Call for tenders' details

Renewable Cooling under the Revised Renewable Energy Directive
Contracting authority:
European Commission, DG Energy (ENER)
TED publication date:
Time limit for receipt of tenders:
English (en)
Question details
Regarding the tender, our legal department has some questions
PwC will not provide any electronic software product, however in the contact, you can see some provisions related to this issue. Do you think, we can remove or amend these parts under the contract? · The Contracting Authority want to have a right to shorten, summarise, modify, edit the results. This will be checked internally however PwC can not be responsible to any third party because of these modifications. Since the amendments will not belong to us, we could not be responsible. Please clarify. · Regarding II.6 Liability provision, we hesitate about the responsibility to third parties, exceeding three times the total amount of the contract, because the Contracting Authority is not liable for any damages towards third parties. Please clarify. · Regarding II.6.2, about the insurance, please be kindly informed that PwC Entities do not have an insurance policy per project but have an umbrella insurance. Do you think this will also cover what you are demanding?
- Concerning the first question: can PwC refer to a precise Article of the contract? - Articles II.6 and II.6.2 of the contract are activated only upon request, without specific request the national law applies. - As a matter of principle, in the event of any alteration or modification made to the text of the contract or its annexes, these should be regarded as null and void and the Commission should no longer be bound by this contract". The provisions of the contract result from the European Court of Justice case law.