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Tender Specifications - ECHA - Europa

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ARTICLE I.14 - DOCUMENTATION<br />

I.14.1 The Contractor shall provide the Agency with all documentation, including the user manuals<br />

and documentation concerning the services and deliverables provided, necessary for the planning<br />

and the control by the Agency of the operations connected with the tasks referred to in Article I.1 of<br />

the Contract, and for the purpose of fulfilling the Contractor’s obligations under Articles I.18.2 and<br />

I.19.<br />

I.14.2 Thereafter, the Contractor shall provide to the Agency any update of the documentation<br />

provided.<br />

I.14.3 The Contractor may, upon agreement of both parties, permit the Agency to reproduce all or<br />

part of the documentation provided, involving intellectual or industrial property rights not transferred<br />

to the Agency under I.13, for its internal needs directly connected with use by its personnel. The<br />

Agency shall ensure that any indication concerning the intellectual property rights appearing on the<br />

original copies is reproduced.<br />

ARTICLE I.15 - QUALITY AND STANDARDS<br />

I.15.1 The Contractor shall provide the services in accordance with technical norms, standards and<br />

procedures based on best professional practice in the informatics field. With respect to contract<br />

management, the Contractor shall provide the services in accordance with ISO 9001 or equivalent.<br />

Quality standards may be revised in line with market developments.<br />

I.15.2 The Contractor warrants that software supplied or developed under the Contract will not fail<br />

to execute its programming instructions due to defects in materials and workmanship when<br />

properly installed and used on the device designated by the Contractor. It shall be devoid of any<br />

deliberate mechanism which leaves it under the Contractor's control after supply to the Agency. It<br />

shall meet the operating requirements, specifications and characteristics specified in the<br />

Contractor's documents or laid down in the Contract or specific contracts.<br />

I.15.3 The software deliverables will be error free for a period of six (6) months after acceptance<br />

and after each installation of an upgrade or update. The warranty period is extended by the sum of<br />

the recovery times for all critical and major issues, where the Agency cannot use the software<br />

deliverable during the warranty period. After the warranty period, the Contractor is obliged to<br />

provide software maintenance for the period of execution of tasks under the Framework Contract.<br />

Such service shall be subject to one or several specific contracts under this Framework Contract;<br />

I.15.4 Any deliverable provided by the Contractor under the Contract will be quality controlled by<br />

the Contractor, in the place of performance, before delivery. On the request of the Agency, the<br />

Contractor has to be in a position to show that the outcome of the quality control was positive.<br />

I.15.5 The Contractor undertakes to comply with the above quality standards. Compliance with the<br />

standards shall be monitored by the Agency. In the event of non compliance with one or more of<br />

the standards over a sliding period of three (3) months, the Contractor shall submit an improvement<br />

plan. In the event of non compliance with one or more of the standards for six (6) months,<br />

consecutive or not, over a sliding period of twelve (12) months, a service whose quality has proved<br />

substandard may be withdrawn from the Contract, or the Contract may be terminated where<br />

service quality is substandard.<br />

ARTICLE I.16 – CONFIDENTIALITY AND SECURITY<br />

I.16.1 The Contractor may only utilise the information contained in the material encountered during<br />

the duration of the Contract and any specific contract (including any data on any Agency network)<br />

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