Call for tenders' details

Interagencies e-learning language courses.
Contracting authority:
European Securities and Markets Authority (ESMA)
TED publication date:
Time limit for receipt of tenders:
English (en)
Question details
Liquidated damages
2. In the Tender Specifications – item §2.4.12 Liquidated Damages and Framework Agreement I.14.2, our precedent with the European Commission contract authorities is to modify this to a more applicable damage result such as shown below, is this acceptable? Article II.12 Liquidated Damages The contracting authority may impose liquidated damages should the contactor fail to complete its contractual obligations, also with regard to the required quality level, according to the tender specifications. Should the contactor fail to perform its contractual obligations within the time limits set by the FWC or the relevant order form or specific contract, then, without prejudice to the contractor’s actual or potential liability or to the contracting authority’s right to terminate the FWC or relevant order form or specific contract, the contracting authority may impose liquidated damages for each and every calendar day of delay according to the following formula: 0.3 x (V/d) V is the price of the relevant purchase; D is the duration specified in the relevant order form or specific contract or, failing that, the period between the date specified in Article 1.4.1 and the date of delivery or performance specified in the relevant order form or specific contract, expresses in calendar days by the contracting authority within 30 days of receipt of such arguments, the decision imposing liquidated damages shall become enforceable. The parties expressly acknowledge and agree that any sums payable under this article are in the nature of liquidated damages and not penalties, and represent a reasonable estimate of fair compensation for the losses incurred due to failure to fulfil obligations which may be reasonably anticipated
ESMA respectfully declines the proposal, and tenderers must accept the conditions of the tender specifications and draft contract.