Negotiated procedure for a middle value contract: Provision of legal services to the EU Agency for Fundamental Rights (FRA) related to the selection and rental of its new premises

The purpose of this framework contract is the provision of legal services to assist FRA during the process for the selection of its new premises in Vienna as well as during the negotiations of the ensuing lease agreement or rental contract. In particular, the Agency would like to receive advice regarding the rental agreement terms as proposed by the building owner, also ensuring compliance with ensuring compliance with the environmental requirements and applicable Austrian law.

The services falling under the scope of this contract which can be requested from the contractor include, but are not limited to:

• Legal services and advice during the negotiated procedure, including the evaluation of the offers received in response of the prospection of the market;
• Legal services and advice for the conclusion and signature of the lease agreement or rental contract for the new premises;
• Any other assistance concerning the finalisation and signature of the intended lease contract for the premises;
• Legal services and advice on other real estate matters, including in relation to the termination of the current lease agreement and to the relocation to the new premises.

Selection criteria

Candidates will be required to provide evidence that they possess the minimum economic and financial capacity and the professional capacity to perform the contract:

a) Legal and regulatory capacity
Candidates must prove that they have legal capacity to perform the contract and the regulatory capacity to pursue the professional activity necessary to carry out the services subject to this negotiated procedure for a middle value contract.

b) Economic and financial capacity
Candidates are requested to provide evidence of a professional liability insurance for a minimum coverage of EUR 400,000 for each insured event, in the case of Rechtsanwalts GmbH for a coverage of EUR 2,400,000 by submitting a copy of the insurance policy.

c) Evidence of professional capacity
Candidates must comply with the following selection criteria in order to prove that they have the necessary technical and professional capacity to perform the contract.

• Evidence of having completed at least two (2) similar or comparable projects for public or private clients in the last five (5) years preceding the tender submission deadline.

Candidates will be required to propose the CV of at least one professional to carry out the tasks described above meeting the following minimum educational and professional qualifications:

• A degree in law recognised in one of the EU member states or equivalent qualification;
• Proof of being authorised to provide the requested legal services in Austria;
• At least 4 years of experience in real state law in Austria, including the negotiation of rental agreements similar or comparable to the one under this contract;
• Proficiency in English (level B2 according to the Common European Framework of Reference for Languages).

No documents proving the fulfilment of these criteria are requested at this stage.

Participation in this negotiated procedure for a middle value contract is open to natural and legal persons falling within the scope of the EU Treaties (this includes all economic operators established in the European Union), and to all natural and legal persons established in a third country which has a special agreement with the Union in the field of public procurement on the conditions laid down in that agreement. FRA is not part of the Agreement on Government Procurement (GPA) concluded within the World Trade Organisation. Therefore, the procurement procedure is not open to candidates from GPA countries.

If you would like to participate in this negotiated procedure, please register your interest by e-mail to procurement@fra.europa.eu, including your contact details (name, organisation, address, country and e-mail) not later than 15/09/2021 (17:00 CEST [GMT +02:00]).

Please note that registration of interest to participate in the above-mentioned procedure does not give rise to any legitimate expectations to be invited.