CFT-1789 Legal Services under German Law

The objective of this call for tenders is to award multiple-operator Framework Agreements for the provision of (i) legal advice for lending operations under German law, (ii) legal advice for venture debt operations and other similar equity or quasi equity operations under German law; and (iii) legal advice for (out-of-court …

CPV: 79111000 Legal advisory services
Deadline:
Nov. 28, 2024, 3 p.m.
Deadline type:
Submitting a bid
Place of execution:
CFT-1789 Legal Services under German Law
Awarding body:
European Investment Bank
Award number:
EIB/2024/OP/0035

1. Buyer

1.1 Buyer

Official name : European Investment Bank
Legal type of the buyer : EU institution, body or agency
Activity of the contracting authority : General public services

2. Procedure

2.1 Procedure

Title : CFT-1789 Legal Services under German Law
Description : The objective of this call for tenders is to award multiple-operator Framework Agreements for the provision of (i) legal advice for lending operations under German law, (ii) legal advice for venture debt operations and other similar equity or quasi equity operations under German law; and (iii) legal advice for (out-of-court and in-court) restructurings under German law
Procedure identifier : b66d7abc-9c9b-417b-b726-f15f2a5a656e
Internal identifier : EIB/2024/OP/0035
Type of procedure : Open
Justification for the accelerated procedure :
Main features of the procedure :

2.1.1 Purpose

Main nature of the contract : Services
Main classification ( cpv ): 79111000 Legal advisory services

2.1.3 Value

Estimated value excluding VAT : 9 000 000 Euro

2.1.4 General information

Additional information : In case of unavailability or disruptions in the functioning of the electronic means of communication provided in Section 5.1.11 in the last 5 calendar days before the time limit for receipt indicated in Section 5.1.12, the contracting authority reserves the right to extend this time limit and publish the extension at the Internet address provided in Section 5.1.11, without a preceding publication of a corrigendum to this notice. Economic operators interested in this procurement are invited to subscribe to the call for tenders at the address in Section 5.1.11 in order to get notified when new information or documents are published.
Legal basis :
Regulation (EU, Euratom) 2018/1046

2.1.6 Grounds for exclusion

Bankruptcy : For the full list of exclusion grounds please consult the procurement documents.

5. Lot

5.1 Lot technical ID : LOT-0001

Title : Lot 1: Legal advice for lending operations under German law; this does not include any legal advice on German public/administrative law including state aid law and procurement law.
Description : The objective of this call for tenders is to award multiple-operator Framework Agreements for the provision of legal advice for lending operations under German law
Internal identifier : EIB/2024/OP/0035-LOT-1

5.1.1 Purpose

Main nature of the contract : Services
Main classification ( cpv ): 79111000 Legal advisory services

5.1.3 Estimated duration

Duration : 48 Month

5.1.4 Renewal

The buyer reserves the right for additional purchases from the contractor, as described here : The framework contract is concluded for an initial period of 24 (twenty-four) months, renewable 2 (two) time(s). Please consult the draft framework contract in the procurement documents.

