Contract notice

Auctioning of emission allowances and carbon market oversight.

Section I: Contracting authority

I.1) Name and addresses

Official name
European Commission, Directorate-General for Climate Action, SRD.2 — Finance
National registration number
-
Postal address
BU-9 01/005
Town
Brussels
Postal code
1049
NUTS code
BE - BELGIQUE-BELGIË
Country
BELGIQUE-BELGIË
Contact person
-
Telephone
-
E-mail
clima-tenders@ec.europa.eu
Fax
-

Internet address(es)

Main address:   http://ec.europa.eu/clima/tenders/index_en.htm

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

the abovementioned address

The procurement documents are available for unrestricted and full direct access, free of charge, at:   https://etendering.ted.europa.eu/cft/cft-display.html?cftId=2542

Tenders or requests to participate must be submitted

the abovementioned address

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

General public services

Section II: Object

II.1) Scope of the procurement

II.1.1) Title

Auctioning of emission allowances and carbon market oversight.

Reference number:   CLIMA.B.1/FRA/2017/0009.

II.1.2) Main CPV code

Main CPV code:   79000000 - Business services: law, marketing, consulting, recruitment, printing and security

Supplementary CPV code:   -

II.1.3) Type of contract

Services

II.1.4) Short description

The contractors under 3 different lots will provide legal, economic, financial, as well as accounting and auditing expertise to assist the Commission in its activity related to ensuring the integrity and reliability of the auctioning of emission allowances under the EU ETS and of the carbon market through the development of the relevant legislation, its implementation and monitoring, public procurement procedures and contractual arrangements as well as ensuring the timely and effective management of problems, incidents and crisis situations.

Please note that the prior information about this tender was published in OJ 2016/S 103-183492 of 31.5.2016 with the title ‘Assisting the Commission in the implementation of the Commission Regulation (EU) No 1031/2010 (“Auctioning Regulation”) and of the market oversight framework under the EU emission trading system’.

II.1.5) Estimated total value

Value excluding VAT:   10.000.000,00

Currency:   EUR

II.1.6) Information about lots

This contract is divided into lots:   yes

Tenders may be submitted for:   all lots: 3

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

Legal assistance

Lot No:   1

II.2.2) Additional CPV code(s)

Main CPV code:   79418000 - Procurement consultancy services

Supplementary CPV code:   -

II.2.3) Place of performance

NUTS code:   00 - N/A

Main site or place of performance:   ‘Extra muros’.

II.2.4) Description of the procurement

The framework contract for lot 1 will run for an initial period of 24 months and shall be renewed automatically 2 times (with a maximum total duration of 72 months). The contractor(s) of the framework contract under this lot 1 might be required to provide the following services:

1) legal assistance for development, implementation, monitoring and review of the legislation applicable to the primary and secondary market in allowances under the EU emission trading system;

2) legal assistance for contract management;

3) legal assistance for the joint procurement of the common auction platform or of the auction monitor;

4) legal assistance for the management of the Joint Procurement Agreements;

5) coordination and handover tasks.

For further detail, please refer to procurement documents (see Section 2.3 of the tender specifications).

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:   6.000.000,00

Currency:   EUR

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months:   72

This contract is subject to renewal:   yes

Description of renewals:   Lot 1 will run for an initial period of 24 months and shall be renewed automatically 2 times (with a maximum total duration of 72 months).

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

Economic and financial market analysis

Lot No:   2

II.2.2) Additional CPV code(s)

Main CPV code:   66170000 - Financial consultancy, financial transaction processing and clearing-house services

Supplementary CPV code:   -

II.2.3) Place of performance

NUTS code:   00 - N/A

Main site or place of performance:   ‘Extra muros’.

II.2.4) Description of the procurement

The framework contract for lot 2 will run for an initial period of 24 months and shall be renewed automatically 2 times (with a maximum total duration of 72 months). The contractor(s) of the framework contract under this lot 2 might be required to provide the following services:

1) economic and financial analysis of the functioning of the carbon markets;

2) economic and financial advice for the development, implementation, monitoring and review of the legislation applicable to the primary and secondary market in allowances under the EU emissions trading system;

3) economic and financial advice for contracts' management;

4) economic and financial advice and support for the procurement of the common auction platform or of the auction monitor;

5) economic and financial advice for the management of the Joint Procurement Agreements;

6) coordination and handover tasks.

For further detail, please refer to procurement documents (see Section 2.3 of the tender specifications).

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:   2.500.000,00

Currency:   EUR

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months:   72

This contract is subject to renewal:   yes

Description of renewals:   Lot 2 will run for an initial period of 24 months and shall be renewed automatically 2 times (with a maximum total duration of 72 months).

