FMS Wertmanagement AöR (‘FMS-WM’ or ‘contracting authority’) was founded in 2010 as the Federal government's winding-up institution for the nationalised Hypo Real Estate Holding AG (HRE Group) with the aim of taking over risk positions and non-strategic operations from the HRE Group and unwinding them. As a financially independent entity under public law, FMS-WM defines the best possible wind-up strategies in each case and implements them based on the following maxim: seize opportunities for generating income and minimise losses. FMS-WM has a demand for legal advice on the following areas of law in Ireland: — Corporate Law and Tax: (eg assessment of the rights and duties of Board members of an Irish company/corporate governance, interpretation of the articles of association, shareholder rights with respect to subsidiaries); this lot also includes advice in tax matters, in particular with regards to subjects which are related to the corporate matters; — Banking / Capital Markets Law / Legal advice on Covered Bond related matters (eg review, drafting and negotiation of finance documents; advice on cover bond related legal matters / transactions); — Contractual Law (eg drafting/interpretation of non-disclosure agreements, service agreements, purchase agreements; — Banking Regulatory Law: legal matters which arise due to the fact that DEPFA Bank plc and some of its subsidiaries are licensed banks regulated by the Central Bank of Ireland. To meet this demand, framework agreements for the provision of legal services in the abovementioned areas of law shall be concluded. In detail, FMS-WM intends to conclude framework agreements for the following lots: — Lot 1: Corporate Law and Tax (up to 2 framework agreements); — Lot 2: Banking / Capital Markets Law / Legal advice on Covered Bond related matters (up 2 framework agreements); — Lot 3: Contractual Law (up 2 framework agreements); — Lot 4: Banking Regulatory Law (up 2 framework agreements).
Deadline
Die Frist für den Eingang der Angebote war 2016-05-13.
Die Ausschreibung wurde veröffentlicht am 2016-04-15.
Anbieter
Die folgenden Lieferanten werden in Vergabeentscheidungen oder anderen Beschaffungsunterlagen erwähnt:
Auftragsbekanntmachung (2016-04-15) Objekt Umfang der Beschaffung
Titel: Rechtsberatung
Menge oder Umfang:
Entry into non-exclusive framework agreements concerning the provision of legal advisory services on different areas of law. Neither a minimum level of services to be purchased nor a maximum amount for revenues to be expected by the other party to the agreement will be fixed.
Entry into non-exclusive framework agreements concerning the provision of legal advisory services on different areas of law. Neither a minimum level of services to be purchased nor a maximum amount for revenues to be expected by the other party to the agreement will be fixed.
Metadaten der Bekanntmachung
Originalsprache: Englisch 🗣️
Dokumenttyp: Auftragsbekanntmachung
Art des Auftrags: Dienstleistungen
Verordnung: Europäische Union, mit GPA-Beteiligung
Gemeinsames Vokabular für öffentliche Aufträge (CPV)
Code: Rechtsberatung📦
Verfahren
Verfahrensart: Offenes Verfahren
Angebotsart: Angebot für ein oder mehrere Los(e)
Vergabekriterien
Wirtschaftlichstes Angebot
Öffentlicher Auftraggeber Identität
Land: Deutschland 🇩🇪
Art des öffentlichen Auftraggebers: Einrichtung des öffentlichen Rechts
Name des öffentlichen Auftraggebers: FMS Wertmanagement AöR
Postanschrift: Prinzregentenstr. 56
Postleitzahl: 80538
Postort: Munich
Kontakt
Internetadresse: http://www.fms-wm.de🌏
E-Mail: legal.irishlawtender@fms-wm.de📧
Telefon: +49 899547627530📞
Fax: +49 8995476277139 📠
1. The contract will be awarded according to German law. The services for which tenders are invited are subject to category 21 of Annex I Part B of VOF [German Procedures for the Award of Contracts for Independent Professional Services]. The award process will thus be based on section 97 para. 6 GWB [German Act Against Restraints on Competition], section 5 para. 1 sentence 1 no. 2 VgV [German Procurement Regulation], section 1 para. 3 sentence 1 VOF in conjunction with the sections referred to therein and with the general principles of public procurement law. The present document constitutes a voluntary notice. The contracting authority has opted for this course of action to facilitate a maximum degree of transparency and competition. The contracting authority shall not be subject to any provisions of public procurement law going beyond those indicated above.
