Belgium – Legal services – Marché public ayant pour objet les services juridiques relatifs au contentieux lié au recouvrement des redevances de stationnement de l’Agence du stationnement de la Région de Bruxelles-Capitale

This contract is a public service contract to be performed "at the express request" of the Contracting Authority within the framework of the recovery of fixed parking fees by holders of Belgian registration plates, due to the Agency pursuant to the Ordinance of 6 July 2022. This contract concerns judicial disputes related to the recovery of parking fees that remain unpaid at the expiry of the second reminder, notably in the following cases: - the conditions for establishing the distraint are not met and the Agency decides to pursue recovery through judicial means (Article 16, § 7 of the Ordinance of 6 July 2022); the contractor must draw up the summons intended to seize the competent Court and provide all the services necessary to obtain a judgment in favour of the Agency, allowing the principal amount and its accessories to be recovered while minimising costs for both the debtor and the Agency; - an appeal has been lodged by a debtor opposing the distraint established, notified and served by bailiff's deed (Article 16, § 7 of the Ordinance of 6 July 2022); the contractor must represent the Agency before the Court seized by the debtor and provide all the services necessary to obtain a favourable judgment while minimising costs for both the debtor and the Agency. The Contracting Authority favours, following the summons in contradictory cases where the debtor appears in person or through his counsel, the use of negotiation with a view to an amicable agreement, in compliance with the applicable standards and with the aim of minimising the costs charged to the debtors. This contract concerns several orders placed by the Contracting Authority according to needs and in accordance with the provisions of this tender. This contract does not confer exclusivity on the contractors and does not guarantee any order quantity. The contract is divided into three lots depending on the place of residence of the debtor: Lot 1 - Recovery in the Brussels-Capital Region; Lot 2 - Recovery in the Walloon Region; Lot 3 - Recovery in the Flemish Region. It is specified that a tenderer may be awarded only one lot. If the tenderer submits an offer for more than one lot – which it may do – it indicates the order of preference of the lots it wishes to be awarded, if it were the potential awardee of several lots. No improvement/discount on the offer may be linked to the award of several lots. It is awarded the lot according to the order of preference indicated, provided that it is the most interesting bidder for that lot. If two bidders are equal under the aforementioned rule, the Contracting Authority may allow them to improve their price offer. This provision is adopted in implementation of Article 58 § 2 of the Law of 17 June 2016. The Contracting Authority reserves the right not to negotiate.