Multiple Framework Contract in Cascade for the Provision of Legal/Consultancy Services

Item Description:

Frontex was established by Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard (OJ L 251, 16.9.2016, p. 1). Frontex promotes, coordinates and develops European border management in line with the EU fundamental rights charter and the concept of Integrated Border Management.

Contract Type and Place of Performance

This procurement procedure aims to conclude a multiple FWC in cascade for the provision of legal/consultancy services to Frontex. Any tasks carried out by a contractor under an Order Form shall in principle be performed “Extra muros” at the Contractor’s premises. All meetings should take place: (i) at Frontex’s headquarters located in Warsaw, Poland; (ii) by remote videoconference sessions; or (iii) by conference call.

The subject of the contract is the provision of legal/consultancy services, as described in the terms of reference (Annex II to the Invitation to Tender). The scope of the tender is divided into following lots:1) Polish law (law firms);2) EU law matters – Procurement law (law firms);3) Advice to comply with Polish building rules, regulations and procedures (law firms or consultancy services);4) HR advice (law firms or consultancy services);5) Exceptional operational matters — related to pioneering concepts on border management (law firms or consultancy services).

Description of Lots

Lots 1 and 2 are open to law firms only2 . Lots 3, 4, and 5 are open to law firms and consultancy service providers.

Lot 1. Polish law (law firms)

Frontex requires advice on matters where Polish law is the governing law of a contract, for instance, in debt actions. Conversely, where Polish law is not the governing law of a contractual arrangement e.g. in staff matters. In that case advice may be needed on the constitutional limits of Polish law and where EU law, for example prevails. Further examples, are non-contractual liability.

Lot 2. EU law on public procurement (law firms)

Frontex procures services and goods worth many millions of EUR every year. However, some procurement procedures may be very involved, complex and of key political importance. For example, Article 38 of the European Border and Coast Guard Regulation3 provides that the Agency may acquire, either on its own or as a co-owner with a MS, or lease technical equipment to be deployed during operational activities. Of particular note is ‘major technical equipment’. These may be very expensive and complex assets. It is vital that the procurement of such assets is achieved with maximum efficiency.

Lot 3. Advice to comply with Polish building rules, regulations and procedures

In accordance with the Frontex Headquarters Agreement, the Republic of Poland transferred to the Agency the ownership of a plot of land on Racławicka Street 132b for the establishment of the headquarters of the Agency. The Agency will plan, design and construct, at its own cost, its headquarters building(s) on this land area in accordance with Polish law and regulations. In addition other property development projects are planned in the frame of the Agency’s new regulations i.e. EBCG 2.0 and ETIAS.

During the entire process, (from planning to construction) Frontex will likely require ad hoc advice from experts in a number of different areas of Polish building and property regulatory context. For the plot for instance on (i) zoning and land use obligations; (ii) establishment or, potentially, removal of a servitude on the land the HQ building is built on (a servitude is the right to use the land for a specific purpose e.g., an access road); (iii) or on environmental matters – such as environmental regulation on soil contamination and vegetation removal and provisions of the environmental permit assessing applicable parameters such as noise and vehicle pollution, etc.

For the other property projects there can be a need of assessing the legal property status of the real estate and describing the requirements and formalities to fulfill to obtain the desired permits (training facilities, warehousing, research facilities).

The Contractor does not necessarily need to be a qualified lawyer4 (although tenders from law firms are also welcome) but needs to be an expert on compliance with Polish technical regulations, in all these areas.

Lot 4. HR advice (law firms or consultancy services)

Frontex also requires advice on matters related to Human Resources (‘HR’). The mandate of the Agency will change in 2019. In addition to the staff currently engaged (over 700 – the number of which will continue to increase) Frontex is projected to engage 3000 Category 1 staff under the EBCG standing corps by 2027, in order to meet the demands included in the Agency’s new mandate. These staff will be governed by the SR. Frontex has different types of staff e.g. Liaison Officers in third countries and staff members holding independent functions (where the appointing authority is its Management Board). Specific advice is needed on a variety of related subjects. With the new mandate, the need of reassessing HR legal framework for alignment with EBCG 2.0 needs will arise, also in the light of possible derogations to the implementing rules to the SR and possible necessity of developing “home grown” rules under art. 110(2) of the SR.

Following the reassessment of the legal framework in view of EBCG 2.0, also the HR processes will need specific adaptations.

The Contractor does not necessarily need to be an entity composed of qualified lawyers (although tenders from law firms are also welcome) but needs to be an entity composed of experts on the SR, related caselaw and its practical application or, in specific cases, on the HR processes.

Lot 5. Exceptional operational matters advice – related to pioneering concepts on border management (law firms or consultancy services)

Finally, Frontex requires advice on operational matters which may relate to pioneering concepts on border management. In addressing border management issues numerous EU instruments such as the European Border and Coast Guard Regulation 2.0, the Schengen Borders Code (2016/399), the Sea Rules (656/2014) and numerous international instruments such as SOLAS etcetera, may be relevant. The Contractor does not necessarily need to be a lawyer (although tenders from law firms are welcome) but needs to be an expert on EU border management issues, related case-law and its practical application.

Download all available documents in: [ZIP]