Call for tenders' details
Sla System (4)
The penalty system foreseen by the Tender Technical Specifications provides that: “failure to comply with Service Level Agreements shall result in the immediate implementation of the penalties listed in the table above and in the definition of agreed-upon corrective measures to address underperformance”. The automatic nature of the application of penalties plus the fact that the contractor cannot submit observations goes against the general principles of the right to reply and against the provisions of the General Conditions of the FWC that do recognize that right to reply (see article II.15.2). Could you clarify how you do plan to solve that contradiction between the Technical Specifications and the General Conditions of the FWC?
In case of conflict, the tender specifications prevail on the general conditions of the contract. The new updated draft contract is available in e-tendering.