Traduction de «procédure de contestation des offres » (Français → Anglais) :

Regularly, the quality of the tender documents needs to be enhanced, evaluation of the bids to be repeated, while sometimes -the worst cases- tenders need to be cancelled and re-launched.

Regarding complainant 3's allegation that, in the context of the tender process in question, Capricorn and the sellers received State aid advice from the same law firm ([.]) and in particular one lawyer of that firm, the Commission notes that, according to the statement of the German authorities, that law firm and its lawyers: (a) did not provide any advice to the sellers of the tender procedure (including the insolvency administrators and the Creditors' Committee); (b) did not have any access to any information contained in the bids of other interested investors; (c) only had access to the information concerning the tender procedure w ...[+++]hich was available in the data room and in the press; and d) did not provide the sellers or the Creditors' Committee with any recommendation.

Finally, complainant 4 concludes that the information put forward by him makes it clear that an advantage was granted to Capricorn in the sale of the Nürburgring assets, that that advantage stems from a decision that is inconsistent with the manner in which a commercial seller would have run the process and have assessed the bids against the award criteria, that such a commercial seller could not have concluded that the Capricorn bid was overall more economically advantageous than [Bidder 2]'s bid and that a new process needs to be run in which a consistent set of criteria are applied in order to provide for an open, fair and uncondition ...[+++]al tender, a clear timetable is set out and adhered to, and the identity of the bidders is shielded from the creditors' committee.

Regarding the particular lawyer of that law firm, to which complainant 3 has referred in its complaint, Germany has also explained the following: (a) that lawyer worked for the Land from May 2012 until April 2013, i.e. before the initiation of the tender process in June 2013; (b) that lawyer was not in any contact with the Land or the Federal Republic of Germany during the tender process; (c) that lawyer never advised the Land or the sellers in relation to the bidding process; and (d) the same lawyer only participated as an independent expert in the hearing of the Land's parliament on 20 June 2013 concerning the law for the public acc ...[+++]ess to the Nürburgring racetrack.

Furthermore, Germany has explained that the State aid aspects of the tender, i.e. the fact that the tender process had to be open, transparent, unconditional and non-discriminatory, in order for the buyer not to be liable for any recovery of incompatible State aid to the sellers of the Nürburgring assets, were already made aware to all bidders, as follows: (a) through the Commission decisions to open the formal investigation procedure on 21 March 2012 and to extend it on 7 August 2012; (b) by the sellers, with all relevant documents provided in the tender's data room, including communications exchanged between the Commission and Germany ...[+++] on this matter; and (c) by the relevant case practice of the Commission.

3. On the basis of an annual procurement plan of joint tender procedures prepared by EPCO, and after consulting with the EPCO Steering Committee, the Governing Council may initiate joint tender procedures and choose the leading central bank(s) from among the central banks participating in the joint tender procedure.