Call for tenders' details

Title:
Cleaning, Waste Management and other Related Services
Contracting authority:
European Medicines Agency (EMA)
TED publication date:
18/07/2019
Time limit for receipt of tenders:
03/09/2019
Status:
Closed
Status
06/08/2019
12/08/2019
English (en)
Answered
Question details
Annex VII - Draft contract
On the one hand, contractor believes that there must be a possibility for liability on the part of the contractor. On the other hand however, contractor believes that there must also be some room for liability on the part of the client, namely in case of accountable shortcomings, intent or deliberate recklessness. In Article II.6.1 you exclude all liability for you as a client. Are you willing to adjust this?
12/08/2019
Please note Article II.6.1. draft framework contract refers to contracting authority not being liable for any damage or loss caused by the contractor. The Article reads exactly the following: The contracting authority is not liable for any damage or loss caused by the contractor, including any damage or loss to third parties during or as a consequence of implementation of the FWC. In the light of the above clarification the Agency does not see the need for any adjustments in this regard.