invitation to tender including tender specifications · • the tender report (a document generated...

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EUROPEAN COMMISSION Directorate-General for Trade Directorate G - Trade Strategy and Analysis, Market Access The Director

Brussels, date

Subject: Framework contract to cover services in regard to the procurement of data in 3 lots for the "Tariffs", "Internal Taxes" and "Procedures and Formalities" sections of the Market Access Database (MADB) for at least 121 customs areas which are currently included in the database.

Dear Madam/Sir,

The European Commission, Directorate General for Trade, (referred to below as the contracting authority) is planning to award the contract(s) resulting from the above procurement procedure. The procurement documents consist of the contract notice, this invitation letter, the draft contract(s) and tender specifications with their respective annexes. All documents are available at the following TED e-Tendering website1: https://webgate.ec.europa.eu/publications/etendering/intranet/cft/cft-display.html?cftId=3606

Economic operators interested in this contract are invited to submit a tender in one of the official languages of the European Union.

1. Submission of tenders.

Tenders must be submitted exclusively via the electronic submission system (e-Submission) available from the above website2. Tenders submitted in any other way (e.g. e-mail or by letter) will be disregarded.

In order to submit a tender using e-Submission, tenderers (each member of the group in the case of a joint tender) will need to register in the European Commission's Participant Register - an online register of organisations participating in EU calls for tenders or proposals. On registering each organisation obtains a Participant Identification Code (PIC, 9-digit number) which acts as its unique identifier in the above register. Instructions on how to create a PIC can be found in the PIC-management Quick Guide for Economic Operators. Tenderers already registered in the Participant Register shall reuse their existing PICs when preparing tenders in e-Submission3.

1 Subscription to the call for tender at the above link allows interested economic operators to receive e-mail notifications when new information or documents are published. Subscription is free of charge and does not involve any commitment to submit a tender. 2 For detailed instructions on how to submit a tender please consult the e-Submission Quick Guide available at: https://webgate.ec.europa.eu/esubmission/assets/documents/manual/quickGuide_en.pdf. In case of technical problems, please contact the e-Submission Helpdesk (see contact details in the Quick Guide) as soon as possible. 3 In the course of the procedure the EU Validation Services may contact tenderers via the Participant Register and ask for supporting documents with respect to the legal existence and status and economic and financial capacity. Please note that a request for supporting documents in no way implies that the tenderer has been successful.

Ref. Ares(2018)3079899 - 12/06/2018

https://webgate.ec.europa.eu/publications/etendering/intranet/cft/cft-display.html?cftId=3606

http://ec.europa.eu/research/participants/portal/desktop/en/home.html

https://webgate.ec.europa.eu/supplier_portal_toolbox/quickGuide/SP_quickGuide_en.pdf

https://webgate.ec.europa.eu/esubmission/assets/documents/manual/quickGuide_en.pdf

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The time-limit for receipt of tenders is indicated under Heading IV.2.2 of the contract notice where local time shall be understood as local time at the contracting authority's location (Brussels, Belgium indicated under Heading I.1. of the contract notice).

A tender received after the time-limit for receipt of tenders will be rejected. The tender reception confirmation provided by e-Submission with the official date and time of receipt of the tender (timestamp) constitutes proof of compliance with the time-limit for receipt of tenders.

Tenderers must ensure that their submitted tenders contain all the information and documents required by the contracting authority at the time of submission as set out in the procurement documents.

The following documents shall be dated and signed, either by hand or by applying an advanced electronic signature based on a qualified certificate, by an authorised representative of the signatory:

• Declaration(s) on honour (template available in the tender specifications).

• The tender report (a document generated by e-Submission and listing all the documents included in the tender, to be signed by the tenderer or the group leader in case of a joint tender).

When the declaration(s) on honour and/or the tender report are signed by hand, a scanned copy must be attached to the tender in e-Submission. The hand-signed originals must be sent by letter at the latest on the first working day following the electronic submission of tender. Only the originals of the declaration on honour and the tender report are to be sent by letter, not other documents, are to be sent to:

European Commission, DG TRADE, Unit G3, CHAR 05/74, B 1049 Brussels, Belgium

After submitting a tender, but before the deadline for receipt of tenders, a tenderer may definitively withdraw its tender, or withdraw it and replace it with a new one4. In these cases the tenderer must send a withdrawal/replacement notification, clearly specifying the call for tender's reference and the e-Submission ID of the tender5 being withdrawn/replaced. The notification must be dated, signed by the tenderer or the group leader in case of a joint tender and sent as follows:

- if signed using an advanced electronic signature based on a qualified certificate: by e-mail sent before the deadline for receipt of tenders to the contracting authority's e-mail address indicated under Heading I.1 of the contract notice;

- if signed by hand: by letter, with an advanced scanned copy by e-mail, both sent before the deadline for receipt of tenders to the contracting authority's postal/e-mail address indicated under Heading I.1 of the contract notice.