2. When compiling the tender documents attention should be paid to the completeness of the records and to their well-arranged layout. Bidders are requested to use the numbers shown in the text of the notice and in the forms.
3. Questions regarding the requirements defined in this notice and the additional procurement documents should be sent promptly, no later, however, than by 29.4.2016, to the following e-mail address: [legal.irishlawtender@fms-wm.de The contracting authority reserves the right not to respond to questions received later than that. Questions received in due course will be collected and an anonymised question and answer catalogue will be sent out to all bidders as soon as possible. The questions and relevant answers will be incorporated into the procurement documents and render them more precisely, as applicable.
4. The bid shall be signed by hand and be submitted in writing to the address indicated in section I.1). Electronic transmission or transmission by fax shall be impermissible and result in exclusion. The bid is to be submitted prior to the final deadlines indicated in section IV.3.4). The postage risk of timely receipt lies with the bidder.
5. The bid is to be submitted complete with all pertinent records in a sealed envelope/parcel and be clearly labelled as follows:
‘Tender Documents in the Award Procedure
Advice in Irish Law (other than Employment Law)
Do not open before the tender period has expired!
Personally and unopened for the attention of Dr. Rüdiger Hansel’
If the bid is not labelled accordingly and if the envelope/the parcel is opened prior to the time limit for the receipt of tenders for this reason, this may lead to the bidder's exclusion from the procedure.
6. Bidders are requested to submit, in addition to the paper version with the bidder's signature by hand (original), a paper copy thereof as well as a CD-ROM / DVD with the scanned bid in the pdf format. If there are any differences and/or inconsistencies on points of substance between the documents, the original will always prevail.
7. Bidders who do not submit the declarations and documentary evidence requested herein together with the bid may be excluded from the procedure. The contracting authority reserves the right to subsequently request missing declarations and documentary evidence. The bidders have no claim to such subsequent request.
8. Only one bid per bidder will be permitted. Multiple bids will lead to being excluded from the award procedure.
9. No compensation will be granted for participation in this tender. Documents submitted will not be returned.
10. In the event that this notice or the other procurement documents contain any ambiguities or contradictions or if they violate applicable law in the bidder's view, the bidders shall report this to the contracting authority in textual form without delay.
11. Foreign bidders are expected to provide equivalent evidence and to make equivalent declarations. To the extent that pieces of evidence and declarations are not written in the English language, an ordinary translation into the English language should be attached.
1. The contract will be awarded according to German law. The services for which tenders are invited are subject to category 21 of Annex I Part B of VOF [German Procedures for the Award of Contracts for Independent Professional Services]. The award process will thus be based on section 97 para. 6 GWB [German Act Against Restraints on Competition], section 5 para. 1 sentence 1 no. 2 VgV [German Procurement Regulation], section 1 para. 3 sentence 1 VOF in conjunction with the sections referred to therein and with the general principles of public procurement law. The present document constitutes a voluntary notice. The contracting authority has opted for this course of action to facilitate a maximum degree of transparency and competition. The contracting authority shall not be subject to any provisions of public procurement law going beyond those indicated above.
2. When compiling the tender documents attention should be paid to the completeness of the records and to their well-arranged layout. Bidders are requested to use the numbers shown in the text of the notice and in the forms.
3. Questions regarding the requirements defined in this notice and the additional procurement documents should be sent promptly, no later, however, than by 29.4.2016, to the following e-mail address: [legal.irishlawtender@fms-wm.de The contracting authority reserves the right not to respond to questions received later than that. Questions received in due course will be collected and an anonymised question and answer catalogue will be sent out to all bidders as soon as possible. The questions and relevant answers will be incorporated into the procurement documents and render them more precisely, as applicable.
4. The bid shall be signed by hand and be submitted in writing to the address indicated in section I.1). Electronic transmission or transmission by fax shall be impermissible and result in exclusion. The bid is to be submitted prior to the final deadlines indicated in section IV.3.4). The postage risk of timely receipt lies with the bidder.
5. The bid is to be submitted complete with all pertinent records in a sealed envelope/parcel and be clearly labelled as follows:
‘Tender Documents in the Award Procedure
Advice in Irish Law (other than Employment Law)
Do not open before the tender period has expired!