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

Accounting and auditing services

Lot No:   3

II.2.2) Additional CPV code(s)

Main CPV code:   79212000 - Auditing services

Supplementary CPV code:   -

II.2.3) Place of performance

NUTS code:   00 - N/A

Main site or place of performance:   ‘Extra muros’.

II.2.4) Description of the procurement

The framework contract for lot 3 will run for an initial period of 24 months and shall be renewed automatically 2 times (with a maximum total duration of 72 months). The contractor(s) of the framework contract under this lot 3 might be required to provide the following services:

1) accounting and auditing services for the implementation of the Auctioning Regulation, including compliance audit of the implementation of the Auctioning Regulation by the auction platforms;

2) accounting and auditing services for the development, implementation, monitoring and review of the EU financial market legislation applicable to the primary and secondary market in allowances;

3) accounting and auditing services for public procurement procedures for the nomination of the common auction platform and the auction monitor, including assistance in the determination of the financial requirements and of the cost structure as well as in the evaluation of the financial situation of candidates or tenderers;

4) accounting and auditing assistance with regard to the contracts with the common auction platform and the auction monitor, including the operational audit on the performance of the services under these contracts and audit for the determination of the costs, variation of costs and the estimation of the related price revision under these contracts;

5) handover tasks.

For further detail, please refer to procurement documents (see Section 2.3 of the tender specifications).

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:   1.500.000,00

Currency:   EUR

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months:   72

This contract is subject to renewal:   yes

Description of renewals:   Lot 3 will run for an initial period of 24 months and shall be renewed automatically 2 times (with a maximum total duration of 72 months).

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:

Please refer to procurement documents.

III.1.2) Economic and financial standing

Selection criteria as stated in the procurement documents:   yes

List and brief description of selection criteria:

-

Minimum level(s) of standards possibly required:

-

III.1.3) Technical and professional ability

Selection criteria as stated in the procurement documents:   yes

List and brief description of selection criteria:

-

Minimum level(s) of standards possibly required:

-

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

Please refer to procurement documents.

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

Open procedure

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

The procurement involves the establishment of a framework agreement:   yes

Framework agreement with several operators:   yes

Envisaged maximum number of participants to the framework agreement:   `tran(3)` not found

In the case of framework agreements, provide justification for any duration exceeding 4 years:   The total maximum duration is envisaged to be 72 months, in view of the subject matter of this FWC that is to provide legal assistance to the Commission in several areas and in particular with relation to the procurement procedure for the third common auction platform for the EU ETS which may start in 2019 to be completed in 2021.

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:   yes

IV.2) Administrative information

IV.2.1) Previous publication concerning this procedure

Notice number in the OJ S:   2016/S 103-183492

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

Date:   12-07-2017

Local time:   16:00

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:   9

IV.2.7) Conditions for opening of tenders

Date:   20-07-2017

Local time:   14:30

Place:   avenue de Beaulieu 5, Room E, 1160 Brussels, BELGIUM.

Information about authorised persons and opening procedure:   A maximum of 2 representatives per tender may attend the opening (no expenses paid). For organisational and security reasons, the tenderer must provide the full name and ID or passport number of the representatives at least 3 working days in advance to: clima-tenders@ec.europa.eu Failing that, the contracting authority reserves the right to refuse access to its premises.

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

In line with Article 134.1.e) of the rules of application to the Regulation (EU, Euratom) 2015/1929 of the European Parliament and of the Council of 28.10.2015 (Financial Regulation), during the 3 years following conclusion of the original contract, the contracting authority will be able to use the negotiated procedure for additional services (without prior publication of a contract notice) for new services or works consisting in the repetition of similar services or works entrusted to the economic operator to which the same contracting authority awarded an original contract, provided that these services or works are in conformity with a basic project for which the original contract was awarded after publication of a contract notice, subject to the conditions set out in paragraph 4 of Article 134.

Tender documents will be available for download at the address indicated under heading I.3. The website will be updated regularly and it is the tenderers' responsibility to check for updates and modifications during the tendering period.

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
E-mail
-
Fax
+352 4303100
Internet address
http://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:   You may submit any observations concerning the award procedure to the contracting authority indicated under heading I.1. If you believe that there was maladministration, you may lodge a complaint to the European Ombudsman within 2 years of the date when you became aware of the facts on which the complaint is based (see http://www.ombudsman.europa.eu). Such complaint does not have as an effect either to suspend the time limit to launch an appeal or to open a new period for lodging an appeal. Within 2 months of the notification of the award decision you may lodge an appeal to the body referred to in VI.4.1.

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

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

VI.4.5) Date of dispatch of this notice

18-05-2017

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