Call for tenders' details

Providing support to the assessment of the Water Framework Directive and Floods ...
Contracting authority:
European Commission, DG ENV+CLIMA
TED publication date:
Time limit for receipt of tenders:
English (en)
Question details
Service Contract
Can the European Commission please confirm it agrees on the additional wording as inserted in speech marks in Clause II.3.4? If not please could the European Commission clarify why not? The contractor shall indemnify and hold the European Commission harmless for all damages and costs incurred due to any "legally enforceable claim". The contractor shall provide compensation in the event of any action, claim or proceeding brought against the contracting authority by a third party as a result of damage caused by the contractor during the performance of the contract. In the event of any action brought by a third party against the contracting authority in connection with the performance of the contract, including any alleged breach of intellectual property rights, the contractor shall assist the contracting authority. Such expenditure incurred by the contractor may be borne by the contracting authority. "The European Commission shall take all reasonable measurements to mitigate its losses."
DG Environment is using the standard service contract in use for procurement contracts in the Euroean Commision, whose general conditions are normally not subject to change.