Call for tenders' details

Title:
Identifying market and regulatory obstacles to the development of private placem...
Contracting authority:
European Commission, DG Financial Stability, Financial Services and Capital Mark...
TED publication date:
31/05/2016
Time limit for receipt of tenders:
06/07/2016
Status:
Closed
Status
30/06/2016
01/07/2016
English (en)
Question details
Tender FISMA/2015/146(3)/C - Question
Dear Sir and Madam, could you please confirm that (i) a legal service firm and a separate business service firm shall be able to participate jointly in the tender and shall not be excluded and, if so, (ii) in order to comply with the German legal service act (Rechtsdienstleistungsgesetz), each service firm will be able to enter into a separate agreement with the EC for the legal part and the economic part, respectively (in contrast to the possible set-up mentioned in section 1.7 and 1.8 of the Tender Specifications)? Please note that under the aforementioned act, only a licensed firm is able to provide legal services in Germany and such service may not be subcontracted.
01/07/2016
Firstly, you are asking whether a legal service firm and a separate business service firm shall be able to participate jointly in the tender and shall not be excluded. On this point, Article 1.7 of the tender specifications allows “joint tender” and provides that “A joint tender is a situation where a tender is submitted by a group of economic operators (natural or legal persons)”. As a consequence and according to the tender specifications, a legal service firm and a separate business service firm shall be able to participate jointly in the tender. In such a case, it should be reminded that “All economic operators in a joint tender assume joint and several liability towards the contracting authority for the performance of the contract as a whole”, according to section 1.7(2) of the tender specifications. Secondly, you are asking if each service firm (e.g. a legal service firm and a business service firm) will be able to enter into a separate agreement with the EC for the legal part and the economic part, respectively. As mentioned in Article 1.6 of the tender specifications, this contract is not and therefore it cannot be divided into two different lots. Finally, it is not for the Commission to comment on the application of national laws, such as the German legal service act (“Rechtsdienstleistungsgesetz”). Nevertheless, in the context of this tender, it should be underlined that the contractor(s) will be asked to carry out a study, i.e. to provide the EC with an overview of the laws applying to private placements in general, without regard to their application in specific, concrete individual cases.