5.1.5 Value

Estimated value excluding VAT : 5 000 000 Euro

5.1.6 General information

Reserved participation : Participation is not reserved.
Procurement Project fully or partially financed with EU Funds.
The procurement is covered by the Government Procurement Agreement (GPA) : no
Additional information : The European Investment Bank is not subject to the Regulation 2018/1046. EIB procurements are governed by EIB’s Corporate & Technical Assistance Procurement Guide EIB’s Corporate & Technical Assistance Procurement Guide.( https://www.eib.org/en/publications/20230383eibscorporateandtechnicalassistanceprocurementguide). For this reason, the following deviations to Section 5.1.12 of this contract notice shall apply: (i) Unless otherwise provided in the `Terms of Reference` tenders must be submitted in either in English or in French, since both are working languages of EIB (point 4.1 of EIB’s General Administrative and Submission Clauses). (ii) Tenders are opened in a nonpublic opening session by an opening board, whose members are appointed by EIB under guarantee of impartiality and confidentiality (point 5.1 of EIB’s General Administrative and Submission Clauses).Tenderers may request a copy of the opening record by email to corporateprocurement@eib.org . Tenderers may in the first instance submit any concerns regarding the procurement to the Bank using the contact details under section 8.1 ORG0001 of this contract notice. If tenderers or other interested parties, believe that the EIB committed an instance of maladministration, (e.g. it has failed to act in accordance with its established policies, standards and procedures or to respect the principles of good administration), they may lodge a complaint to the EIB Group Complaints Mechanism (see https://www.eib.org/en/about/accountability/complaints/index.htm) within 1 year from the date when the alleged action, decision or omission by the Bank could be reasonably known by the complainant. If unhappy with the outcome, tenderers can seek a review of the EIB Group’s reply to the complaint by the European Ombudsman (see https://www.ombudsman.europa.eu). Within 2 months of notification of the outcome of the procedure (award decision), tenderers may launch an action for its annulment and/or damages. Any request tenderers may make and any reply from the Bank or any complaint of maladministration, will have neither the purpose nor the effect of suspending the time limit for launching an action for annulment nor open a new period for launching an action for annulment. The body responsible for hearing annulment procedures is indicated under section 8.1 ORG0002 of this contract notice.In case of unavailability or disruptions in the functioning of the electronic means of communication provided in Section 5.1.11 in the last 5 calendar days before the time limit for receipt indicated in Section 5.1.12, the contracting authority reserves the right to extend this time limit and publish the extension at the Internet address provided in Section 5.1.11, without a preceding publication of a corrigendum to this notice. Economic operators interested in this procurement are invited to subscribe to the call for tenders at the address in Section 5.1.11 in order to get notified when new information or documents are published. Legal basis: Regulation (EU, Euratom) 2018/1046

5.1.9 Selection criteria

Criterion :
Type : Suitability to pursue the professional activity
Description : Please consult the procurement documents.
Criterion :
Type : Economic and financial standing
Description : Please consult the procurement documents.
Criterion :
Type : Technical and professional ability
Description : Please consult the procurement documents.

5.1.10 Award criteria

Criterion :
Type : Quality
Name :
Description : Please consult the procurement documents.
Weight (percentage, exact) : 80
Criterion :
Type : Price
Name :
Description : Please consult the procurement documents.
Weight (percentage, exact) : 20
Description of the method to be used if weighting cannot be expressed by criteria :
Justification for not indicating the weighting of the award criteria :

5.1.11 Procurement documents

5.1.12 Terms of procurement

Terms of submission :
Electronic submission : Required
Languages in which tenders or requests to participate may be submitted : Bulgarian, Czech, Danish, German, Greek, English, Spanish, Estonian, Finnish, French, Irish, Croatian, Hungarian, Italian, Lithuanian, Latvian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish
Electronic catalogue : Not allowed
Deadline for receipt of tenders : 28/11/2024 15:00 +01:00
Deadline until which the tender must remain valid : 6 Month
Information about public opening :
Opening date : 29/11/2024 10:00 +01:00
Terms of contract :
The execution of the contract must be performed within the framework of sheltered employment programmes : No
Electronic invoicing : Allowed
Electronic ordering will be used : no
Electronic payment will be used : yes

5.1.15 Techniques

Framework agreement :
Framework agreement, with reopening of competition
Information about the dynamic purchasing system :
No dynamic purchase system
Electronic auction : no

5.1.16 Further information, mediation and review

Review organisation : Court of Justice of the European Union
TED eSender : European Commission

5.1 Lot technical ID : LOT-0002

Title : Lot 2: Legal advice for venture debt operations and other similar equity or quasi equity operations under German law
Description : The objective of this call for tenders is to award multiple-operator Framework Agreements for the provision of legal advice for venture debt operations and other similar equity or quasi equity operations under German law
Internal identifier : EIB/2024/OP/0035-LOT-2

5.1.1 Purpose

Main nature of the contract : Services
Main classification ( cpv ): 79111000 Legal advisory services

5.1.3 Estimated duration

Duration : 48 Month

5.1.4 Renewal

The buyer reserves the right for additional purchases from the contractor, as described here : The framework contract is concluded for an initial period of 24 (twenty-four) months, renewable 2 (two) time(s). Please consult the draft framework contract in the procurement documents.

