Call for tenders' details
Status
Submission date
11/04/2017
Answer date
11/04/2017
Language
Status
Answered
Question details
Subject
Lot 3. General Court representation.
Question
With respect to lot 3 Europol requires proven experience in EU General Court representation (2.6.3 under a.i). Furthermore, Europol requires experience of acting in at least 3 cases in the field of procurement before the General Court (including oral proceedings) (2.6.3 under b.ii). We are of the opinion that both requirements are disproportional; the required experience will not be necessary to perform under the contract properly. We are of the opinion that if an economic operator is able to act in cases in the field of procurement before any national court (or before the Court of Justice), it is expected to be able to do so as well before the General Court. We see no arguments for the opposite. Would you therefore please replace the requirements concerning experience in EU General Court representation for: - proven experience in EU General Court or Court of Justice representation (2.6.3 under a.i); and - experience of acting in at least 1 case in the field of procurement before the General Court or Court of Justice (including oral proceedings) (2.6.3 under b.ii)?
Answer
11/04/2017
The General Court has particular rules of procedure (translations, deadlines etc) and Europol has a specific legal framework with regard to the procurement (e.g. non-applicability of the public procurement directives)). We consider that the requirements are reasonable and proportionate given the scope of Lot 3, however we are prepared to amend them as follows: - proven experience in EU General Court or Court of Justice representation (2.6.3 under a.i); and - experience of acting in at least 3 cases in the field of procurement before the General Court or Court of Justice (including oral proceedings) (2.6.3 under b.ii)D2