Personally and unopened for the attention of Dr. Rüdiger Hansel’
If the bid is not labelled accordingly and if the envelope/the parcel is opened prior to the time limit for the receipt of tenders for this reason, this may lead to the bidder's exclusion from the procedure.
6. Bidders are requested to submit, in addition to the paper version with the bidder's signature by hand (original), a paper copy thereof as well as a CD-ROM / DVD with the scanned bid in the pdf format. If there are any differences and/or inconsistencies on points of substance between the documents, the original will always prevail.
7. Bidders who do not submit the declarations and documentary evidence requested herein together with the bid may be excluded from the procedure. The contracting authority reserves the right to subsequently request missing declarations and documentary evidence. The bidders have no claim to such subsequent request.
8. Only one bid per bidder will be permitted. Multiple bids will lead to being excluded from the award procedure.
9. No compensation will be granted for participation in this tender. Documents submitted will not be returned.
10. In the event that this notice or the other procurement documents contain any ambiguities or contradictions or if they violate applicable law in the bidder's view, the bidders shall report this to the contracting authority in textual form without delay.
11. Foreign bidders are expected to provide equivalent evidence and to make equivalent declarations. To the extent that pieces of evidence and declarations are not written in the English language, an ordinary translation into the English language should be attached.
Objekt Umfang der Beschaffung
Kurze Beschreibung:
FMS Wertmanagement AöR (‘FMS-WM’ or ‘contracting authority’) was founded in 2010 as the Federal government's winding-up institution for the nationalised Hypo Real Estate Holding AG (HRE Group) with the aim of taking over risk positions and non-strategic operations from the HRE Group and unwinding them.
FMS Wertmanagement AöR (‘FMS-WM’ or ‘contracting authority’) was founded in 2010 as the Federal government's winding-up institution for the nationalised Hypo Real Estate Holding AG (HRE Group) with the aim of taking over risk positions and non-strategic operations from the HRE Group and unwinding them.
As a financially independent entity under public law, FMS-WM defines the best possible wind-up strategies in each case and implements them based on the following maxim: seize opportunities for generating income and minimise losses.
FMS-WM has a demand for legal advice on the following areas of law in Ireland:
— Corporate Law and Tax: (eg assessment of the rights and duties of Board members of an Irish company/corporate governance, interpretation of the articles of association, shareholder rights with respect to subsidiaries); this lot also includes advice in tax matters, in particular with regards to subjects which are related to the corporate matters;
— Corporate Law and Tax: (eg assessment of the rights and duties of Board members of an Irish company/corporate governance, interpretation of the articles of association, shareholder rights with respect to subsidiaries); this lot also includes advice in tax matters, in particular with regards to subjects which are related to the corporate matters;
— Banking / Capital Markets Law / Legal advice on Covered Bond related matters (eg review, drafting and negotiation of finance documents; advice on cover bond related legal matters / transactions);
— Contractual Law (eg drafting/interpretation of non-disclosure agreements, service agreements, purchase agreements;
— Banking Regulatory Law: legal matters which arise due to the fact that DEPFA Bank plc and some of its subsidiaries are licensed banks regulated by the Central Bank of Ireland.
To meet this demand, framework agreements for the provision of legal services in the abovementioned areas of law shall be concluded. In detail, FMS-WM intends to conclude framework agreements for the following lots:
— Lot 1: Corporate Law and Tax (up to 2 framework agreements);
— Lot 2: Banking / Capital Markets Law / Legal advice on Covered Bond related matters (up 2 framework agreements);
— Lot 3: Contractual Law (up 2 framework agreements);
— Lot 4: Banking Regulatory Law (up 2 framework agreements).
Losnummer: 1
Bezeichnung des Loses: Corporate Law and Tax
Kurze Beschreibung:
Corporate Law and Tax: (e.g. assessment of the rights and duties of Board members of an Irish company/corporate governance, interpretation of the articles of association, shareholder rights with respect to subsidiaries); this lot also includes advice in tax matters, in particular with regards to subjects which are related to the corporate matters.
Corporate Law and Tax: (e.g. assessment of the rights and duties of Board members of an Irish company/corporate governance, interpretation of the articles of association, shareholder rights with respect to subsidiaries); this lot also includes advice in tax matters, in particular with regards to subjects which are related to the corporate matters.
