Tender Dossier - Eulex

that they are not in any of these exclusion situations. The declarations must cover all themembers of a joint venture/consortium. Tenderers who have been guilty of making falsedeclarations may also incur financial penalties and exclusion in accordance with section 2.3.4of the Practical Guide.The exclusion situation referred to above also applies to any subcontractor. Wheneverrequested by the Contracting Authority, the tenderer/contractor shall submit a declaration fromthe intended subcontractor that it is not in one of the exclusion situations. In case of doubt onthis declaration of honour, the Contracting Authority shall request documentary evidence thatthe sub-contractor is not in a situation of exclusion.3.5 To be eligible for participation in this tender procedure, tenderers must prove to the satisfactionof the Contracting Authority that they comply with the necessary legal, technical and financialrequirements and have the means to carry out the contract effectively.3.6 If the offer includes subcontracting, it is recommended that the contractual arrangementsbetween the tenderer and its subcontractors include mediation, according to national andinternational practices, as a method of dispute resolution.4. Origin4.1 The rule of origin has been derogated.5. Type of contract5.1 Framework contract with unit-price per itemised expenditure.5.2 The quantities estimated and specified in ANNEX II +III are only indicative quantities and doNOT compel the contracting authority to buy any of them. The contracting authority may atits own discretion purchase fewer or more quantities that the estimated quantities per item.I.e. within a same lot, the contracting authority may purchase fewer quantities than thoseestimated for some items while in the meantime purchasing more quantities than thoseestimated for other items. The overall financial ceiling for a lot being the maximum budgetavailable for this lot.5.3 The contractor shall NOT be entitled to compensation and shall NOT be allowed to claim forchanges of the unit prices, in case the contracting authority decides to purchase fewer or morequantities than the indicative ones specified per item in Annex II + III and/or in case thecontracting authority decides NOT to purchase ANY of these quantities.5.4 Payments and/or pre-financing will only be made by the Contracting Authority on the basisof the actual amount of the Purchase Orders to be issued during the duration of theframework contract. Actually, no pre-financing or payment shall be made on the only basis ofthe signature of this framework contract.5.5 The framework contract shall be concluded for a period of one (1) year with effect on the dateon which it enters into force, (although the Framework contract may be terminated at shortnotice. See article 36 of the special conditions of the draft contract).5.6.1. Unless exceptional circumstances or urgent logistic needs, the contracting authority willmake efforts to let 90 days elapse between the issuance of two consecutive Purchase Orders.5.6.2. However, for lots 1 and 2 and 3 and 4, the Contracting Authority MAY issue a first purchaseorder with significant quantities for the items that are part of these lots. This first purchaseorder MAY represent 80% (or more) of the yearly estimated quantities for these lots.5