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I.1) Name, addresses and contact point(s):

European Investment Bank, attention: Mrs Klaudia Berger, Procurement and Purchasing Division, 98–100, boulevard Konrad Adenauer, 2950Luxembourg, LUXEMBOURG. Tel. +352 4379-1. Fax +352 437704. E-mail: occo-procurement@eib.org

I.2) Type of the contracting authority and main activity or activities:

European institution/agency or international organisation.
The contracting authority is purchasing on behalf of other contracting authorities: no.

II.1) Description

II.1.1) Title attributed to the contract by the contracting authority:

Consultancy services in support of EU programmes on energy efficiency.

II.1.2) Type of contract and location of works, place of delivery or of performance:

Services.
Service category: No 12.
Main place of performance: Hungary, Poland, Romania, Slovakia.

II.1.3) The notice involves:

The establishment of a framework agreement.

II.1.4) Information on framework agreement:

Framework agreement with a single operator.
Duration of the framework agreement: Duration in year(s): up to 4 years.
Estimated total value of purchases for the entire duration of the framework agreement:
Up to 6 000 000 EUR.

II.1.5) Short description of the contract or purchase(s):

The European Investment Bank (EIB) plans to enter into a consultancy framework agreement with a single service provider for the support of financial intermediaries (FIs) and final beneficiaries (FBs) during the implementation and operation of EU programmes on energy efficiency (EE). The programmes combine grants provided by the EC with EIB credit lines. They aim at promoting the implementation of EE projects in the EU and EU candidate countries. The European Commission (EC) and the EIB are now in the process of establishing a new programme called 'Green initiative' (GI), under a wider initiative called 'SME finance facility'. The country coverage for the GI will initially include, but is not limited to, the following EU countries: Hungary, Poland, Romania and Slovakia.
The EIB will set up so-called projects under each programme. A project means a separate agreement with a local bank, which plays the role of an FI, through which the funds from EC and EIB are channelled to the FB. The non-refundable financing provided by the EC is used as administration fee for the FI, investment incentives for the FB, and technical assistance provided to both FI and FB by a service provider. The individual schemes to be financed under each project are called sub-projects.
The role of the service provider will be to assist the EIB and support the FIs and FBs in the implementation and operation of the GI, as well as other similar programmes to be managed by the EIB during the period 2012–2016, in eligible countries.
The service provider may be asked to deliver the following types of tasks (non-exhaustive list):
— marketing activities in support of the GI,
— training to FIs, in particular aiming at improving appraisal skills of teams evaluating EE sub-projects,
— sub-project pipeline screening — ongoing assistance to FIs leading to identification of sub-projects eligible under GI,
— sub-project applications — a comprehensive document verifying the eligibility of a sub-project to be financed under GI,
— sub-project verifications — a comprehensive document confirming 'ex post' the eligibility of a sub-project to be financed under GI,
— energy audits,
— building energy performance certificates.
NB: In order to take part in this invitation to tender, interested parties should send their complete submission according to the requirements as set out under Section III to the address in point I.1, respecting the conditions to apply indicated in point V.1.3 of the present contract notice.

II.1.6) Common procurement vocabulary (CPV):

71314000, 71314300, 71318000, 71313000.

II.1.7) Contract covered by the Government Procurement Agreement (GPA):

Yes.

II.1.8) Division into lots:

No.

II.1.9) Variants will be accepted:

No.

II.2) Quantity or scope of the contract

II.2.2) Options:

No.

III.1) Conditions relating to the contract

III.1.2) Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them:

Depending on the type of assignment under the framework contract, payment for each assignment will be made either on a lump sum basis or on a times & material basis. In consideration for performing an assignment, the service provider shall be paid at the rates set out in the framework agreement (daily rates per category of expert, based on the offers of the tenderers).
Further details about terms of payment will be included in the terms of reference.

III.1.3) Legal form to be taken by the grouping of economic operators to whom the contract is to be awarded:

Should a consortium (grouping) be awarded the contract, the EIB may require that it adopts a legal form prior to contract signature. All members of the consortium will be jointly and severally liable for performance of the contract. The grouping will be represented by 1 tenderer who will act as its sole spokesperson.
Tenderers must obtain all relevant licences needed to perform the services described before the assignment commences and must, throughout the entire assignment period, comply with all laws and provisions in force.
Tenders from a consortium must specify the role, qualifications and experience of each member of the consortium. Each member must provide all the necessary documents for assessing the tender as a whole with regard to the exclusion criteria.

III.1.4) Other particular conditions to which the performance of the contract is subject:

No.

