedom, security and justice (Lot 1), border checks, asylum and migration (Lot 2) and judicial cooperation in criminal matters and police cooperation (Lot 3)

Reference number:   -

II.1.2) Main CPV code

Main CPV code:   79100000 - Legal services

Supplementary CPV code:   RD11

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 Horizontal issues on the area of freedom, security and justice, fundamental rights and citizenship (Lot 1), Policies on border checks, asylum and migration (Lot 2), and Judicial cooperation in criminal matters and police cooperation (Lot 3).

II.1.5) Estimated total value

Value excluding VAT:   3.000.000,00

Currency:   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

The contracting authority reserves the right to award contracts combining the following lots or groups of lots:   -


II.2) Description Lot No: 1

II.2.1) Title

Horizontal issues on the area of freedom, security and justice, fundamental rights and citizenship

Lot No:   1

II.2.2) Additional CPV code(s)

Main CPV code:   79100000 - Legal services

Supplementary CPV code:   -

II.2.3) Place of performance

NUTS code:   BE100 - Arr. de Bruxelles-Capitale / Arr. van Brussel-Hoofdstad

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 Civil Liberties, Justice and Home Affairs (LIBE) 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 (Horizontal issues on the area of freedom, security and justice, fundamental rights and citizenship):
The TFEU attaches great importance to the creation of an area of freedom, security and justice. The Charter of Fundamental Rights, now legally binding on the EU, has strengthened basic rights, and fundamental rights and citizenship rights are laid down in Articles 2, 3 and 9-12 TEU, 15, 16, 18-25 TFEU and in the Charter.
Lot 1 covers expertise on all matters related to horizontal issues on the area of freedom, security and justice, fundamental rights and citizenship, including but not restricted to:
— the protection of fundamental rights in the EU (including children’s rights), in view of the Charter of Fundamental Rights of the EU, and the case law of the Court of Justice of the EU and of the European Court of Human Rights and other relevant judicial bodies, and
— accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms,
— institutional questions of the area of freedom, security and justice, including the division of roles and competences between the EU institutions and bodies as well as between the EU and its Member States,
— overall assessment of the balance between freedom and security, and the use of exceptional measures,
— the EU Agency for Fundamental Rights,
— the Rights, Equality and Citizenship Programme 2014-2020 and future follow-up funds to support fundamental rights, non-discrimination and citizenship,
— U citizenship, including the freedom of movement,
— primary and secondary legislation on combating discrimination, including the situation of minorities,
— the fight against racism and xenophobia,
— transparency and access to documents,
— protection of personal data, including the European Data Protection Supervisor.

II.2.5) Award criteria

Criteria below

II.2.6) Estimated value

Value excluding VAT:   1.000.000,00

Currency:   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 four times. Thus, the duration of the contract may not exceed five years (60 months) from the date of its entry into force.

II.2.9) Information about the limits on the number of candidates to be invited

Objective criteria for choosing the limited number of candidates:   -

II.2.10) Information about variants

Variants will be accepted:   no

II.2.11) Information about options

Options:   no

Description of options:   -

II.2.12) Information about electronic catalogues

Tenders must be presented in the form of electronic catalogues or include an electronic catalogue:   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

-


II.2) Description Lot No: 2

II.2.1) Title

Policies on border checks, asylum and migration.

Lot No:   2

II.2.2) Additional CPV code(s)

