Call for tenders' details

Framework contract for services related to the quality of fuels sold and used in...
Contracting authority:
European Commission, DG ENV+CLIMA
TED publication date:
Time limit for receipt of tenders:
English (en)
Question details
Specification on I.9.2 Pre-existing rights: All pre-existing rights to delivered results shall vest in the Union and effectively transferred to the Union, as provided for in Article I.9.1
Can you please advise what our course of action should be if we foresee that transfer of such rights is not, or maybe partially not, possible. At what stage should we address this point in the tendering procedure? What are possible solutions? Please advise.
The course of action is well defined in Article I.9.2: In case the partial vesting of particular rights to the results was envisaged in the tender specification and the offer, the Contractor shall list precisely at the moment of delivery of the final report at the latest all materials, information, IT tools, methodology and any other results or parts of the result to which third persons have rights, even if originally owned by the Contractor, or for which the right is not to be unconditionally given to the Union. For every listed item the Contractor shall describe precisely the scope of pre-existing rights and not pre-existing rights and the scope and the way, direct or indirect, of the partial vesting and thereby the effective transfer of rights to the Union. If the tenderer cannot pass the full or partial right on to the Commission he shall list which rights are owned by somebody else and what he cannot transfer. This should ideally be mentioned in the offer, or at the latest together with the final deliverable. However, the tenderer should ensure that the deliverables can be used by the Commission as described under Article I.9.2.