Call for tenders' details
Status
Submission date
02/12/2019
Answer date
04/12/2019
Language
Status
Answered
Question details
Subject
Framework Contract for suppliers document - remark List - Part 3
Question
REMARK 6: II.6.6 The contracting authority is not liable for any loss or damage caused to the contractor during or as a consequence of implementation of the FWC, unless the loss or damage was caused by wilful misconduct or negligence of the contracting authority. Instead Of: II.6.6 The contracting authority is not liable for any loss or damage caused to the contractor during or as a consequence of implementation of the FWC, unless the loss or damage was caused by wilful misconduct or gross negligence of the contracting authority. REMARK 7: II.8.2. Each party must: (a) not use confidential information or documents for any purpose other than to perform its obligations under the FWC or a specific contract without the prior written agreement of the other party; (b) ensure the reasonable protection of such confidential information or documents with the same level of protection as its own confidential information or documents, and in any case with due diligence; Instead of: II.8.2. Each party must: (a) not use confidential information or documents for any purpose other than to perform its obligations under the FWC or a specific contract without the prior written agreement of the other party; (b) ensure the protection of such confidential information or documents with the same level of protection as its own confidential information or documents, and in any case with due diligence; REMARK 8: II.12.2 Any right or obligation assigned by the contractor without authorisation is not enforceable against the contracting authority. II.12.3 A change of control of contractor is not an “Assignment” under this paragraph. (Added)
Answer
04/12/2019
Thank you for sharing your remarks concerning the draft framework contract. It appears that you would like to modify certain contractual terms. As already indicated, it is not possible to modify the contract in the case of the open procedure. The offers received will be assessed as described in the documents published in the invitation.