Menge oder Umfang: Up to two (2) framework agreements.
Losnummer: 2
Bezeichnung des Loses: Banking / Capital Markets Law
Kurze Beschreibung:
Banking / Capital Markets Law / Legal advice on Covered Bond related matters (e.g. review, drafting and negotiation of finance documents; advice on cover bond related legal matters / transactions) including tax matters connected therewith.
Losnummer: 3
Bezeichnung des Loses: Contractual Law
Kurze Beschreibung:
Contractual Law (e.g. drafting/interpretation of non-disclosure agreements, service agreements, purchase agreements.
Losnummer: 4
Bezeichnung des Loses: Banking Regulatory Law
Kurze Beschreibung:
Banking Regulatory Law: legal matters which arise due to the fact that DEPFA Bank plc and some of its subsidiaries are licensed banks regulated by the Central Bank of Ireland.
Dauer: 72 Monate Ort der Leistung
Hauptstandort oder Erfüllungsort: Dublin, Ireland.
Rechtliche, wirtschaftliche, finanzielle und technische Informationen Bedingungen für die Teilnahme
Befähigung zur Berufsausübung:
General notes concerning the suitability assessment which will apply to all information to be provided pursuant to sections III.2.1) to III.2.3) of this notice:
The contract for which tenders are invited herein will be awarded to reliable (section III.2.1)), capable (section III.2.2)) and expert (section III.2.3)) bidders. Whether the criteria of reliability, capability and expertise are met will be verified on the basis of the declarations and documentary evidence requested below.
The contract for which tenders are invited herein will be awarded to reliable (section III.2.1)), capable (section III.2.2)) and expert (section III.2.3)) bidders. Whether the criteria of reliability, capability and expertise are met will be verified on the basis of the declarations and documentary evidence requested below.
For the purposes of the declarations and evidence referred to above bidders are requested to use the forms (hereinafter labelled ‘forms’) which will be made available by the contracting authority to prospective bidders at the contact address indicated in section I.1) of this notice.
For the purposes of the declarations and evidence referred to above bidders are requested to use the forms (hereinafter labelled ‘forms’) which will be made available by the contracting authority to prospective bidders at the contact address indicated in section I.1) of this notice.
The requested declarations and documentary evidence shall be submitted together with the bid. If necessary, additional information may be provided on separate pages conforming to the schematic layout of the relevant form. References to other contents in the tender documents or references to literature or brochures are no substitute for incomplete information on the forms.
The requested declarations and documentary evidence shall be submitted together with the bid. If necessary, additional information may be provided on separate pages conforming to the schematic layout of the relevant form. References to other contents in the tender documents or references to literature or brochures are no substitute for incomplete information on the forms.
To ensure that the deadline fixed for the submission of bids is met the requested declarations and pieces of evidence may also be submitted as copies without original signatures; however, in this case the original shall be submitted promptly thereafter. The contracting authority generally reserves the right to subsequently request, at short notice, such declarations and pieces of evidence as have not been submitted prior to the expiry of the tender period. This shall, expressly, also apply in the event that bids submitted are not duly made, including cases where details on forms are missing or contradictory.
To ensure that the deadline fixed for the submission of bids is met the requested declarations and pieces of evidence may also be submitted as copies without original signatures; however, in this case the original shall be submitted promptly thereafter. The contracting authority generally reserves the right to subsequently request, at short notice, such declarations and pieces of evidence as have not been submitted prior to the expiry of the tender period. This shall, expressly, also apply in the event that bids submitted are not duly made, including cases where details on forms are missing or contradictory.
Failure to submit the requested declarations and documentary evidence shall — subject to the contracting authority's decision on a subsequent request to be made at the contracting authority's sole discretion — result in the exclusion of the bid from the award procedure. The bidders are therefore requested to prepare their tender documents with particular care.
Failure to submit the requested declarations and documentary evidence shall — subject to the contracting authority's decision on a subsequent request to be made at the contracting authority's sole discretion — result in the exclusion of the bid from the award procedure. The bidders are therefore requested to prepare their tender documents with particular care.
The following declarations and documentary evidence shall be submitted — for each lot separately — together with the bid:
1. Self-declaration concerning the bidder (name, legal form, address, contact details, contact persons) including submission of an excerpt from the commercial register or similar document of the country where the bidder is domiciled (not older than six months, copy sufficient) (form).