Main CPV code:   79100000 - Legal services

Supplementary CPV code:   -

II.2.3) Place of performance

NUTS code:   BE100 - Arr. de Bruxelles-Capitale / Arr. van Brussel-Hoofdstad

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 Civil Liberties, Justice and Home Affairs (LIBE) 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 (Policies on border checks, asylum and migration):
The EU’s objectives, as laid down in Articles 67 (2) and 77-80 TFEU and corresponding rights laid down in Articles 7, 14, 18 and 19 of the Charter of Fundamental Rights of the EU, are to ensure the absence of internal border controls for persons and to develop a common policy on asylum, immigration and external border control, based on solidarity between Member States, which is fair towards third-country nationals.
The 2015 European Agenda on Migration covers the four policy areas of reducing incentives for irregular immigration, border management (saving lives and securing external borders), developing a stronger asylum policy, and establishing a new policy on regular immigration, including integration policies.
Asylum is a common policy of the EU, with the aim of creating a common system comprising a uniform status and uniform procedures for international protection. With the legislative packages published in May and July 2016, the “third phase” of the Common European Asylum System has been launched.
In the area of legal migration, the existing EU legislation is currently undergoing a REFIT evaluation.
Border management policy has witnessed considerable developments due to the increase in mixed migration flows into the EU, as well as heightened security concerns, which have triggered a new period of activity.
Lot 2 covers expertise on all matters related to border checks, asylum and migration, including but not restricted to:
— international protection, including relocation and resettlement,
— legal migration including cooperation with countries of origin, and integration policies,
— irregular migration including return and readmission,
— border management including integrated border management at the external borders, and the “smart border” concept,
— Schengen, including visa policy for short- and long-term stays,
— the agencies in the area of asylum and migration,
— the relevant funds in the area of asylum and migration,
— the relevant case law of the Court of Justice of the European Union, the European Court of Human Rights, or other relevant judicial bodies.

II.2.5) Award criteria

Criteria below

II.2.6) Estimated value

Value excluding VAT:   1.000.000,00

Currency:   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 four times. Thus, the duration of the contract may not exceed five years (60 months) from the date of its entry into force.

II.2.9) Information about the limits on the number of candidates to be invited

Objective criteria for choosing the limited number of candidates:   -

II.2.10) Information about variants

Variants will be accepted:   no

II.2.11) Information about options

Options:   no

Description of options:   -

II.2.12) Information about electronic catalogues

Tenders must be presented in the form of electronic catalogues or include an electronic catalogue:   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

-


II.2) Description Lot No: 3

II.2.1) Title

Judicial cooperation in criminal matters and police cooperation

Lot No:   3

II.2.2) Additional CPV code(s)

Main CPV code:   79100000 - Legal services

Supplementary CPV code:   -

II.2.3) Place of performance

NUTS code:   BE100 - Arr. de Bruxelles-Capitale / Arr. van Brussel-Hoofdstad

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 Civil Liberties, Justice and Home Affairs (LIBE) 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 (Judicial cooperation in criminal matters and police cooperation):
Judicial cooperation in criminal matters, laid down in Articles 82 to 86 of the TFEU, is based on the principle of mutual recognition of judgments and judicial decisions, and includes measures to approximate the laws of the Member States in several areas.
The progressive elimination of border controls within the EU has facilitated considerably the free movement of European citizens, but has also made it easier for criminals to operate transnationally. In order to tackle the challenge of cross-border crime, the area of freedom, security and justice includes measures to promote judicial cooperation in criminal matters. The starting point is the principle of mutual recognition. Specific measures have been adopted to fight transnational crime and make sure that the rights of victims, suspects and prisoners are protected across the Union.
The main instrument for police cooperation, laid down in Articles 87 to 89 of the TFEU, is the European Police Office (Europol), which is a central plank of the broader European internal security architecture. Cooperation and policies are still developing, with attention focused on countering pan-EU threats and crime more effectively and doing so in compliance with fundamental rights and data protection rules.
Effective police cooperation is a key plank in making the Union an Area of Freedom, Security and Justice based on respect for fundamental rights. Cross-border law enforcement cooperation — involving the police, customs and other law enforcement services — is designed to prevent, detect and investigate criminal offences across the EU. In practice, this cooperation mainly concerns serious crime (organised crime, drug trafficking, trafficking in human beings, cybercrime) and terrorism.
Lot 3 covers expertise on all matters related to judicial cooperation in criminal matters and police cooperation, including but not restricted to:
— judicial cooperation in criminal matters, including in counter-terrorism,
— police cooperation, including in counter-terrorism,
— the agencies in the area of judicial cooperation in criminal matters and police cooperation,
— the relevant funds in the area of judicial cooperation in criminal matters and police cooperation,
— the relevant case law of the Court of Justice of the European Union, the European Court of Human Rights, or other relevant judicial bodies.