4 To submit a new version, the tenderer must create a new tender in e-Submission and include all the information and documents required in the procurement documents with the submission of a tender, even if some of them have already been included in the replaced tender. 5 The e-Submission ID of the tender can be found on the left-hand side of the screen of the tender in e-Submission as well as in the tender reception confirmation.

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All costs incurred for the preparation and submission of tenders are to be borne by the tenderers and will not be reimbursed.

2. Legal effects of the invitation to tender and submission of a tender.

This invitation to tender is in no way binding on the contracting authority. The contracting authority's contractual obligation commences only when the contract with the successful tenderer is signed by both parties.

Up to the signature of the contract the contracting authority may cancel the procurement procedure without tenderers being entitled to claim any compensation. Any such decision must be substantiated and tenderers notified.

The validity period of the tender, during which tenderers may not modify the terms of their tenders in any respect, is indicated under Heading IV.2.6 of the contract notice.

Submission of a tender implies acceptance of all the terms and conditions set out in the procurement documents and, where appropriate, waiver of the tenderer's own general or specific terms and conditions. The submitted tender is binding on the tenderer to whom the contract is awarded for the duration of the contract.

3. Contacts during the procurement procedure.

Contacts between the contracting authority and tenderers are prohibited throughout the procedure save in exceptional circumstances and under the following conditions only:

3.1 Submission phase (before the time-limit for receipt of tenders)

Upon request, the contracting authority may provide additional information solely for the purpose of clarifying the procurement documents.

Any request for additional information must be made in writing only through the above TED e-Tendering website in the "Questions & answers" tab, by clicking "Create a question" (registration on TED e-Tendering is required to be able to create and submit a question).

The contracting authority is not bound to reply to requests for additional information received less than six working6 days before the time-limit for receipt of tenders.

The contracting authority may, on its own initiative, inform interested parties of any error, inaccuracy, omission or any other type of clerical error in the text of the procurement documents.

Any additional information will be published on the above TED e-Tendering website. The website will be updated regularly and it is the tenderer's responsibility to check for updates and modifications during the period until the final date for submission.

3.2 Opening of tenders

Tenders will be opened in public at the time and place indicated under Heading IV.2.7 of the contract notice. A maximum of two representatives per tender may attend the opening 6 Working days at the contracting authority's location indicated under Heading I.1 of the contract notice.

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session. For organisational and security reasons the tenderer must provide the full name, date of birth, nationality and ID or passport number of the representatives7 at least two working days in advance to: [email protected]. The representatives will be required to present the tender reception confirmation generated by e-Submission and to sign an attendance sheet. The contracting authority reserves the right to refuse access to its premises if the above information or the tender reception confirmation are not provided as required.

The public part of the opening session will be strictly limited to the following aspects:

- verification that each tender has been submitted in accordance with the submission requirements of the call for tender;

- announcement of the tenders received: the names of the tenderers (all members in the case of a joint tender) will be announced;

Tenderers not present at the opening session may send an information request to [email protected] if they wish to be provided with the information announced during the public opening.

Once the contracting authority has opened the tender, it shall become its property and will be treated confidentially.

3.3 Evaluation phase (after the opening of tenders)

Except in duly justified cases, tenderers who have failed to submit evidence or to make statements as required in the procurement documents, shall be contacted by the contracting authority to provide the missing information or clarify supporting documents.

The contracting authority may correct obvious clerical errors in the tender after confirmation of the correction by the tenderer.

Such information, clarification or confirmation shall not substantially change the tender.

3.4 Award phase

Tenderers will be notified of the outcome of this procurement procedure by e-mail. The notification will be sent to the e-mail address provided in the e-Submission application for the tenderer (group leader in case of a joint tender) under the section Tender Contact Info. The same e-mail address will be used by the contracting authority for all other communications with the tenderer. It is the tenderer's responsibility to provide a valid e-mail address and to check it regularly.