1. Self-declaration concerning the bidder (name, legal form, address, contact details, contact persons) including submission of an excerpt from the commercial register or similar document of the country where the bidder is domiciled (not older than six months, copy sufficient) (form).
2. Self-declaration concerning reliability, by which it is affirmed that none of the reasons for exclusion defined in sec. 4 paragraphs 6 and 9 of the German Procedures for the Award of Contracts for Independent Professional Services [Vergabeordnung für freiberufliche Leistungen — VOF] exist (form).
2. Self-declaration concerning reliability, by which it is affirmed that none of the reasons for exclusion defined in sec. 4 paragraphs 6 and 9 of the German Procedures for the Award of Contracts for Independent Professional Services [Vergabeordnung für freiberufliche Leistungen — VOF] exist (form).
Wirtschaftliche und finanzielle Leistungsfähigkeit:
For each Lot (1-4).
3. Self-declaration concerning the existence of a business liability insurance policy with a minimum cover for financial losses of 50 000 000 EUR (form). Such insurance policy should have a term being at least equal to the term of the contract, e.g. indefinite term, term automatically extended or the like.
Wirtschaftliche und finanzielle Leistungsfähigkeit
3. Self-declaration concerning the existence of a business liability insurance policy with a minimum cover for financial losses of 50 000 000 EUR (form). Such insurance policy should have a term being at least equal to the term of the contract, e.g. indefinite term, term automatically extended or the like.
Mindeststandards:
For each lot (1-4):
Minimum requirement: If the bidder has no adequate liability insurance, the bidder has to affirm in its tender documents in a binding manner that it will take out an adequate insurance if the contract is awarded to it.
Technische und berufliche Fähigkeiten:
For each Lot (1-4):
4. Self-declaration concerning the average number of professionals employed in total and in the respective area of law (lot 1-4) in the fiscal years 2015, 2014 and 2013 (form).
Mindeststandards:
For each Lot (1-4):
The average number of professionals employed in the respective area of law (lot 1-4) in each of the fiscal years 2015, 2014 and 2013 shall be at least 4 in Ireland and in total at least 80 (in Ireland or worldwide).
Auftragsausführung
Die Ausführung der Dienstleistung ist einem besonderen Berufsstand vorbehalten: Admission as Solicitor in the Republic of Ireland.
Namen und berufliche Qualifikationen des Personals ✅
Verfahren
Laufzeit der Rahmenvereinbarung in Jahren: 6
Begründung für eine Laufzeit der Rahmenvereinbarung von mehr als vier Jahren:
Legal Services are not subject to Article 32 of Regulation 2004/18/EG, cf. Article 21 of Regulation 2004/18/EG.
Gültigkeitsdauer des Angebots: 72 Monate Sprachen
Sprache: Englisch 🗣️
Öffentlicher Auftraggeber Identität
Name des öffentlichen Auftraggebers: FMS Wertmanagement Service GmbH
Postanschrift: Freisinger Strasse 11
Postort: Unterschleissheim
Postleitzahl: 85716
Kontakt
Kontaktperson: Dr Rüdiger Hansel
Referenz Zusätzliche Informationen
1. The contract will be awarded according to German law. The services for which tenders are invited are subject to category 21 of Annex I Part B of VOF [German Procedures for the Award of Contracts for Independent Professional Services]. The award process will thus be based on section 97 para. 6 GWB [German Act Against Restraints on Competition], section 5 para. 1 sentence 1 no. 2 VgV [German Procurement Regulation], section 1 para. 3 sentence 1 VOF in conjunction with the sections referred to therein and with the general principles of public procurement law. The present document constitutes a voluntary notice. The contracting authority has opted for this course of action to facilitate a maximum degree of transparency and competition. The contracting authority shall not be subject to any provisions of public procurement law going beyond those indicated above.
1. The contract will be awarded according to German law. The services for which tenders are invited are subject to category 21 of Annex I Part B of VOF [German Procedures for the Award of Contracts for Independent Professional Services]. The award process will thus be based on section 97 para. 6 GWB [German Act Against Restraints on Competition], section 5 para. 1 sentence 1 no. 2 VgV [German Procurement Regulation], section 1 para. 3 sentence 1 VOF in conjunction with the sections referred to therein and with the general principles of public procurement law. The present document constitutes a voluntary notice. The contracting authority has opted for this course of action to facilitate a maximum degree of transparency and competition. The contracting authority shall not be subject to any provisions of public procurement law going beyond those indicated above.