5.1.5 Value

Estimated value excluding VAT : 2 400 000 Euro

5.1.6 General information

Reserved participation : Participation is not reserved.
Procurement Project fully or partially financed with EU Funds.
The procurement is covered by the Government Procurement Agreement (GPA) : no
Additional information : The European Investment Bank is not subject to the Regulation 2018/1046. EIB procurements are governed by EIB’s Corporate & Technical Assistance Procurement Guide EIB’s Corporate & Technical Assistance Procurement Guide.( https://www.eib.org/en/publications/20230383eibscorporateandtechnicalassistanceprocurementguide). For this reason, the following deviations to Section 5.1.12 of this contract notice shall apply: (i) Unless otherwise provided in the `Terms of Reference` tenders must be submitted in either in English or in French, since both are working languages of EIB (point 4.1 of EIB’s General Administrative and Submission Clauses). (ii) Tenders are opened in a nonpublic opening session by an opening board, whose members are appointed by EIB under guarantee of impartiality and confidentiality (point 5.1 of EIB’s General Administrative and Submission Clauses).Tenderers may request a copy of the opening record by email to corporateprocurement@eib.org . Tenderers may in the first instance submit any concerns regarding the procurement to the Bank using the contact details under section 8.1 ORG0001 of this contract notice. If tenderers or other interested parties, believe that the EIB committed an instance of maladministration, (e.g. it has failed to act in accordance with its established policies, standards and procedures or to respect the principles of good administration), they may lodge a complaint to the EIB Group Complaints Mechanism (see https://www.eib.org/en/about/accountability/complaints/index.htm) within 1 year from the date when the alleged action, decision or omission by the Bank could be reasonably known by the complainant. If unhappy with the outcome, tenderers can seek a review of the EIB Group’s reply to the complaint by the European Ombudsman (see https://www.ombudsman.europa.eu). Within 2 months of notification of the outcome of the procedure (award decision), tenderers may launch an action for its annulment and/or damages. Any request tenderers may make and any reply from the Bank or any complaint of maladministration, will have neither the purpose nor the effect of suspending the time limit for launching an action for annulment nor open a new period for launching an action for annulment. The body responsible for hearing annulment procedures is indicated under section 8.1 ORG0002 of this contract notice.In case of unavailability or disruptions in the functioning of the electronic means of communication provided in Section 5.1.11 in the last 5 calendar days before the time limit for receipt indicated in Section 5.1.12, the contracting authority reserves the right to extend this time limit and publish the extension at the Internet address provided in Section 5.1.11, without a preceding publication of a corrigendum to this notice. Economic operators interested in this procurement are invited to subscribe to the call for tenders at the address in Section 5.1.11 in order to get notified when new information or documents are published. Legal basis: Regulation (EU, Euratom) 2018/1046

5.1.9 Selection criteria

Criterion :
Type : Suitability to pursue the professional activity
Description : Please consult the procurement documents.
Criterion :
Type : Economic and financial standing
Description : Please consult the procurement documents.
Criterion :
Type : Technical and professional ability
Description : Please consult the procurement documents.

