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Legal advisory services (№14904098)

28 may

Number: 14904098

Country: Germany

Source: TED

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Publication date


28-05-2019

Description


  1. Section I
    1. Name and addresses
      Forschungszentrum Jülich GmbH -Team Wissenschaft-
      Wilhelm-Johnen-Str.
      Jülich
      52428
      Germany
      Telephone: +49 2461/612358
      E-mail: [email protected]
      Fax: +49 2461/618042
    2. Type of the contracting authority:
      Other type: Body governed by private law
    3. Main activity:
      Other activity: Research and development
  2. Section II
    1. Scope of the procurement:
      1. Title:

        Legal Assistance within the Framework of the European PRACE-6IP-project

        Reference number: W60/42207813
      2. Main CPV code:
        79111000, 79111000, 79111000, 79111000, 79111000, 79111000
      3. Type of contract:
        Services
      4. Short description:

        PRACE, the Partnership for Advanced Computing in Europe, is established as an international not-for-profit association under Belgian law (association internationale sans but lucrative – AISBL) and has its seat in Brussels. PRACE AISBL has 26 members and its mission is to enable high-impact scientific discovery and engineering research and development across all disciplines to enhance European competitiveness for the benefit of society. PRACE seeks to realise this mission by offering world-class computing and data management resources and services through a peer review process. In order to fulfill its mission, PRACE AISBL is supported by the 6th PRACE Implementation Phase (PRACE-6IP) Project, coordinated by one of PRACE AISBL’s members, the Forschungszentrum Juelich GmbH.

        The requests of this tender are for, in the context of providing support to Work Package 2 of the PRACE-6IP Project:

        1) Expert advice on the legal and fiscal questions for the PRACE Implementation Phase projects and fo

      5. Information about lots:
        This contract is divided into lots: yes
      6. Total value of the procurement:
        Value excluding VAT: 1.00 EUR
    2. Description
      1. Title:

        Fiscal Law

      2. Additional CPV code(s):
        79111000
      3. Place of performance:
      4. Description of the procurement:

        Lot 1: Fiscal Law

        The selected law firm must provide expertise in tax-related issues for the AIBSL.

        In particular, the selected law firm must be able to analyse the impact of VAT:

        — on the income and expenditure of the AISBL, at the level of the AISBL, but especially at the level of the European partners,

        — on a possible evolution of the governance of the AISBL.

        In addition, the selected law firm must be able to propose ways of optimising local taxation.

        In addition, the selected law firm must be able to answer any tax-related questions resulting from changes in the AISBL structure or its members, changes in funding or sources of funding (e.g. European Commission funding) or changes in the way computing time is allocated.

        The selected law firm must be able to answer questions relating to a potential situation where PRACE AISBL purchases its own equipment, especially as regards to:

        — insurance of the equipment,

        — taxation of allocation of resources,

        — potential considerations of state aid.

        Additionally, the selected firm must be able to answer questions regarding financial and legal topics related to the participation of PRACE AISBL in projects funded by the European Commission, with a special attention to the H2020 framework programme and its future continuations. More specifically, the selected firm must have expertise and be able to advice on the implementation of grants (in cash or in kind) by PRACE AISBL. E.g.: fellowships, awards, trophies, allowances.

      5. Award criteria:
        Quality criterion - Name: References + Presentation / Weighting: 70
        Price - Weighting: 30
      6. Information about options:
        Options: no
      7. Information about European Union funds:
        The procurement is related to a project and/or programme financed by European Union funds: no
      8. Additional information:
      9. Title:

        Trade Law/NICT

      10. Additional CPV code(s):
        79111000
      11. Place of performance:
      12. Description of the procurement:

        Lot 2: Trade Law/NICT

        The selected law firm will be in charge of providing expertise in the following areas:

        — commercial law: sale and purchase,

        — implementation of the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.4.2016).

