2. Application procedure:
The objective of this call for expressions of interest is to set up a list of pre-selected candidates.Expressions of interest should be submitted in one of the official languages of the European Union by post to the address indicated at point 1.Inclusion on the list entails no obligation on the part of the contracting authority concerning the conclusion of contracts.
3. Information and documents to be provided:
Interested parties should provide their full contact details and list the specific fields indicated at point 8 that interest them in their expression of interest.The supporting evidence to be provided for the evaluation of the selection criteria is indicated at point 12.Candidate entities shall provide a declaration on their honour, stating that they are not in one of the situations of exclusion listed at point 11. It is to be duly signed and dated by an authorised representative. In case of doubt, they may be requested to provide supporting evidence of non-exclusion.To ensure that all the necessary information is submitted, candidate entities are invited to consult the Administrative and Technical Annex and fill in the standard reply form that can be downloaded on OHIM's website at: https://oami.europa.eu/ohimportal/en/public-procurement
4. General description of the procedure:
Interested parties are invited to submit an expression of interest in accordance with the rules set out in this notice.The contracting authority will draw up a list of pre-selected candidates who meet the criteria set out at point 11. This list comprises sub-lists, corresponding to each of the fields described at point 8.Where a contract relating to the field described at point 8 is to be concluded, the contracting authority will invite all the candidate entities on the relevant sub-list(s) to submit a tender. The contracting authority will send these candidate entities the tender specifications relating to the contract in question.
5. Protection of personal data:
Personal data gathered for the purpose of the present procedure shall be processed pursuant to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18.12.2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.Said data will be processed only for the purpose of evaluating the tenders on the basis of the specifications of the invitation to tender. The tenderer may, upon request, obtain the communication of his personal data and rectify any inaccurate or incomplete data. Any request to that effect shall be addressed to the data controller responsible for the call (firstname.lastname@example.org
). The tenderer also has a right of recourse at any time to the European Data Protection Supervisor pursuant to Regulation (EC) No 45/2001.
6. Use of the list resulting from this notice:
The list resulting from this notice will be used exclusively for public procurement contracts of the following types:— service contracts below 134 000 EUR per year per sub-list (as of point 8), including low-value contracts.
7. Place of delivery:
Alicante (Spain).Code NUTS: ES521.
8. Full description of the fields covered by the call for expressions of interest:
The Office for Harmonization in the Internal Market (Trade Marks and Designs) (hereafter the OHIM) is issuing a call for expression of interest in order to set up a list of public and private academic institutions and public research institutes to provide independent, scientific and specialised studies for the Office, in particular the Observatory on Infringements of Intellectual Property Rights (hereafter the Observatory) in the fields covered by the Observatory Regulation (Regulation (EU) No 386/2012 of the European Parliament and of the Council) http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:129:0001...
further information on the activities of the Observatory, please consult the official homepage: https://oami.europa.eu/ohimportal/en/web/observatory/homeThis
call is exclusively addressed to both public and private academic institutions and public research institutes with specialised knowledge and proven expertise in issues related to intellectual property rights.Contractors will be requested to perform studies, peer reviews and quality checks of studies in 1 or more of the following areas of competence of the Observatory:a) economic relevance and value of intellectual property;b) scope and impact of intellectual property infringements on society and the economy, including assessments of the effects on SMEs as well as on health, the environment, employment, safety and security;c) data analysis to monitor trends and identify new developments in intellectual property infringements;d) pedagogical and communication material development for specific target groups (e.g. schools, youngsters, SMEs);e) market research activities to assess perceptions and behaviour of specific audiences;f) public sector and private sector best practices to protect intellectual property;g) technical solutions to prevent and tackle intellectual property infringements;h) availability and impact of business models which enlarge the legal offer of cultural and creative content;i) case law and jurisprudential trends in the area of intellectual property enforcement;j) legislative developments concerning intellectual property enforcement;k) legal analysis of actions/practices as to whether they constitute infringement of IP rights under EU or relevant national laws;l) analysis of the interrelation between IP law and fundamental rights;m) analysis of the interaction between IP law and data protection/privacy legislation;n) availability and impact of business models which create/enlarge non-legal offers.Additional information may be found in the Administrative and Technical Annex that can be downloaded on OHIM's website at: https://oami.europa.eu/ohimportal/en/public-procurement
10. Expiry date of the list resulting from this call for expressions of interest:
The list resulting from this notice is valid for 3 years from dispatch of this notice. Interested parties may submit an application at any time prior to the last 3 months of validity of the list.
