Call for tenders' details

Title:
ISDLS2 — External Service Provision for Development, Maintenance and Consultancy...
Contracting authority:
European External Action Service (EEAS)
TED publication date:
19/09/2019
Time limit for receipt of tenders:
04/11/2019
Status:
Closed
Status
22/10/2019
22/10/2019
English (en)
Question details
Service Level Agreement (SLA)
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?
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.