4. Data protection.

If processing a tender involves the recording and processing of personal data (such as name, address and CV), this data will be processed pursuant to Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. Unless indicated otherwise,

7 This data is necessary to ensure access to Commission buildings. Details concerning the processing of personal data for visitors to the European Commission are available in the privacy statement at: https://ec.europa.eu/info/files/data-protection-notice-visitors-european-commission_en

https://ec.europa.eu/info/files/data-protection-notice-visitors-european-commission_en

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any personal data will be processed solely for evaluation purposes under the call for tender by Ms. Sofia Munoz Albarran – Head of Unit A1 – Resources, HR Business Correspondent and Planning. Details concerning the processing of personal data are available in the privacy statement at: https://ec.europa.eu/info/data-protection-public-procurement-procedures_en.

The tenderer's personal data may be registered in the Early Detection and Exclusion System (EDES) if the tenderer is in one of the situations mentioned in Article 106 of the Financial Regulation8. For more information, see the privacy statement: http://ec.europa.eu/budget/explained/management/protecting/protect_en.cfm.

4. Means of redress.

Tenderers may submit any observations concerning the procurement procedure to the contracting authority using the contact details under Heading I.1 of the contract notice. If tenderers believe that there is maladministration, they may lodge a complaint to the European Ombudsman within two years of the date from which they become aware of the facts which form the basis for the complaint (see https://www.ombudsman.europa.eu).

Within two months of notification of the outcome of the procedure (award decision), tenderers may launch an action for its annulment. Any request tenderers may make and any reply from the contracting authority, or any complaint for maladministration, will have neither the purpose nor the effect of suspending the time-limit for launching an action for annulment nor open a new period for launching an action for annulment. The body responsible for hearing annulment procedures is indicated under Heading VI.4.1 of the contract notice.

Yours faithfully,

Peter Sandler

Director, Directorate A

(e-signed) Annexes to the invitation to tender:

Tender specifications and annexes: Annex 1: Technical requirements Annex 2: Tender submission form

Declaration on honour on exclusion and selection criteria Statement of exclusivity and availability Checklist of documents to be submitted

Annex 3: Quotation form for price Annex 4: Model framework contract

8 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on

the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298 of 26.10.2012, p. 1) as amended.

https://ec.europa.eu/info/data-protection-public-procurement-procedures_en

http://ec.europa.eu/budget/explained/management/protecting/protect_en.cfm

https://www.ombudsman.europa.eu/

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EUROPEAN COMMISSION DIRECTORATE-GENERAL for TRADE Directorate G – Trade Strategy and Analysis, Market Access Unit G3

CALL FOR TENDERS N° TRADE2018/G3/G06

Framework contract (FWC) to cover services in regard to the procurement of data for the "Tariffs", “Internal

Taxes" and "Procedures and Formalities" sections of the Market Access Database (MADB).

TENDER SPECIFICATIONS

Contract number: [complete] FWC conditions of February 2016

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TABLE OF CONTENTS

TABLE OF CONTENTS .................................................................................................... 7

1. INFORMATION ON TENDERING .......................................................................... 8

1.1. Participation ......................................................................................................... 8

1.2. Contractual conditions.......................................................................................... 8

1.3. Compliance with applicable law .......................................................................... 8

1.4. Joint tenders.......................................................................................................... 8

1.5. Subcontracting ...................................................................................................... 8

1.6. Structure and content of the tender ...................................................................... 9

1.7. Identification of the tenderer .............................................................................. 10

2. TECHNICAL SPECIFICATIONS ........................................................................... 11

2.1. Mission statement of the Directorate General for Trade .................................... 11

2.2. General objectives of the project ........................................................................ 12

2.3. Specific objectives of the project ....................................................................... 12

2.4. Work to be carried out ........................................................................................ 13

3. CONTENT AND FORMAT OF THE DELIVERABLES ....................................... 14

3.1. Content ............................................................................................................... 14

3.2. Format ................................................................................................................ 17

3.3. Other conditions ................................................................................................. 17

4. EVALUATION AND AWARD ............................................................................... 17

4.1. Verification of non-exclusion ............................................................................. 18

4.2. Selection criteria ................................................................................................. 18

4.3. Award criteria ..................................................................................................... 22

4.4. Ranking of tenders ............................................................................................. 23

ANNEX 1 Technical requirements

ANNEX 2 Tender submission form including tenderer’s declaration, statement of exclusivity and availability, checklist of documents to be submitted

ANNEX 3 Quotation form for price

ANNEX 4 Model contract


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1. INFORMATION ON TENDERING

1.1. Participation Participation in this procurement procedure is open on equal terms to all natural and legal persons coming within the scope of the Treaties, as well as to international organisations.

