EU solidarity with Ukraine

Call for tenders' details

Title:
Study on the feasibility of a European personal pensions framework.
Contracting authority:
European Commission, DG Financial Stability, Financial Services and Capital Mark...
TED publication date:
28/05/2016
Time limit for receipt of tenders:
05/07/2016
Status:
Closed
Status
27/06/2016
29/06/2016
English (en)
Question details
Service contract - Clause II.6.5
We, [...], are a [...] law firm and we intend to answer to this tender call with another firm "[...]". We want to point that our deontological rules do not permit a law firm to subcontract with a fim with commercial purposes (as "[...]"). In consequence, we intend to submit a joint tender. However, lawyer business regulation do not permit us to be jointly and severally liable. In consequence, we intend to mention this in our offer. Could you please advice us on this issue?
29/06/2016
Dear Madam, We thank you for your interest to participate in the procurement procedures of the European Commission. According to the tender specifications (section I.7 "Joint tenders"), a joint tender is a situation where a tender is submitted by a group of economic operators (natural or legal persons). Further on, it has been clearly pointed out that "All economic operators in a joint tender assume joint and several liability towards the contracting authority for the performance as a whole, i.e. both financial and operational liability". In the case of a joint tender, please note that your company's liability is the same as the liability from a regular tender. You may contractually limit your liability, in your contractual relation with the "[...]" - third party company (when setting up the consortium agreement) but the provisions of section 1.7 of the tender specifications are to be observed towards the contracting authority. With best regards, EC FISMA CONTRACTS