5.1.10 Award criteria

Criterion :
Type : Quality
Name :
Description : Please consult the procurement documents.
Weight (percentage, exact) : 80
Criterion :
Type : Price
Name :
Description : Please consult the procurement documents.
Weight (percentage, exact) : 20
Description of the method to be used if weighting cannot be expressed by criteria :
Justification for not indicating the weighting of the award criteria :

5.1.11 Procurement documents

5.1.12 Terms of procurement

Terms of submission :
Electronic submission : Required
Languages in which tenders or requests to participate may be submitted : Bulgarian, Czech, Danish, German, Greek, English, Spanish, Estonian, Finnish, French, Irish, Croatian, Hungarian, Italian, Lithuanian, Latvian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish
Electronic catalogue : Not allowed
Deadline for receipt of tenders : 28/11/2024 15:00 +01:00
Deadline until which the tender must remain valid : 6 Month
Information about public opening :
Opening date : 29/11/2024 10:00 +01:00
Terms of contract :
The execution of the contract must be performed within the framework of sheltered employment programmes : No
Electronic invoicing : Allowed
Electronic ordering will be used : no
Electronic payment will be used : yes

5.1.15 Techniques

Framework agreement :
Framework agreement, with reopening of competition
Information about the dynamic purchasing system :
No dynamic purchase system
Electronic auction : no

5.1.16 Further information, mediation and review

Review organisation : Court of Justice of the European Union
TED eSender : European Commission

5.1 Lot technical ID : LOT-0003

Title : Lot 3: Legal advice for (out-of-court and in-court) restructurings under German law
Description : The objective of this call for tenders is to award multiple-operator Framework Agreements for the provision of legal advice for (out-of-court and in-court) restructurings under German law
Internal identifier : EIB/2024/OP/0035-LOT-3

5.1.1 Purpose

Main nature of the contract : Services
Main classification ( cpv ): 79111000 Legal advisory services

5.1.3 Estimated duration

Duration : 48 Month

5.1.4 Renewal

The buyer reserves the right for additional purchases from the contractor, as described here : The framework contract is concluded for an initial period of 24 (twenty-four) months, renewable 2 (two) time(s). Please consult the draft framework contract in the procurement documents.

5.1.5 Value

Estimated value excluding VAT : 1 600 000 Euro

5.1.6 General information

Reserved participation : Participation is not reserved.
Procurement Project fully or partially financed with EU Funds.
The procurement is covered by the Government Procurement Agreement (GPA) : no
Additional information : The European Investment Bank is not subject to the Regulation 2018/1046. EIB procurements are governed by EIB’s Corporate & Technical Assistance Procurement Guide EIB’s Corporate & Technical Assistance Procurement Guide.( https://www.eib.org/en/publications/20230383eibscorporateandtechnicalassistanceprocurementguide). For this reason, the following deviations to Section 5.1.12 of this contract notice shall apply: (i) Unless otherwise provided in the `Terms of Reference` tenders must be submitted in either in English or in French, since both are working languages of EIB (point 4.1 of EIB’s General Administrative and Submission Clauses). (ii) Tenders are opened in a nonpublic opening session by an opening board, whose members are appointed by EIB under guarantee of impartiality and confidentiality (point 5.1 of EIB’s General Administrative and Submission Clauses).Tenderers may request a copy of the opening record by email to corporateprocurement@eib.org . Tenderers may in the first instance submit any concerns regarding the procurement to the Bank using the contact details under section 8.1 ORG0001 of this contract notice. If tenderers or other interested parties, believe that the EIB committed an instance of maladministration, (e.g. it has failed to act in accordance with its established policies, standards and procedures or to respect the principles of good administration), they may lodge a complaint to the EIB Group Complaints Mechanism (see https://www.eib.org/en/about/accountability/complaints/index.htm) within 1 year from the date when the alleged action, decision or omission by the Bank could be reasonably known by the complainant. If unhappy with the outcome, tenderers can seek a review of the EIB Group’s reply to the complaint by the European Ombudsman (see https://www.ombudsman.europa.eu). Within 2 months of notification of the outcome of the procedure (award decision), tenderers may launch an action for its annulment and/or damages. Any request tenderers may make and any reply from the Bank or any complaint of maladministration, will have neither the purpose nor the effect of suspending the time limit for launching an action for annulment nor open a new period for launching an action for annulment. The body responsible for hearing annulment procedures is indicated under section 8.1 ORG0002 of this contract notice.In case of unavailability or disruptions in the functioning of the electronic means of communication provided in Section 5.1.11 in the last 5 calendar days before the time limit for receipt indicated in Section 5.1.12, the contracting authority reserves the right to extend this time limit and publish the extension at the Internet address provided in Section 5.1.11, without a preceding publication of a corrigendum to this notice. Economic operators interested in this procurement are invited to subscribe to the call for tenders at the address in Section 5.1.11 in order to get notified when new information or documents are published. Legal basis: Regulation (EU, Euratom) 2018/1046

