EU solidarity with Ukraine

Dettagli del bando di gara

Titolo:
PROC/2014/22 - Application development, maintenance and service desk (ADM & SD).
Amministrazione aggiudicatrice:
European Securities and Markets Authority (ESMA)
Data di pubblicazione nel TED:
10/06/2015
Termine per la ricezione delle offerte:
31/07/2015
Stato:
Chiuso
Stato
22/07/2015
23/07/2015
English (en)
Dettagli della domanda
Contract's questions p1
1. I.3.3 Reimbursement of expenses Not applicable Is it possible to describe reimbursable cost in specific contract only or should we also describe it in the Frame contract? 2. I.7.1 The FWC shall be governed by Union law, complemented, where necessary, by the national substantive law of France. I.7.2 Any dispute between the parties resulting from the interpretation or application of the FWC which cannot be settled amicably shall be brought before the courts of Paris (France). Please consider replacing Paris courts with a neutral arbitration as a dispute settlement venue, by putting the following wording in cl. I.7.2.: “Any dispute between the parties resulting from the interpretation or application of the FWC which cannot be settled amicably shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall be composed of a sole arbitrator. The place of arbitration shall be Stockholm (Sweden). The language to be used in the arbitral proceedings shall be English”. 3. II.3.3 The Contractor shall be held liable for any loss or damage sustained by ESMA in performance of the FWC, including in the event of subcontracting, and for any claim by a third party, but only to an amount not exceeding three times the total amount of the relevant order form or specific contract. Nevertheless, if the damage or loss is caused by the gross negligence or willful misconduct of the Contractor or of its personnel or sub Contractors, the Contractor shall have unlimited liability for the amount of the damage or loss. Please consider altering cl. II.3.3. as follows: “The Contractor shall be held liable for any loss or damage sustained by ESMA in performance of the FWC, including in the event of subcontracting, and for any claim by a third party, but only to an amount not exceeding the total amount of the relevant order form or specific contract”.
23/07/2015
ESMA will not consider the request. In reference to the question: 'should we also describe it in the frame'? Tenderers shall not alter the framework contract, and shall explicitly accept it, as is, UNCONDITIONALLY (in accordance with point 1 and 5 of the Invitation to Tender Cover Letter. If tenderers do not fully accept the contract, or submit conflicting terms, ESMA may EXCLUDE them.