Tender Specifications - ECHA - Europa

The Agency will take into consideration and discuss with the Contractor in the context
of the governance model of the framework contract described in section 4.2.6.1, the
particular circumstances of the case in which the timely and appropriate completion of
a deliverable or the provision of a service by the Contractor depends on the timely and
appropriate completion of a deliverable or the provision of a service to ECHA by a
third party, which is not able to meet the planned and agreed schedule.
1.8 Guarantees
In the context of the implementation of a specific contract a performance guarantee, for an
amount of 10% of the value of the specific contract and for its whole duration, may be required 17 to
cover the performance of the specific contract in accordance with the terms set out in Annex A to
the Specific Contract. In the event of default, defective performance or delay in the execution of the
specific contract, the guarantee shall be forfeited in proportion to the extent of the damages caused
to the Agency.
Where required by the specific contract the Contractor shall provide a pre-financing guarantee in
the form of a bank guarantee or equivalent supplied by a bank or an authorised financial institution
(guarantor) equal to the amount indicated in the specific contract to cover pre-financing under the
contract 18 . Such guarantee may be replaced by a joint and several guarantee by a Third Party. A
pre-financing guarantee is obligatory when pre-financing amounts to EUR 150,000 or more.
The Tenderer shall describe in his offer the arrangements (e.g. professional risk indemnity
insurance), already existing or taken specifically for this contract, which he will have in place in
order to cover liability, which he could incur during the implementation of the contract, as laid down
in Article I.17 of the draft framework contract.
1.9 General terms and conditions for the submission of Tenders
The present Tender documents are drawn up in respect of the Financial Regulation applicable to
the general budget of the European Union (Council Regulation (EC, Euratom) No 1605/2002 of 25
June 2002 as amended by Council Regulation (EC, Euratom) N° 1995/2006 of 13 December
2006), as well as its implementing rules (Commission Regulation (EC, Euratom) No 2342/2002 of
23 December 2002 as amended by i) Commission Regulation 1261/2005 of 20 July 2005, ii)
Commission Regulation 1248/2006 of 7 August 2006 and iii) Commission Regulation (EC,
Euratom) No 478/2007 of 23 April 2007), hereinafter referred to as the Financial Regulation.
Tenderers must indicate clearly in which country they have their headquarters (legal person) or
domicile (natural person).
Participation in Tender procedures is open on equal terms to all natural and legal persons from one
of the EU Member States and to all natural and legal persons in a third country which has a special
agreement with the European Union in the field of public procurement on the conditions laid down
in that agreement. In the present Call for Tenders the Agency will reject offers submitted by
operators from third countries which have not signed such an agreement.
17
See Article I.6 of the draft Framework Contract. Performance guarantees shall be provided in accordance with the
model available in Annex V of the draft Framework Contract.
18
Pre-financing guarantees shall be provided in accordance with the model available in Annex VI of the draft Framework
Contract.
19