2. When compiling the tender documents attention should be paid to the completeness of the records and to their well-arranged layout. Bidders are requested to use the numbers shown in the text of the notice and in the forms.
3. Questions regarding the requirements defined in this notice and the additional procurement documents should be sent promptly, no later, however, than by 29.4.2016, to the following e-mail address: [legal.irishlawtender@fms-wm.de The contracting authority reserves the right not to respond to questions received later than that. Questions received in due course will be collected and an anonymised question and answer catalogue will be sent out to all bidders as soon as possible. The questions and relevant answers will be incorporated into the procurement documents and render them more precisely, as applicable.
3. Questions regarding the requirements defined in this notice and the additional procurement documents should be sent promptly, no later, however, than by 29.4.2016, to the following e-mail address: [legal.irishlawtender@fms-wm.de The contracting authority reserves the right not to respond to questions received later than that. Questions received in due course will be collected and an anonymised question and answer catalogue will be sent out to all bidders as soon as possible. The questions and relevant answers will be incorporated into the procurement documents and render them more precisely, as applicable.
4. The bid shall be signed by hand and be submitted in writing to the address indicated in section I.1). Electronic transmission or transmission by fax shall be impermissible and result in exclusion. The bid is to be submitted prior to the final deadlines indicated in section IV.3.4). The postage risk of timely receipt lies with the bidder.
4. The bid shall be signed by hand and be submitted in writing to the address indicated in section I.1). Electronic transmission or transmission by fax shall be impermissible and result in exclusion. The bid is to be submitted prior to the final deadlines indicated in section IV.3.4). The postage risk of timely receipt lies with the bidder.
5. The bid is to be submitted complete with all pertinent records in a sealed envelope/parcel and be clearly labelled as follows:
‘Tender Documents in the Award Procedure
Advice in Irish Law (other than Employment Law)
Do not open before the tender period has expired!
Personally and unopened for the attention of Dr. Rüdiger Hansel’
If the bid is not labelled accordingly and if the envelope/the parcel is opened prior to the time limit for the receipt of tenders for this reason, this may lead to the bidder's exclusion from the procedure.
6. Bidders are requested to submit, in addition to the paper version with the bidder's signature by hand (original), a paper copy thereof as well as a CD-ROM / DVD with the scanned bid in the pdf format. If there are any differences and/or inconsistencies on points of substance between the documents, the original will always prevail.
6. Bidders are requested to submit, in addition to the paper version with the bidder's signature by hand (original), a paper copy thereof as well as a CD-ROM / DVD with the scanned bid in the pdf format. If there are any differences and/or inconsistencies on points of substance between the documents, the original will always prevail.
7. Bidders who do not submit the declarations and documentary evidence requested herein together with the bid may be excluded from the procedure. The contracting authority reserves the right to subsequently request missing declarations and documentary evidence. The bidders have no claim to such subsequent request.
7. Bidders who do not submit the declarations and documentary evidence requested herein together with the bid may be excluded from the procedure. The contracting authority reserves the right to subsequently request missing declarations and documentary evidence. The bidders have no claim to such subsequent request.
8. Only one bid per bidder will be permitted. Multiple bids will lead to being excluded from the award procedure.
9. No compensation will be granted for participation in this tender. Documents submitted will not be returned.
10. In the event that this notice or the other procurement documents contain any ambiguities or contradictions or if they violate applicable law in the bidder's view, the bidders shall report this to the contracting authority in textual form without delay.
10. In the event that this notice or the other procurement documents contain any ambiguities or contradictions or if they violate applicable law in the bidder's view, the bidders shall report this to the contracting authority in textual form without delay.
11. Foreign bidders are expected to provide equivalent evidence and to make equivalent declarations. To the extent that pieces of evidence and declarations are not written in the English language, an ordinary translation into the English language should be attached.
11. Foreign bidders are expected to provide equivalent evidence and to make equivalent declarations. To the extent that pieces of evidence and declarations are not written in the English language, an ordinary translation into the English language should be attached.