EU solidarity with Ukraine

Údaje o výzve na predloženie ponúk

Názov:
Event/meeting management and promotion services.
Obstarávateľ:
European Food Safety Authority (EFSA)
Dátum zverejnenia v TED-e:
24/11/2017
Lehota na predkladanie ponúk:
22/02/2018
Stav:
Uzavreté
Stav
16/01/2018
18/01/2018
français (fr)
Údaje o otázke
SLA System (3)
According to the Tender Technical Specifications, “Business disruption due to lack of business continuity plan” is punished with a financial penalty that amounts to 15% of the value of the assignment (see SLA02). However, the provisions set out in the General Conditions of the Framework Contract that takes precedence over those the in the tender provides that: “If the contractor fails to perform its contractual obligations within the applicable time limits set out in this FWC, the contracting authority may claim liquidated damages for each day of delay” using an ad-hoc formula (see: Tender Annex 3, page 28). If we apply that formula to, let’s say, a project whose total value amounts to €100,000 and whose legal duration is 60 days, the financial penalty per day of delay amounts to €500. If we apply the penalty system foreseen in the Technical Specifications, the penalty amounts to €15,000 from the very first day a service is interrupted. In other words, the penalty foreseen by the Technical Specifications is 30 times higher than that foreseen by the General Conditions. The penalty not only appears to be excessive, but the difference in scale also clearly contradicts the system provided for by the General Conditions. That flagrant contradiction generates a situation of legal insecurity that might jeopardise the good execution of the framework contract and could be attacked by the future contractor as a clear signal of poor governance on the part of EFSA. Could you clarify how you do plan to solve the situation?
18/01/2018
As indicated in the footnote 35 of the tender specifications (pag 21) penalties will be deducted only from the contractor’s service fees. Penalties will not be deducted from the reimbursable costs. Moreover, for noncompliance cases indicated in pag 21 of the tender specifications from SLA 01 to SLA 07, the liquidated damages indicated in the framework contract will not be applied. Penalty system indicated in the tender specifications is a tool applied to focus on those elements of service that are critical to grant high quality service provision. EFSA valued the damage it might incur in case of lack of compliance with the agreed service levels. That value was then translated into the imposed penalty in case of noncompliance. For the noncompliance cases on which clear penalties are defined in the tender specifications, the articles about liquidated damages will not be applicable.