Call for tenders' details
Status
Submission date
22/10/2019
Answer date
22/10/2019
Language
Status
Answered
Question details
Subject
Service Level Agreement (SLA)
Question
In Annex 8 to technical Specifications (SLA) there is in KPI-1 (4.1. Ordering process) a compensation foreseen of 10 LDU if e.g. the candidate is accepted but s/he is afterwards declared unable to start his/her mission before the signature of the specific contract. In KPI-2 (4.2. Delivery process-Time and Means) we have also a compensation foreseen of 10 LDU if the consultant is unable to start after the signature of the specific contract. Are these compensations to be cumulated or are they exclusive?
Answer
22/10/2019
For KPI-1, liquidated damages apply, among other cases, in case "the candidate is […] declared unable to start his/her mission before the signature of the specific contract". For KPI-2, liquidated damages apply when the consultant is unable to start after the signature of the specific contract. The incapability to start the mission can only take place once, either before or after the signature of the specific contract. These cases are therefore exclusive.
