Call for tenders' details

Title:
Safe transport of lithium batteries by aircraft.
Contracting authority:
European Commission, DG Mobility and Transport (MOVE)
TED publication date:
20/08/2016
Time limit for receipt of tenders:
30/09/2016
Status:
Closed
Status
20/09/2016
21/09/2016
English (en)
Answered
Question details
Annex 5: Draft Contract; Section I: Special Conditions Clause I.12.1
Clause 1.10.2 (Licence or transfer of pre-existing rights) The clause states: “All pre-existing rights incorporated in the results, if any, are licensed to the Union as set out in Article II.13.2. By derogation to Article II.13.2, the Union acquires fully and irrevocably all pre-existing rights incorporated in the results, if any.” We believe these to be alternative options and that it is not possible for both conditions to apply with respect to pre-existing rights. Please clarify and confirm which option will apply for this contract. Clause I.12.1 The complementary law for the contract is not stated. Please advise which law will apply in addition to European law.
21/09/2016
The two provisions in Article I.10.2 of the draft contract published are different options, only one of which is to be selected when the contract will be signed. The selected option will be "All pre-existing rights incorporated in the results, if any, are licensed to the Union as set out in Article II.13.2". A corrigendum will be uploaded soon to eTendering.