It is also open to all natural and legal persons established in a third country which has a special agreement with the Union in the field of public procurement on the conditions laid down in that agreement. Where the plurilateral Agreement on Government Procurement9

concluded within the World Trade Organisation applies, the participation to this procedure is also open to all natural and legal persons established in the countries that have ratified this Agreement, on the conditions it lays down.

1.2. Contractual conditions The tenderer should bear in mind the provisions of the draft contract which specifies the rights and obligations of the contractor, particularly those on payments, performance of the contract, confidentiality, and checks and audits.

1.3. Compliance with applicable law The tender must comply with applicable environmental, social and labour law obligations established by Union law, national legislation, collective agreements or the international environmental, social and labour conventions listed in Annex X to Directive 2014/24/EU10.

1.4. Joint tenders A joint tender is a situation where a tender is submitted by a group of economic operators (natural or legal persons). Joint tenders may include subcontractors in addition to the members of the group.

In case of joint tender, all members of the group assume joint and several liability towards the contracting authority for the performance of the contract as a whole, i.e. both financial and operational liability. Nevertheless, tenderers must designate one of the economic operators as a single point of contact (the leader) for the contracting authority for administrative and financial aspects as well as operational management of the contract.

After the award, the contracting authority will sign the contract either with all members of the group, or with the leader on behalf of all members of the group, authorised by the other members via powers of attorney.

1.5. Subcontracting - Sub-contracting of any aspect of the management and/or administration of the FWC is

not authorised.

- Individual assignments can be partly subcontracted on condition of prior approval by the Contracting Authority. When the offer clearly indicates the sub-contracting (the

9 See http://www.wto.org/english/tratop_E/gproc_e/gp_gpa_e.htm

10 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

http://www.wto.org/english/tratop_E/gproc_e/gp_gpa_e.htm


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subcontracted services and the subcontractor must be identified), the Contracting Authority gives its authorisation by signing the specific contract.

- The contractor remains the sole party which is contractually liable. External experts working for the individual assignments are not considered as subcontractors.

During contract performance, the change of any subcontractor identified in the tender or additional subcontracting will be subject to prior written approval of the contracting authority.

1.6. Structure and content of the tender

The tenders must be presented as follows:

Part A: Identification of the tenderer (see section 1.7)

Part B: Verification of non-exclusion (see section 4.1)

Part C: Selection criteria (see section 4.2)

Part D: Technical offer

The technical offer must cover all aspects and tasks required in the technical specifications and provide all the information needed to apply the award criteria.

The tender must include:

• A description of the general approach to the objectives and scope of the tender and understanding of the tasks and services to be rendered.

• A description of the proposed planning and organisation of the FWC, including quality control measures, in particular :

Information on contractual arrangements used to access the sources of information. Tenderers shall clearly state and document how the data will be obtained. In addition they shall also state how, on which occasions and in which frequency they will check the accuracy of the data and make the updates if necessary.

The methodology of quality assurance carried out by the tenderer to guarantee correctness and completeness of the data. Tenderers must provide the Commission with a methodology of quality assurance, i.e. how they will confirm that the data content is correct and complete; in particular:

For lot 1 (data on customs tariffs) and lot 2 (data on internal taxes)

− Information on minimum frequency of checks and possible updates;

− A concrete listing of situations triggering a check and necessary updates.

For lot 3 (data on procedures and formalities):

− Description of documents including overview of horizontal information, which give a summary of matters relevant to imports and summarises usual international documents.


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• Detailed procedural description of the handling of information requests related to the data supplied. The tenderer must indicate how he intends to follow-up inquiries which may originate within the Commission services or from users of the MADB outside the Commission.

• For each of the lots submitted, three different complete sample datasets (for three different customs areas) will serve to demonstrate the tenderer’s knowledge in that area and the compliance with the technical requirements. The Commission provides an on-line tool to support and help the tenderers during the creation of the datasets. The link to this compliance tool is http://madb.europa.eu/madb/datasets/.

The final sample datasets must be included in the technical offer.

Offers deviating from the requirements or not covering all requirements may be rejected on the basis of non-compliance with the tender specifications and will not be evaluated.

Part E: Financial offer

The budget of the FWC, including all costs is estimated at Euro 8.000.000,00 (eight million) for its total duration. However, this shall neither bind the Contracting Authority to purchase for the maximum amount, nor to contract all items subject to this tender. The price for the tender must be quoted in euro. Tenderers from countries outside the euro zone have to quote their prices in euro. The price quoted may not be revised in line with exchange rate movements. It is for the tenderer to bear the risks or the benefits deriving from any variation.