II.2.5) Award criteria

Criteria below

II.2.6) Estimated value

Value excluding VAT:   1.000.000,00

Currency:   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 four times. Thus, the duration of the contract may not exceed five years (60 months) from the date of its entry into force.

II.2.9) Information about the limits on the number of candidates to be invited

Objective criteria for choosing the limited number of candidates:   -

II.2.10) Information about variants

Variants will be accepted:   no

II.2.11) Information about options

Options:   no

Description of options:   -

II.2.12) Information about electronic catalogues

Tenders must be presented in the form of electronic catalogues or include an electronic catalogue:   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 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 selection criteria:

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

Selection criteria as stated in the procurement documents:   no

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

Selection criteria as stated in the procurement documents:   no

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 subcontracting, 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:
1) 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;
2) scientific / academic distinction clearly relating to research in the fields relevant for the lot tendered for;
3) 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 subcontractors, 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

The contract is reserved to sheltered workshops and economic operators aiming at the social and professional integration of disabled or disadvantaged persons:   no

The execution of the contract is restricted to the framework of sheltered employment programmes:   no

III.2) Conditions related to the contract

III.2.1) Information about a particular profession

Execution of the service is reserved to a particular profession:   -

Reference to the relevant law, regulation or administrative provision:   -

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.2.2) 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:   yes

Section IV: Procedure

IV.1) Description

IV.1.1) Type of procedure

IV.1.3) Information about a framework agreement or a dynamic purchasing system

The procurement involves the establishment of a framework agreement:   no

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

The procurement involves the setting up of a dynamic purchasing system:   no

The dynamic purchasing system might be used by additional purchasers:   no

IV.1.4) Information about reduction of the number of solutions or tenders during negotiation or dialogue

Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated:   no

IV.1.5) Information about negotiation

The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations:   no

IV.1.6) Information about electronic auction

An electronic auction will be used:   no

Additional 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

Notice number in the OJ S:   -

IV.2.2) Time limit for receipt of tenders or requests to participate

Date:   25-09-2018

Local time:   -

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

EN, BG, DA, DE, EL, ET, FI, FR, GA, HR, HU, IT, LV, LT, MT, NL, PL, PT, RO, SK, SL, ES, SV, CS

IV.2.6) Minimum time frame during which the tenderer must maintain the tender

Duration in months:   12

IV.2.7) Conditions for opening of tenders

Date:   11-10-2018

Local time:   09:30

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 25.9.2018. Only one (1) representative per tenderer may attend.

Section VI: Complementary information

VI.1) Information about recurrence

This is a recurrent procurement:   no

Estimated timing for further notices to be published:   -

VI.2) Information about electronic workflows

Electronic ordering will be used:   no

Electronic invoicing will be accepted:   no

Electronic payment will be used:   no

VI.3) Additional information

-

VI.4) Procedures for review

VI.4.1) Review body

Official name
Court of Justice of the European Union
Postal address
boulevard Konrad Adenauer
Town
Luxembourg
Postal code
2925
Country
LUXEMBOURG
Telephone
+352 43031
E-mail
-
Fax
+352 43032600
Internet address
https://curia.europa.eu/

VI.4.2) Body responsible for mediation procedures

Official name
-
Postal address
-
Town
-
Postal code
-
Country
-
Telephone
-
E-mail
-
Fax
-
Internet address
-

VI.4.3) Review procedure

Precise information on deadline(s) for review procedures:   -

VI.4.4) Service from which information about the review procedure may be obtained

Official name
Court of Justice of the European Union
Postal address
boulevard Konrad Adenauer
Town
Luxembourg
Postal code
2925
Country
LUXEMBOURG
Telephone
+352 43031
E-mail
-
Fax
+352 43032600
Internet address
https://curia.europa.eu/

VI.4.5) Date of dispatch of this notice

27-06-2018

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