Call for tenders' details

Title:
Renewable Cooling under the Revised Renewable Energy Directive
Contracting authority:
European Commission, DG Energy (ENER)
TED publication date:
15/12/2018
Time limit for receipt of tenders:
11/02/2019
Status:
Closed
Status
06/01/2019
18/01/2019
English (en)
Question details
Regarding the tender additional questions
Can we sign a separate NDA including confidentiality and data protection provisions? The provisions under te contract is quite general. Therefore it would be beneficial for both parties to sign a separate agreement. · Within the scope of this contract, do you think can we separate pre-existing rights from other intellectual rights on the results? PwC has it’s own intellectual rights such as know-how, methodology, intellectual capital. Please indicate. · Could you clarify the recovery paragraph II.23.1? According to our understanding, the amount in accordance the scope of the recovery will not be subject to our liability limitation indicated under II.6. Please clarify. · For the provision II.24 Checks and Audits, since PwC is an independent audit firm, could you accept to carry out auditing activities by only OLAF’s own staff and not by any outside body who could be a direct competitor of us. Could we amend this part?
18/01/2019
the correct answer to this question is: - No the NDA and data protection refer to EU Law and cannot be change. - Recovery is not liability: Article II23.1 must be read in accordance with Article I.10. Recovery is activated when the quality is poor or when the tasks are not completed. The pre-existing rights are covered by Article I.10. - Concerning Article II.24: as a matter of principle, the Commission cannot accept any private firm to audit the implementation of its own budget. - see also reply to question 2 concerning modifications of the contract.
18/01/2019
- 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.