Prices must be quoted free of all duties, taxes and other charges, including VAT, as the European Union is exempt from such charges under Articles 3 and 4 of the Protocol on the privileges and immunities of the European Union. The amount of VAT may be shown separately.

The quoted price must be a fixed amount which includes all charges. The Commission shall not reimburse separately travel or subsistence expenses, nor any other costs such as translation costs, database management or administrative costs necessary to carry out the tasks of the contract (offices, secretarial assistance, communications, printing costs of documents, dispatch costs, etc.). Therefore, the tenderer is requested to take into account all these costs when preparing the offer. The tenderer shall quote separately for each lot for which he is tendering. For each lot submitted the tenderer shall quote the single price for a customs area (the same price will be applicable for all customs areas). The price shall include the initial delivery and the updates for a customs area for one year.

1.7. Identification of the tenderer

The tender must include the tender submission form (see annex 2) signed by an authorised representative presenting the name of the tenderer (including all entities in case of joint tender) and identified subcontractors if applicable, and the name of the single contact point (leader) in relation to this procedure.

http://madb.europa.eu/madb/datasets/


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In case of joint tender, the cover letter must be signed either by an authorised representative for each member, or by the leader authorised by the other members with powers of attorney. The signed powers of attorney must be included in the tender as well. Subcontractors that are identified in the tender must provide a letter of intent signed by an authorised representative stating their willingness to provide the services presented in the tender and in line with the present tender specifications.

The tenderer (and each member of the group in case of a joint tender) must declare whether it is a Small or Medium Size Enterprise in accordance with Commission Recommendation 2003/361/EC. This information is used for statistical purposes only.

2. TECHNICAL SPECIFICATIONS

2.1. Mission statement of the Directorate General for Trade

The European Commission's Directorate-General for Trade implements the EU's trade policy in order to help secure prosperity, solidarity and security in Europe and around the globe. DG Trade contributes to shaping a trade environment that is good for European citizens and European business. DG Trade is committed to liberalising world trade and fostering sustainable economic, social and environmental development, thereby boosting competitiveness, jobs and growth. DG Trade has a full agenda: negotiating bilateral and multilateral trade agreements, ensuring that the rules we agree with other countries are actually applied, and working closely with the WTO and other multilateral institutions. This allows us to tackle international trade and trade barriers and unfair trade practices, backed up — where needed — by EU legislation. Our aim is to meet the challenges posed by globalisation and to ensure that as many people as possible can seize the opportunities it offers. DG Trade covers all areas of activity from manufactured goods to services, intellectual property and investment. We ensure that European businesses can operate fairly in the EU and across the world and we are ready to make full use of our powers to tackle unfair competition, dumping and subsidisation. DG Trade works closely with many other Commission departments — both those shaping our external agenda and those making sure the EU's internal market works — in order to deliver joined up, coherent policies that strengthen Europe's voice in the world and allow people to learn from our experience of integration. The EU's success in Europe is inextricably bound to the success of our trading partners, both in the developed and developing world. As the EU's negotiator in most areas, DG Trade's success is equally dependent on its close working relationship with the European External Action Service (EEAS), other European institutions and with the Member States. See also: http://ec.europa.eu/trade/whatwedo/work/index_en.htm

http://ec.europa.eu/trade/whatwedo/work/index_en.htm


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2.2. General objectives of the project

The Market Access Database (http://madb.europa.eu) is an important operational tool of the European Union’s Market Access Strategy, supporting a continuous three-way exchange of information between the EU institutions, Member States and European businesses. The Market Access Strategy is a key pillar of the EU’s Trade Policy which aims to reduce obstacles faced by European exporters of goods and services.

In the framework of the Commission’s Market Access Strategy, the Market Access Database, available to all economic operators throughout the EU and acceding/candidate countries via the Internet, has been set up and progressively developed in order to meet the following needs:

• To provide basic information of interest to EU exporters on import requirements in country markets outside the EU (e.g. import duties, related taxes, information on “Rules of Origin”, documentary import requirements applicable in export markets and trade statistics);

• To provide an interactive means of communication between business and the European authorities, allowing an exchange of information online.

Among the main sections of the Commission’s Market Access Database currently available, the “Tariffs” section contains information in English on import duties and internal taxes applicable in numerous non-EU countries.

The “Procedures and Formalities” section contains information in English on documentation requirements for the entry of imported goods and for putting them on the market of numerous non-EU countries.

