Call for tenders' details
Status
Submission date
26/10/2012
Answer date
30/10/2012
Language
Status
Answered
Question details
Subject
Article 3.1.5 contained within Annex A-II - interpretation of the term 'indirectly'.
Question
Article 3.1.5 states that "the Contractor agrees to refrain from proposing or accepting any engagement for services to be rendered directly or indirectly for the benefit of the organisation audited". Could the European Commission explain how "indirectly" would be defined? Does this mean that, for example, a contractor could not accept any engagement with a potential buyer or investor willing to invest in the audited organisation? Does this also mean that a contractor could not accept any engagement with any direct or indirect subsidiary of the audited organisation or any of its shareholders?
Answer
30/10/2012
The second sentence in article 3.1.5 must be read in the context of the first sentence, as well as in the context of Article II.3.3 of the Framework Contract. The Contractor must, therefore, refrain from proposing or accepting any engagement for services to be rendered to the audited organisation, irrespective whether the proposal or the acceptance of the engagement concerning the audited organisation is addressed to this entity or another entity (e.g., a mother company) and whether the audited organisation is going to bear directly or indirectly the cost of the service to be rendered.