11. Exclusion criteria:
Candidate entities shall be excluded from this call for expressions of interest where:a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;b) they or persons having powers of representation, decision-making or control over them have been convicted of an offence concerning their professional conduct by a judgment of a competent authority of a Member State which has the force of ‘res judicata’;c) they have been guilty of grave professional misconduct proven by any means which the contracting authorities can justify including by decisions of the European Investment Bank and international organisations;d) they are not in compliance with their 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 with those of the country of the contracting authority or those of the country where the contract is to be performed;e) they or persons having powers of representation, decision-making or control over them have been the subject of a judgment which has the force of ‘res judicata’ for fraud, corruption, involvement in a criminal organisation, money laundering or any other illegal activity, where such illegal activity is detrimental to the Union's financial interests;f) they are currently subject to an administrative penalty referred to in Article 109(1) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25.10.2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002;g) they are subject to a conflict of interests;h) they are guilty of misrepresenting the information required by the contracting authority as a condition of participation in the procurement procedure or fail to supply that information.
12. Selection criteria:
Candidate entities will be selected if they can prove that they have sufficient economic and financial capacity, on the one hand, and sufficient technical and professional capacity, on the other hand.a) Criteria relating to financial and economic capacity:— certified financial statements and audit reports for the last 3 financial years for which accounts have been closed, or equivalent documentation (e.g. where company law in the country in which the tenderer is established does not require publication of a balance sheet) (Annex 6 of the SRF).b) Criteria relating to technical and professional capacity:Candidate entities will be selected on the basis of their proven experience and technical ability to perform the studies. In order to be placed on the list by the OHIM, applicants shall:— have at least 3 years' experience in producing studies in English in 1 or more of the areas mentioned under Section 8, together with a faculty with proven research experience in these areas,— not being subject to conflicting interests that may impair their objectivity in the performance of the tasks.In addition, at least 1 of the following skills and competences will need to be proved:— experience in dealing with national and EU policymakers,— have access to a broad range of experts and networks, in particular from different countries,— experience in dealing with private sector and civil society representative organisations.In order to assess these criteria, candidate entities shall submit:— a list of detailed CVs of individuals proposed for the performance of future contracts (Annex 5 of the standard reply form). This list should be valid at the date of submission, although it may be completed at a later stage by the candidate entity. This list must give an indication of the contractual link between the candidate entity and the proposed individuals,— a list of all projects similar to the scope of the present call performed in the last 5 years, indicating the dates and subject matters, and making a distinction between contracts awarded by public bodies and private institutions.The OHIM reserves the right to assess, at any stage during the period of validity of the list and especially during the procedures leading to the award of contracts, if a candidate entity still complies with the abovementioned exclusion and/or selection criteria, and to request the related documentation and information for that purpose.
13. Additional information:
Expressions of interest must quote the reference number for this notice (point 9) and the information and documentation requested at points 11 and 12 must be included. Other information and documentation to be provided are listed in the standard reply form that candidate entities are invited to download on OHIM's website at: https://oami.europa.eu/ohimportal/en/public-procurementPotential
candidate entities are advised to send their application as soon as possible following the publication of this call for expressions of interest.Expressions of interest must be submitted either by registered post, by courier service or by hand at the address stated in point 1, addressed to the contact point as stated. Expressions of interest may be delivered to the Office by hand during the Office's opening hours, namely from 9:30 to 13:00 and from 15:00 to 17:00.The expression of interest shall be submitted in duplicate. An electronic version of the documents on CD-ROM would be desirable.Questions regarding this call for expressions of interest may be submitted in writing only, to the e-mail address indicated under point 1. Questions may be sent at any time during the period of validity of this call as specified in point 10, with the exception of the 3 months preceding the end of such period.The answers to questions and any modification to this call for expressions of interest will be made available electronically on OHIM's website in the following webpage: https://oami.europa.eu/ohimportal/en/public-procurementPlease
note that it is the responsibility of the pre-selected candidate entities to inform OHIM immediately of any changes to their administrative, technical or financial details which would result in a change to their original application.