The information in the “Procedures and Formalities” section is structured into “General requirements” if applicable to all goods, and “Specific requirements” if only applicable to specific goods. In addition, the “Procedures and Formalities” section gives a country overview of import procedures. The information in both “Tariffs” and “Procedures and Formalities” is related to the standard Harmonized System (HS)11 codes.

2.3. Specific objectives of the project

The objectives of the current project, which is tendered by DG Trade, are:

a) Lot 1: To procure data in an electronic format compatible with the Commission’s Market Access Database (http://madb.europa.eu) on the rates of import duties applicable to goods imported in the customs areas currently included in the “Tariffs” section” of the Market Access Database. It is to be noted that information on “Rules of Origin” is excluded from this procurement.

b) Lot 2: To procure data in an electronic format compatible with the Commission’s Market Access Database (http://madb.europa.eu) on the internal taxes applicable to goods imported in the customs areas currently included in the “Tariffs” section” of the Market Access Database.

11 http://www.wcoomd.org/en/topics/nomenclature/overview/what-is-the-harmonized-system.aspx

http://madb.europa.eu/


http://madb.europa.eu/madb/datasetPreviewFormATpubli.htm?datacat_id=AT&from=publi




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c) Lot 3: To procure data in an electronic format compatible with the Commission’s Market Access Database (http://madb.europa.eu) on the documentation requirements applicable to goods imported into the customs areas currently included in the “Procedures and Formalities” section of the Market Access Database.

d) To keep the data procured updated over the total duration of the relevant specific contract.

2.4. Work to be carried out

The contractor(s) will need to supply and update during the period referred to in the relevant specific contract, the data on import duties (lot 1), on internal taxes (lot 2) and the documentation requirements (lot 3) for goods imported in the customs areas referred to in the relevant specific contract.

The contractor(s) will handle information requests related to the data supplied which may originate within the Commission services of from users of the MADB outside the Commission.

Minimum requirements:

- The contractor(s) shall be ready to provide upon Commission’s request, and according to the relevant specific contract based on the FWC resulting from this tender, data on at least the 121 countries currently included in the MADB:

AFGHANISTAN, ALBANIA, ALGERIA, ANGOLA, ARGENTINA, ARMENIA, AUSTRALIA, AZERBAIJAN, BAHAMAS, BAHRAIN, BANGLADESH, BARBADOS, BELARUS, BELIZE, BENIN, BERMUDA, BOLIVIA, BOSNIA AND HERZEGOVINA, BOTSWANA, BRAZIL, BRUNEI, CAMEROON, CAMBODIA, CANADA, CHILE, CHINA, COLOMBIA, CONGO (Democratic Republic of), CONGO (Republic of), COSTA RICA, CÔTE D’IVOIRE, CUBA, DOMINICAN REPUBLIC, ECUADOR, EGYPT, EL SALVADOR, ETHIOPIA, FIJI, FYRO MACEDONIA, GABON, GEORGIA, GHANA, GUATEMALA, GUINEA, GUYANA, HAITI, HONDURAS, HONG KONG, ICELAND, INDIA, INDONESIA, IRAN, IRAQ, ISRAEL, JAMAICA, JAPAN, JORDAN, KAZAKHSTAN, KENYA, KOSOVO, KUWAIT, KYRGYZSTAN, LAOS, LEBANON, LIBERIA, LIBYA, MADAGASCAR, MALAYSIA, MALI, MAURITANIA, MAURITIUS, MEXICO, MOLDOVA, MONTENEGRO, MOROCCO, MOZAMBIQUE, MYANMAR, NAMIBIA, NEW ZEALAND, NICARAGUA, NIGERIA, NORWAY, OMAN, PAKISTAN, PANAMA, PAPUA NEW GUINEA, PARAGUAY, PERU, PHILIPPINES, QATAR, RUSSIAN FEDERATION, SAINT LUCIA, SAUDI ARABIA, SENEGAL, SERBIA, SINGAPORE, SOUTH AFRICA, SOUTH KOREA, SRI LANKA, SUDAN, SWITZERLAND, SYRIA, TAIWAN, TAJIKISTAN, TANZANIA, THAILAND, TOGO, TRINIDAD AND TOBAGO, TUNISIA, TURKEY, TURKMENISTAN, UGANDA, UKRAINE, UNITED ARAB EMIRATES, UNITED STATES OF AMERICA, URUGUAY, UZBEKISTAN, VENEZUELA, VIETNAM, YEMEN, ZIMBABWE.

- Updates need to be provided on a regular basis, and at least every 4 months, for the total duration of the tasks.