5.1.9 Selection criteria

Criterion :
Type : Suitability to pursue the professional activity
Description : Please consult the procurement documents.
Criterion :
Type : Economic and financial standing
Description : Please consult the procurement documents.
Criterion :
Type : Technical and professional ability
Description : Please consult the procurement documents.

5.1.10 Award criteria

Criterion :
Type : Quality
Name :
Description : Please consult the procurement documents.
Weight (percentage, exact) : 80
Criterion :
Type : Price
Name :
Description : Please consult the procurement documents.
Weight (percentage, exact) : 20
Description of the method to be used if weighting cannot be expressed by criteria :
Justification for not indicating the weighting of the award criteria :

5.1.11 Procurement documents

5.1.12 Terms of procurement

Terms of submission :
Electronic submission : Required
Languages in which tenders or requests to participate may be submitted : Bulgarian, Czech, Danish, German, Greek, English, Spanish, Estonian, Finnish, French, Irish, Croatian, Hungarian, Italian, Lithuanian, Latvian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish
Electronic catalogue : Not allowed
Deadline for receipt of tenders : 28/11/2024 15:00 +01:00
Deadline until which the tender must remain valid : 6 Month
Information about public opening :
Opening date : 29/11/2024 10:00 +01:00
Terms of contract :
The execution of the contract must be performed within the framework of sheltered employment programmes : No
Electronic invoicing : Allowed
Electronic ordering will be used : no
Electronic payment will be used : yes

5.1.15 Techniques

Framework agreement :
Framework agreement, with reopening of competition
Information about the dynamic purchasing system :
No dynamic purchase system
Electronic auction : no

5.1.16 Further information, mediation and review

Review organisation : Court of Justice of the European Union
TED eSender : European Commission

8. Organisations

8.1 ORG-0001

Official name : European Investment Bank
Registration number : EIB
Postal address : 98-100 boulevard Konrad Adenauer
Town : Luxembourg
Postcode : L-2950
Country subdivision (NUTS) : Luxembourg ( LU000 )
Country : Luxembourg
Telephone : +352 43 79 1
Internet address : http://www.eib.org
Roles of this organisation :
Buyer

8.1 ORG-0002

Official name : Court of Justice of the European Union
Registration number : CURIA
Postal address : Rue du Fort Niedergrünewald
Town : Luxembourg
Postcode : L-2925
Country subdivision (NUTS) : Luxembourg ( LU000 )
Country : Luxembourg
Telephone : +352 4303-1
Internet address : http://curia.europa.eu
Roles of this organisation :
Review organisation

8.1 ORG-0003

Official name : European Commission
Registration number : EUCOM
Postal address : Mondrian (CDMA), Rue du Champ de Mars 21
Town : Brussels
Postcode : B-1050
Country subdivision (NUTS) : Arr. de Bruxelles-Capitale/Arr. Brussel-Hoofdstad ( BE100 )
Country : Belgium
Telephone : +32 2 299 11 11
Roles of this organisation :
TED eSender

11. Notice information

11.1 Notice information

Notice identifier/version : 8dd9fc33-cea5-400a-805c-82b3504070d2 - 01
Form type : Competition
Notice type : Contract or concession notice – standard regime
Notice dispatch date : 14/10/2024 15:19 +02:00
Languages in which this notice is officially available : English

11.2 Publication information

Notice publication number : 00624545-2024
OJ S issue number : 202/2024
Publication date : 16/10/2024