      13. Award criteria:
        Quality criterion - Name: References + Presentation / Weighting: 70
        Price - Weighting: 30
      14. Information about options:
        Options: no
      15. Information about European Union funds:
        The procurement is related to a project and/or programme financed by European Union funds: no
      16. Additional information:
      17. Title:

        Corporate Law

      18. Additional CPV code(s):
        79111000
      19. Place of performance:
      20. Description of the procurement:

        Lot 3: Corporate Law

        The selected law firm must provide expertise in issues relating to the governance of PRACE AISBL, both from a national point of view (especially from Belgium, but not limited to it) and from a European point of view. Additionally, the firm must provide expertise and solutions towards a potential evolution of the AISBL structure (European company, ERIC, others).

      21. Award criteria:
        Quality criterion - Name: References + Presentation / Weighting: 70
        Price - Weighting: 30
      22. Information about options:
        Options: no
      23. Information about European Union funds:
        The procurement is related to a project and/or programme financed by European Union funds: no
      24. Additional information:
      25. Title:

        Competition Law/Public Law

      26. Additional CPV code(s):
        79111000
      27. Place of performance:
      28. Description of the procurement:

        Lot 4: Competition Law/Public Law

        The selected law firm will be in charge of providing expertise in the following areas:

        — application of the rules on competitive tendering: applicable law, procedures, monitoring of legal developments relating to these rules,

        — competition law: impact study on the free allocation of computing time to industrial researchers.

      29. Award criteria:
        Quality criterion - Name: References + Presentation / Weighting: 70
        Price - Weighting: 30
      30. Information about options:
        Options: no
      31. Information about European Union funds:
        The procurement is related to a project and/or programme financed by European Union funds: no
      32. Additional information:
      33. Title:

        Social Law/Labour Law

      34. Additional CPV code(s):
        79111000
      35. Place of performance:
      36. Description of the procurement:

        Lot 5: Social Law/Labour Law

        The selected law firm will be in charge of providing expertise in the field of employment law:

        — to carry out an audit of current employment contracts and propose changes,

        — analysis of the applicable social regulations: collective agreement/branch agreement, implementation of internal regulations, mandatory signage, health regulations, election of staff representatives,

        — to propose corrective actions following the social and regulatory analysis of the PRACE AISBL.

      37. Award criteria:
        Quality criterion - Name: References + Presentation / Weighting: 70
        Price - Weighting: 30
      38. Information about options:
        Options: no
      39. Information about European Union funds:
        The procurement is related to a project and/or programme financed by European Union funds: no
      40. Additional information:
  3. Section IV
    1. Description:
      1. Type of procedure:
        Competitive procedure with negotiation
      2. Information about a framework agreement or a dynamic purchasing system:
      3. Information about electronic auction:
      4. Information about the Government Procurement Agreement (GPA):
        The procurement is covered by the Government Procurement Agreement: no
    2. Administrative information:
      1. Previous publication concerning this procedure:
        Notice number in the OJ S: 2019/S 034-076981
      2. Information about termination of dynamic purchasing system:
      3. Information about termination of call for competition in the form of a prior information notice:
  4. Section V
    2. Award of contract
      1. Date of conclusion of the contract: 2019-05-24
      2. Information about tenders:
        Number of tenders received: 1
        Number of tenders received from SMEs: 1
        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: 1
        The contract has been awarded to a group of economic operators: no
      3. Name and address of the contractor:
        Bird&Bird LLP
        Düsseldorf
        Germany
        The contractor is an SME: yes
      4. Information on value of the contract/lot (excluding VAT):

        Total value of the contract/lot: 1.00 EUR
      5. Information about subcontracting:

  5. Section VI
    1. Additional information
    2. Procedures for review
      1. Review body
        Bundeskartellamt
        Villemombler Straße 76
        Bonn
        53123
        Germany
      2. Body responsible for mediation procedures

      3. Service from which information about the review procedure may be obtained

        As long as an effective award (contract) has not yet been granted, the appeal may be submitted to the body referred to under VI.4.1.

        Tenderers are required to complain of non-compliance with the awarding authority referred to under I.1 without delay, before lodging a petition for review. Reference is made to § 160 GWB at this point. Tenderers whose bids are not to be considered are informed prior the awarding of contract according to § 134 GWB.


    3. Date of dispatch of this notice
      2019-05-24