- The data shall be freely accessible to at least all EU located users and companies registered in the EU.


http://madb.europa.eu/madb/datasetPreviewFormIFpubli.htm?datacat_id=IF&from=publi


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It is permissible to submit an offer for one, two or for all three lots.

3. CONTENT AND FORMAT OF THE DELIVERABLES

The contractor must provide the following deliverables as indicated below.

3.1. Content

a) For lot 1:

The contractor shall deliver in English, according to the standard HS classification12 used in the countries concerned, at the deepest possible level of nomenclature and in the electronic format described in the “Technical Requirements”, Annex 1, Section I, the information on customs tariffs applicable to relevant HS codes.

The contractor shall deliver an initial dataset to be included in the “Tariffs” section of Market Access Database, covering the customs areas referred to in the relevant specific contract concluded under this FWC and keep the data procured updated over the duration of the relevant specific contract. The purpose of the initial data sets and updates is to ensure that the customs area data provides an accurate and up-to-date view of the tariffs applicable.

If no updates are required due to the fact that there have been no changes to the applied import duties applicable in the customs areas for which data shall be supplied by the successful tenderer, the latter shall inform the Commission and provide a declaration of honour in accordance with the provisions of the standard contract attached to this invitation to tender.

Content of the initial datasets and the updates for tariffs:

• The general autonomous import duty rate applicable to non-WTO Members (where available)

• The Most Favoured Nation (MFN) duty rate

• Tariff quotas and tariff suspensions applicable on an erga omnes basis

• Preferential duty rates applicable to EU products in the framework of preferential bilateral trade agreements (the dismantling schedule as shown for Canada in the Market Access Database is not part of this tender)

• Preferential quotas opened for EU products in the framework of preferential bilateral trade agreements

• Tariff related notes

• A list of countries the originating products of which are eligible for preferential treatment

• An indication as to the basis of customs valuation 12 http://www.wcoomd.org/en/topics/nomenclature/overview/what-is-the-harmonized-system.aspx



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• An indication regarding the date of validity of the data

• An overview of the changes compared to previous datasets (in case of updates) to be posted in the “Latest updates” section of the Market Access Database.

b) For lot 2:

The contractor shall deliver in English, according to the standard HS classification used in the countries concerned, at the deepest possible level of nomenclature and in the electronic format described in the “Technical Requirements”, Annex 1, Section II, the information on internal taxes applicable to relevant HS codes.

The contractor shall deliver an initial dataset to be included in the “Tariffs” section of Market Access Database, covering the customs areas referred to in the relevant specific contract concluded under this FWC and keep the data procured updated over the duration of the relevant specific contract. The purpose of the initial data sets and updates is to ensure that the customs area data provides an accurate and up-to-date view of the taxes applicable.

If no updates are required due to the fact that there have been no changes to the taxes applicable in the customs areas for which data shall be supplied by the successful tenderer, the latter shall inform the Commission and provide a declaration of honour in accordance with the provisions of the standard contract attached to this invitation to tender.

Content of the initial datasets and the updates for internal taxes:

• All turnover tax rates (e.g. VAT, sales tax) levied at the border before entry in free circulation, and their basis of calculation

• Excise duty rates (e.g. taxes on tobacco or alcoholic products) levied at the border before entry into free circulation, and their basis of calculation

• An indication as to the assessment basis

• An indication regarding the date of validity of the data

• An overview of the changes compared to previous datasets (in case of updates) to be posted in the “Latest updates” section of the Market Access Database.

c) For lot 3:

The contractor shall deliver in English, according to the standard HS classification used in the countries concerned, at the deepest possible level of nomenclature and in the electronic format described in the “Technical Requirements”, Annex 1, Section III, the information on import requirements applicable to relevant HS codes, at the deepest possible level of detail.

The contractor shall deliver the introductory texts (country overview, general requirements and specific requirements) documents and sample of forms to be used for imported goods. The term “document”, as used in these terms of reference, includes documentary requirements, even is no specific form or any other data requirement is prescribed.

The contractor shall deliver an initial dataset to be included in the “ Procedures and Formalities” section of the Market Access Database, covering the customs areas referred to in





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the relevant specific contract concluded under this FWC and keep the data procured updated over the duration of the relevant specific contract. The purpose of the initial data sets and updates is to ensure that the customs area data provides an accurate and up-to-date view of the import requirements applicable.

If no updates are required due to the fact that there have been no changes to the import requirements applied in the customs areas for which data shall be supplied by the successful tenderer, the latter shall inform the Commission and provide a declaration of honour in accordance with the provisions of the standard contract attached to this invitation to tender.

