Call for tenders' details

²DIGIT/A3/PO/2017/023 – Software for Innovation, Diversity and Evolution II (SID...
Contracting authority:
European Commission, DG Informatics (DIGIT)
TED publication date:
Time limit for receipt of tenders:
English (en)
Question details
3.2.3. Proactive information sharing
We understand that in case certain ISVs apply automatic renewals for their licenses, that the contractor has to proactively notify the EUIs at least 3 months prior to the respective date of an automatic renewal. We assume that this means that in case the EUIs decide to not renew the license we are allowed to cancel the subscription? We also assume that in case the EUIs decide at a later point to continue the subscription and the ISV applies renewal penalty fees, the EUIs will pay that fee. Could you please confirm our understanding or explain in detail?
The Contractor shall notify the EUIs of upcoming expiries, regardless of whether the renewal is automatic or not. If after such notification, the EUI states that the subscription should not be renewed, the ongoing subscription shall run until its expiry, and the contractor is allowed to cancel the subscription. Penalty fees regarding renewals will be borne by the party at fault. This principle will be evaluated on a case-to-case basis. In case EUI opt to resume a subscription, after having failed to renew it in due time, they might be subject to penalty fees for products which do not support a gap in subscription coverage (depending on the case).