Call for tenders' details

Legal Advice for Intellectual Property Rights
Contracting authority:
European Commission, Joint Research Centre - Brussels (JRC-BRU)
TED publication date:
Time limit for receipt of tenders:
English (en)
Question details
Legal and regulatory capacity
Whereas pursuant certain EU member states’ laws (e.g. Italy) it is not mandatory for associations of professionals (e.g. law firms) to be enrolled in any trade or professional register and it is not mandatory to be authorized by any national office for the performance of the contract in its country due to the fact that such an association is authorized by the national law per se, would it be sufficient to fulfill the admissibility requirements of Legal and regulatory capacity at point 3.2.1 (no. 1, 2 and 3) of the tender specification Part 1 (“Proof of enrolment in a relevant trade or professional register”, “Proof of authorization that the tenderer is authorized to perform the contract in its country” “Proof the tenderer is a member of a specific professional organization”) for a sub-contractor to submit the statute and by-laws of the professional association?
The tenderer has to provide the evidence required at section 3.2.1. of the Administrative Annex if the national legislation imposes to obtain the respective evidence in order to have the legal and regulatory capacity to execute the services foreseen in the contract. The tenderer shall explain in the offer, with reference to the national legislation, why a certain evidence specified in the Administrative Annex is not required to demonstrate the legal and regulatory capacity.