Call for tenders' details
Status
Submission date
26/01/2016
Answer date
04/02/2016
Language
Status
Answered
Question details
Subject
Right to audit - Art 16 of Annex A
Question
We understand Europol’s need for a right to audit. However, the right to audit should be limited in time and in scope to avoid any unnecessary disturbances especially with respect to the delivery of services to other clients of a Contractor. Next to this, any audit should be conducted by a party qualified to do so in an objective way. With respect to Article 16.1 we therefore propose to amend as follows: “Europol may check or require an audit on the implementation of the Framework Contract. This may be carried out by a qualified auditor authorized to do so on Europol’s behalf.” Can you agree with this proposal? With respect to Article 16.2 we therefore propose: “Checks and audits may be initiated during the implementation of the Framework Contract, at any moment during the term of the Framework Contract with a maximum of once (1) per calendar year or more if Europol has a legitimate reason to suspect that Contractor is in breach of any of its material obligations under the Framework Contract. If Europol wishes to audit it will notify Contractor thereof in writing one (1) month prior to its preferred audit date and Parties will agree upon the scope and conditions of such audit, the costs thereof and any remedies pertaining to such audit during such notification period.” Can you agree with this proposal? With respect to Article 16.6 we therefore propose that the qualified auditor should draw up the final report. Can you agree with this proposal? Article 16.7 is subjective, should be part of the prerequisites to be agreed upon by Parties prior to the audit and should therefore be deleted. Can you agree with this proposal? If you cannot agree to one or more of the proposals, could you please specify why not?
Answer
04/02/2016
Europol cannot restrict access to its legally empowered auditors, ECA or OLAF, who are checking on use of public money. This would contravene the EU treaties and the Europol Council Decision, which have precedence over this framework contract. In addition, Europol’s internal audit function also has access. Europol cannot “contract out” of these provisions.