Odpowiedź
27/04/2020
For the purpose of the required scenario, the price of the relevant purchase (V) is 125 000€ and the duration of the purchase (d) is 1 year, i.e. 365 calendar days. Therefore, as per the formula indicated in Article II.15.1, the price of one day of delay in performance of the services is 0,3 x (125000/365) = 102,75€. It is recalled that provision of 3 consultants at all times is a minimum requirement. Consequently, the 3 examples provided are a breach of the Contractor’s contractual obligation. The calculations of the liquidated damages based on the examples provided lead to the following results: (1) 21 x 102,75 = 2157,75€. Although the example refers to 15 working days, as the original calculation is based on calendar days in line with Art. II.4.4 of the Contract, the absence of the third consultant is calculated over 3 full weeks (i.e. 21 calendar days). (2) 42 x 102,75 = 4315,50€. 6 weeks corresponding to 42 calendar days. (3) 7 x 102,75€ = 719,25€. As under point 1 regarding calendar v/ working days. The attention of the tenderers is also brought on the fact that, in the scenario 1 and 2 above, the Agency may rather decide to receive 10 working days by the new person free of charge rather than using the above contractual mechanism to ensure business continuity, as foreseen in section 1.4.6 of the tender specifications.