Call for tenders' details
Status
Submission date
11/07/2016
Answer date
01/08/2016
Language
Status
Answered
Question details
Subject
Legal:
Question
This relates to 4.3.2 Subcontracting (Annex 5). For lot 2 the successful company will have relationships with numerous other entities (within the company group and more widely e.g. other carriers) around the world. It is noted that the contractor will be responsible for the actions of these entities. Note that many of these entities have pre-existing contracts with us and we do not consider those entities to be sub-contractors solely for the purposes of this specific service to the Bank should we be successful. Given the high number of these, it would also be impractical to deem them all sub-contractors where we would need the Bank's express authorisation to replace one with another (as you state in the last paragraph of 4.3.2) . Please can you confirm your agreement to this assumption. Perhaps you could introduce an element of materiality for example?
Answer
01/08/2016
EIB's permission for the subcontractor's replacement is required for all subcontractors on which the Service Provider (successful tenderer) relies on for meeting the technical and professional capacity (selection criteria), regardless of their share in the total volume of the contract. It is also required for all other subcontractors which have a proportion of at least 5% of the volume of the contract. However please note that, in their tenders (see Appendix 2: Technical and professional capacity overview form), the tenderers are required to clearly identify the sub-contracting parties and state their roles, activities and responsibilities, as well as to mention the reasons why the tenderer envisages subcontracting and to specify the volume / proportion for each subcontractor.