III.2) Conditions for participation

III.2.1) Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers:

Tenderers will be excluded from this invitation to tender procedure if any of the exclusion criteria stipulated under Article 45 of Council Directive 2004/18/EC of 31.3.2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, apply to them, namely:
a. they are bankrupt or are being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, or are in any analogous situation arising from a similar procedure provided for in national laws or regulations;
b. they are the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;
c. they have been convicted by a judgment which has the force of 'res judicata' in accordance with the legal provisions of the country of any offence concerning their professional conduct;
d. they have been guilty of grave professional misconduct proven by any means which the contracting authorities can demonstrate;
e. they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or those of the country of the contracting authority;
f. they have been the subject of a conviction by final judgment of which the contracting authority is aware for one or more of the reasons listed below:
(i) participation in a criminal organisation, as defined in Article 2(1) of Council Joint Action 98/733/JHA (20);
(ii) corruption, as defined in Article 3 of the Council Act of 26.5.1997 (21) and Article 3(1) of Council Joint Action 98/742/JHA (22) respectively;
(iii) fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities (23);
(iv) money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10.6.1991 on prevention of the use of the financial system for the purpose of money laundering (24);
g. they are guilty of serious misrepresentation in supplying the information required by the contracting authority for participation in this call for tenders or have not provided such information.
Tenderers must show that they are not in one or more of the situations listed above by providing the following evidence in relation to items mentioned above:
(a) in relation to items (a), (b), (c) and (f) above, relevant extract(s) from the judicial record or, failing that, equivalent documentation issued by a competent judicial or administrative authority in the country where they are established. The extract(s) or equivalent documentation must be the most recent available. Depending on the national legislation of the country in which they are established, these documents must relate to entities with legal personality and/or natural persons; in the latter case, they must relate to the person(s) empowered to represent the tenderer and sign the framework contract if the tender is successful;
(b) in relation to item (e) above, the most recent certificates issued by the competent social security and tax authorities of the country where they are established. Where no such certificate is issued in that country, this can be replaced by a declaration on oath or solemn statement made before a competent judicial or administrative authority, a notary or a competent professional or trade body in that country. The declaration or statement provided must be dated less than 4 months before the final date for submission of tenders. Depending on the national legislation of the country in which they are established, these documents must relate to entities with legal personality and/or natural persons; in the latter case, they shall relate to the person(s) empowered to represent the tenderer and sign the contract if the tender is successful;
(c) in relation to items (d) and (g) above, a solemn declaration stating that the tenderer is not guilty of professional misconduct, and is supplying all the information required under this call for tenders in good faith and without misrepresentation. This solemn declaration should be signed by the person(s) empowered to represent the tenderer and sign the contract if the tender is selected and dated less than 4 months before the final date for submission of tenders.

III.2.2) Economic and financial capacity:

Economic and financial capacities: the following documents have to be submitted by the candidates:
1) declarations should be provided by the candidate (company/consortia) indicating in euros for the last 3 financial years:
a) the total annual turnover of the company/consortium;
b) the total annual turnover associated with the type of services covered by this tender.
Audited balance sheets and profit and loss accounts for the last 3 financial years or other supporting documents shall be provided as proof of the annual turnover.
For consortia: this information should be provided for the leading firm as well as for each member of the envisaged consortium.
Model for the submission of the requests to participate:
The candidates shall submit in 1 single page the information related to its qualifications for criteria 1(a) and 1(b).
In annex, it will submit all supporting documents requested in this Section III.2.2.
Minimum level(s) of standards required:
1(a) average total annual turnover of the company/consortium should be more than 1 500 000 EUR per year over the last 3 years;
1(b) average annual turnover of the company/consortium associated with the type of services for which the company/consortium is tendering, should be more than 1 000 000 EUR per year over the last 3 years.

III.2.3) Technical capacity:

The technical capacity will be reviewed on the basis of evidence in support of the following specific requirements:
1) description of the company/consortium profile, expertise and experience;
2) description of the candidate's internal structure and capacity to provide the type of resources required for the performance of the contract.
Model for the submission of the requests to participate:
The service provider shall submit in a maximum of 10 pages the information related to its qualifications for criteria 1(a) to 2(c).
Minimum level of qualifications required:
1(a) The company profile and expertise are well aligned with the objectives of the proposed contract, notably with relevant, ongoing and up-to-date experience in the tasks/sectors and the countries mentioned in this contract notice.
1(b) The candidate must demonstrate appropriate experience with at least 5 relevant references in the last 3 years (from 2009 up to the deadline for the receipt of the applications). Previous and/or ongoing relevant experience with other international financial institutions would be an advantage.
Relevant tasks/sectors are:
(a) evaluation of energy efficiency projects in buildings or industry (including: financial, economical, technical, environmental, social or procurement aspects);
(b) carrying out energy audits or energy performance certificates for energy efficiency projects in buildings or industry;
(c) delivering marketing or training services on energy efficiency issues. Details about scope, client, date undertaken, project location, budget and the proportion carried out by the service provider should be included.
2(a) The candidate is able to provide experts with local expertise, capable of covering all the relevant tasks/sectors mentioned in this contract notice, available on a permanent basis in all of the eligible countries (Hungary, Poland, Romania and Slovakia).
2(b) The candidate should demonstrate the capacity to provide experts with the following profile:
— a team leader fluent in English, having at least 15 years' relevant professional experience and skilled to provide overall quality control. The team leader shall have a proven record in managing or leading contracts of similar scale and complexity (at least 3 projects),
— at least 1 key expert per eligible country (Hungary, Poland, Romania and Slovakia) having the following profile:
• engineering degree in relevant discipline,
• excellent command of English and the local language,
• at least 10 years of experience with energy efficiency projects, including at least 2 years in the eligible country,
• familiarity with software tools used for the analysis of energy efficiency projects,
• knowledge of energy efficiency technologies and markets,
• required authorisations and experience in carrying out energy audits and/or energy performance certificates (at least 5 energy audits and/or energy performance certificates),
— other experts having a minimum of 5 years of relevant and ongoing experience in the relevant sectors and being fluent in English.
2(c) The candidate should demonstrate the capacity to provide reserve list experts for the relevant tasks in the relevant sectors.

III.2.4) Reserved contracts:

No.

III.3) Conditions specific to services contracts

III.3.1) Execution of the service is reserved to a particular profession:

No.

III.3.2) Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service:

Yes.

IV.1) Type of procedure

IV.1.1) Type of procedure:

Restricted.

IV.1.2) Limitations on the number of operators who will be invited to tender or to participate:

Envisaged number of operators who will be invited to tender: 5–8.
Objective criteria for choosing the limited number of candidates: see Section III.
Candidates meeting the minimum required levels of economic and financial capacity will be ranked according to their score against the technical criteria based on their submission related to point III 2.3:
— 50 %: company/consortium profile, expertise and experience distributed as follows:
— company profile and expertise: 20 %,
— relevant experience: 30 %,
— 50 %: internal structure and capacity to provide the type of resources required for the performance of the contract:
— team leader: 10 %,
— key experts: 32 %,
— reserve list experts: 8 %.
The candidates scoring above 70 % in total will be invited to tender. Should more than 8 candidates score more than 70 %, only the best 8 companies will be invited to tender for the framework contract.

IV.2) Award criteria

IV.2.1) Award criteria:

The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document.

IV.2.2) An electronic auction will be used:

No.

IV.3) Administrative information

IV.3.1) File reference number attributed by the contracting authority:

KB –999.

IV.3.2) Previous publication(s) concerning the same contract:

No.

IV.3.3) Conditions for obtaining specifications and additional documents or descriptive document:

Payable documents: no.

IV.3.4) Time limit for receipt of tenders or requests to participate:

23.2.2012 (23:59).

IV.3.6) Language(s) in which tenders or requests to participate may be drawn up:

English.

IV.3.7) Minimum time-frame during which the tenderer must maintain the tender:

Duration in days: 180 (from the date stated for receipt of tender).

IV.3.8) Conditions for opening tenders:

Place: European Investment Bank Headquarters, Luxembourg.
Persons authorised to be present at the opening of tenders: no.

VI.1) This is a recurrent procurement:

No.

VI.2) Contract related to a project and/or programme financed by EU funds:

Yes.
European Commission ('EC') facility called 'Green initiative' ('GI' or 'GI facility') under a wider initiative called 'SME finance facility energy efficiency window'.

VI.3) Additional information:

The complete application must be delivered by post to the contact point mentioned in point I.1 or handed in by messenger/courier/personally to the reception desk (open 7/7 days, 24/24 hours) at the contact point mentioned in point I.1 of this contract notice, clearly marked with the EIB reference number (KB-999).
In addition an electronic version of the complete application, ideally in PDF, should be made available either on an electronic media (free choice) submitted with the application, or by e-mail to the address indicated in point I.1, at the latest 2 days after the time limit to request to participate.

VI.4) Procedures for appeal

VI.4.1) Body responsible for appeal procedures:

General Court of the European Union, rue du Fort Niedergrünewald, 2925 Luxembourg, LUXEMBOURG. Tel. +352 4303-1. Fax +352 4303-2100. E-mail: generalcourt.registry@curia.europa.eu cfi.registry@curia.europa.eu Internet: http://curia.europa.eu

VI.4.2) Lodging of appeals:

Precise information on deadline(s) for lodging appeals:
Within 2 months of the plaintiff's being notified or, failing this, of the day on which it came to his knowledge.

VI.5) Date of dispatch of this notice:

16.1.2012.