Call for tenders' details

Title:
Development and Maintenance of the Information Systems of the EU Emission Tradin...
Contracting authority:
European Commission, DG for Climate Action (CLIMA)
TED publication date:
25/11/2021
Time limit for receipt of tenders:
13/01/2022
Status:
Closed
Status
29/12/2021
30/12/2021
English (en)
Question details
Draft FWC - I.6.3 Payments
In this article, the Contracting Authority’s payment obligation is made fully dependent on the validation by the Contracting Authority. This means that with regard to its payment claims, the Contractor is completely dependent on the Contracting Authority’s choice whether or not to proceed to validation, which the Contractor deems unreasonable. Are you prepared to accordingly amend this provision? Would you please confirm or adjust this? If you do not wish to confirm and/or adjust this, we kindly but urgently request you to motivate this.
30/12/2021
What do you propose, that CLIMA does not validate the payments? It seems reasonable that CLIMA validates that the works being invoiced have been delivered according to the contract (QTM) before validating the payment. In the rare event of disputes that cannot be resolved by the teams, that should really never happen, the contractor is referred to I.12 I.12. APPLICABLE LAW AND SETTLEMENT OF DISPUTES