Tender Specifications - ECHA - Europa

individual telephone number and an individual e-mail address. When required by the tasks to be
performed, the usage of mobile phone should be possible during normal working hours.
1.12 Subcontracting
Subcontracting is defined as the situation where a contract has been or is to be established
between the Agency and a Contractor and where the Contractor, in order to carry out that contract,
enters into legal commitments with other legal entities for performing part of the service. However,
the Agency has no direct legal commitment with the subcontractor(s).
At the level of the liability towards the Agency, tasks provided for in the contract may be entrusted
to subcontractors, but the Contractor retains full liability towards the Agency for performance of the
contract as a whole.
Accordingly:
• The Agency will treat all contractual matters (e.g. payments) exclusively with the Contractor,
whether or not the tasks are performed by a subcontractor;
• The Agency will have direct contacts only with the Contractor, who is responsible for
executing the contract;
• Under no circumstances can the Contractor avoid liability towards the Agency on the
grounds that the subcontractor is at fault.
A contract which includes subcontracting is subject to certain general conditions in particular the
provisions on subcontracting, checks and audits, and confidentiality. Where justified by the subject
matter of the contract, a statement of confidentiality signed by the sub-contractor(s) may have to be
submitted to the Agency.
The tender must define the roles, activities and responsibilities of the proposed subcontractor(s),
and the reasons why subcontracting is envisaged. Consequently, the bid must clearly identify the
subcontractor(s) and document their willingness to accept the tasks and their acceptance of the
terms and conditions set out in section 1.9 above, in particular Article II.20 of the draft framework
service contract, by returning the form in Annex 5.4, filled in and signed.
Once the contract has been signed, Article II.6 of the draft framework service contract shall govern
the subcontracting. During the execution of the Contract, the Contractor will need the Agency´s
express authorisation to replace a subcontractor with another and /or to subcontract tasks for which
subcontracting was not envisaged in the original tender.
Subcontracting to companies established in ineligible countries, i.e. economic operators who are
not eligible to directly submit offers (see section 1.9), is limited to 20% of the framework contract
value. The same principle applies to each specific contract.
1.13 Joint bids
A joint bid is a situation where a bid is submitted by a group of Tenderers. If awarded the contract,
the Tenderers of the group will have an equal standing towards the Agency in executing a
framework service contract.
The Agency will not request consortia to have a given legal form in order to be allowed to submit a
Tender, but reserves the right to require a consortium to adopt a given legal form before the
contract is signed if this change is necessary for proper performance of the contract. This can
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