Contract award 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
National registration number
-
Postal address
CLIMA.A.4 – Financial Resources & Planning BU-24 00/061
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.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.1.6) Information about lots

This contract is divided into lots:   yes

II.1.7) Total value of the procurement (excluding VAT)

Value:   10.000.000,00

Currency:   EUR


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

Criteria below

Price - Weighting:   50/50

Quality criterion - Name:   Organisation of the work  / Weighting:   30

Quality criterion - Name:   Illustrative tasks  / Weighting:   70

II.2.11) Information about options

Options:   no

Description of options:   -

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

Criteria below

Price - Weighting:   50/50

Quality criterion - Name:   Organisation of the work  / Weighting:   30

Quality criterion - Name:   Illustrative tasks  / Weighting:   70

II.2.11) Information about options

Options:   no

Description of options:   -

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

Criteria below

Price - Weighting:   50/50

Quality criterion - Name:   Overall management of the framework contract  / Weighting:   30

Quality criterion - Name:   Illustrative tasks  / Weighting:   70

II.2.11) Information about options

Options:   no

Description of options:   -

II.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds:   no

II.2.14) Additional information

-


Section IV: Procedure

IV.1) 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:   yes

A dynamic purchasing system was set up:   no

IV.1.6) Information about electronic auction

An electronic auction has been used:   no

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:   2017/S 102-203754

IV.2.8) Information about termination of dynamic purchasing system

The notice involves the termination of the dynamic purchasing system published by the above contract notice:   no

IV.2.9) Information about termination of call for competition in the form of a prior information notice

The contracting authority will not award any further contracts based on the above prior information notice:   no


Section V: Award of contract

Contract No:   -

Lot No:   1

Title:   Legal assistance

A contract/lot is awarded:   yes

V.2) Award of contract Lot No: 1

V.2.1) Date of conclusion of the contract

21-01-2018

V.2.2) Information about tenders

Number of tenders received:   1

Number of tenders received from SMEs:   0

Number of tenders received from tenderers from other EU Member States:   0

Number of tenders received from tenderers from non-EU Member States:   0

Number of tenders received by electronic means:   0

The contract has been awarded to a group of economic operators:   no

V.2.3) Name and address of the contractor

Official name
DLA Piper UK LLP
National registration number
-
Postal address
avenue Louise 106
Town
Brussels
NUTS code
BE
Postal code
1050
Country
BELGIQUE-BELGIË
Telephone
-
E-mail
-
Fax
-
Internet address
-
The contractor is an SME
no

V.2.4) Information on value of the contract/lot

Initial estimated total value of the contract/lot:   6.000.000,00 EUR

Total value of the contract/lot:   6.000.000,00 EUR

Lowest offer:   -

Highest offer:   -

V.2.5) Information about subcontracting

The contract is likely to be subcontracted:   no

Proportion:   -

Short description of the part of the contract to be subcontracted:   -


Section V: Award of contract

Contract No:   2

Lot No:   2

Title:   Economic and financial market analysis

A contract/lot is awarded:   yes

V.2) Award of contract Lot No: 2

V.2.1) Date of conclusion of the contract

24-01-2018

V.2.2) Information about tenders

Number of tenders received:   2

Number of tenders received from SMEs:   0

Number of tenders received from tenderers from other EU Member States:   0

Number of tenders received from tenderers from non-EU Member States:   0

Number of tenders received by electronic means:   0

The contract has been awarded to a group of economic operators:   yes

V.2.3) Name and address of the contractor

Official name
European Economic Research Limited (Europe Economics)
National registration number
-
Postal address
Chancery House, 53-64 Chancery Lane
Town
London
NUTS code
UK
Postal code
WC2A 1QU
Country
UNITED KINGDOM
Telephone
-
E-mail
-
Fax
-
Internet address
-
The contractor is an SME
no

V.2.3) Name and address of the contractor

Official name
LSE Enterprise Ltd
National registration number
-
Postal address
55-56 Lincoln's Inn Fields
Town
London
NUTS code
UK
Postal code
WC2A 3LJ
Country
UNITED KINGDOM
Telephone
-
E-mail
-
Fax
-
Internet address
-
The contractor is an SME
no

V.2.4) Information on value of the contract/lot

Initial estimated total value of the contract/lot:   2.500.000,00 EUR

Total value of the contract/lot:   2.500.000,00 EUR

Lowest offer:   -

Highest offer:   -

V.2.5) Information about subcontracting

The contract is likely to be subcontracted:   yes

Proportion:   -

Short description of the part of the contract to be subcontracted:   -


Section V: Award of contract

Contract No:   3

Lot No:   3

Title:   Accounting and auditing services

A contract/lot is awarded:   no

V.1) Information on non-award

The contract/lot is not awarded

No tenders or requests to participate were received or all were rejected:   yes

Other reasons (discontinuation of procedure):   no

Notice reference:   -


Section VI: Complementary information

VI.3) Additional information

In line with Article 134.1.e) of the Rules of Application to the Financial Regulation Nº 2015/1929 of 30.10.2015, 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 two 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

01-02-2018

Annex D1 – General procurement: Justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union

1. Justification for the choice of the negotiated procedure without prior publication of a call for competition in accordance with Article 32 of Directive 2014/24/EU

No tenders or no suitable tenders/requests to participate in response to:

open procedure:   no

restricted procedure:   no

The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the directive:   -

The works, supplies or services can be provided only by a particular economic operator for the following reason:

absence of competition for technical reasons:   no

procurement aiming at the creation or acquisition of a unique work of art or artistic performance:   no

protection of exclusive rights, including intellectual property rights:   no

Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the directive:   no

Additional deliveries by the original supplier ordered under the strict conditions stated in the directive:   no

New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the directive:   -

Service contract to be awarded to the winner or one of winners under the rules of a design contest:   -

Procurement of supplies quoted and purchased on a commodity market:   -

Purchase of supplies or services on particularly advantageous terms:

from a supplier which is definitively winding up its business activities:   -

protection of exclusive rights, including intellectual property rights:   -

2. Other justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union

The procurement falls outside the scope of application of the directive:   no

3. Explanation

-

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