Tender Specifications - ECHA - Europa

Submission of a Tender implies acceptance of the terms and conditions set out in this Invitation to
Tender, in the Tendering specifications and in the draft contract and, where appropriate, waiver of
the Tenderer's own general or specific terms and conditions in respect to this framework contract.
The submission of a tender under any other terms than those set up by the Agency, or including a
disclaimer with respect to that essential requirement of the procurement procedure, will determine
the rejection of the tender.
The tender is binding on the Tenderer to whom the contract is awarded for the duration of the
contract.
Once the Agency has accepted the Tender, it shall become the property of the Agency and the
Agency shall treat it confidentially.
The Agency shall not reimburse expenses incurred in preparing and submitting Tenders.
The Protocol on the Privileges and Immunities or, where appropriate, the Vienna Convention of 24
April 1963 on Consular Relations shall apply to this invitation to Tender.
Variants are not allowed.
1.10 No obligation to award the contract
This Invitation to Tender is in no way binding on the Agency. The signature of the framework
contract imposes no obligations on the Agency to purchase. Only the implementation of the
framework contract through specific contracts or orders is binding on the Agency.
Up to the point of signature, the contracting authority may either abandon the procurement or
cancel the award procedure. This decision must be substantiated and the Tenderers notified.
No compensation may be claimed by Tenderers whose tender has not been accepted, including
when the Agency decides not to award the contract.
1.11 Place of performance
The place of performance of the tasks shall be the Contractor's premises and/or ECHA premises
and/or any other place as agreed in the specific contract or order depending on the nature of the
specific tasks.
The meetings will generally take place either at the Agency’s premises or be held via
teleconference (by phone or video), or exceptionally take place in any other place as agreed in the
specific contract.
As a rule the Agency requires that when implementing off site specific contracts the Contractor
shall provide the service from a single location/site (i.e. not from different sites geographically
scattered). If exceptionally this were not possible, the contractual parties will enter into negotiation
in the steering group (as described in section 4.2.6.1) to identify the best alternative organisation of
the work and for the location of the Contractor’s resources. The decision making on this matter will
ultimately lie with the Agency
The Agency requires that Contractor’s staff involved in the implementation of a specific contract
shall be reachable via telephone and e-mail during normal working hours. All Contractor’s
personnel required for the implementation of a specific contract (the “project team”), shall have an
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