Content of the initial datasets and the updates for import formalities:

• Country overview

The overview shall contain horizontal information generally applicable to all imported goods and information which cannot be linked to specific goods (e.g. “products getting in contact with the skin”). The pattern used for the documentation needs (see the sample of import overview in Annex 1, chapter 4) shall be used as a guideline concerning the type of information to be included and the structure of the text. It may be necessary to include further topics. In any case it has to contain a reference to the date of validity of the data displayed (the latest date the contractor has checked the validity of the data and made the changes, if necessary), and a short description at the top of the section, of the changes made compared to the previous version.

In addition, information on investment and government procurement shall be included if imports for such purposes are exempted from requirements which are applicable for other goods.

• General requirements

This section refers to documents which are needed for all goods, such as commercial documents (invoice, packing list, product specification), documents for customs clearance (customs declaration and declaration of dutiable value), freight documents, certificates of origin if preferential treatment may be obtained, and any other documents that may be required by the buyer or the customs or any other administration. The indicative list of general requirements contained in the sample overview shown in Annex 1, chapter 4 may serve as a guideline. The introductory text shall give a brief description of the document’s purpose or content; indicate where and from whom the document may be obtained, the number of copies needed and the language requirements. It shall contain any further information considered to be useful for European exporter. The translation/explanation in English of forms to be used, or if no special form is prescribed, the minimum content required, shall be given here.

• Specific requirements

This section contains documents required by the buyer or customs, or any other administration, for specific goods identified by the relevant HS code, irrespective of whether such documents are needed for customs clearance or putting the goods on the market. The indicative list of specific requirements contained in the sample overview shown in Annex 1, chapter 4 may serve as a guideline. The introductory text for each document shall mention its purpose, indicate whether it is needed for customs clearance or for putting goods on the market. It shall also indicate the issuing authority with its address and telephone number, the language in which it has to be filled in, the person who may apply for it, the costs and


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duration of issuing the document, an any other information considered to be useful for the European exporter. The English translation/explanation of forms to be used or, if no special form is prescribed, the minimum content required, shall be given here.

There will be cases where a specific requirement is not applicable to all goods covered by the given HS code or apply to only a few of them. In that case, a list of inclusions (“only required for”) or exclusions (“not required for”) must be provided.

• An overview of the changes compared to previous datasets (in case of updates), including a summary of changes last made to the data, to be posted on the webpages which display the results of queries made by users in the “Import formalities” section, as well as in the “Latest updates” section of the Market Access Database.

3.2. Format

For lot 1, the deliverables must comply with the technical requirements stated in Annex 1, Section I.

For lot 2, the deliverables must comply with the technical requirements stated in Annex 1, Section II.

For lot 3, the deliverables must comply with the technical requirements stated in Annex 1, Section III.

3.3. Other conditions

The query system designed by the Commission will only allow internet users to consult tariffs and duties information and information on document requirements by entering a single product code, starting at the four-digit level, per query.

The data must be available in the Market Access Database as from 1 January 2019.

The data are to be continuously updated until the 31 December 2022. Moreover, the data will remain available in the Market Access Database at least up to six months after the contract has expired. After the expiry of the contract, the Commission reserves the right to use the data internally.

The tenderers shall take note that in case of late delivery of the data compared to the working plan set out in their offer, the Commission may impose, inter alia, liquidated damages taking into account the provisions of Articles I.13 and II.15 of the model contract (Annex 4).

4. EVALUATION AND AWARD

The evaluation is based solely on the information provided in the submitted tender. It involves the following:

• Verification of non-exclusion of tenderers on the basis of the exclusion criteria

• Selection of tenderers on the basis of selection criteria


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• Verification of compliance with the minimum requirements set out in these tender specifications

• Evaluation of tenders on the basis of the award criteria

The contracting authority may reject abnormally low tenders, in particular if it established that the tenderer or a subcontractor does not comply with applicable obligations in the fields of environmental, social and labour law.

The tenders will be assessed in the order indicated above. Only tenders meeting the requirements of one step will pass on to the next step.

4.1. Verification of non-exclusion

All tenderers must provide a declaration on honour (see Annex 2), signed and dated by an authorised representative, stating that they are not in one of the situations of exclusion listed in that declaration on honour.

In the case of a joint tender, each member of the group must provide a declaration on honour signed by an authorised representative.

In the case of subcontracting, subcontractors whose capacity is necessary to fulfil the selection criteria must provide a declaration on honour signed by an authorised representative.

The contracting authority reserves the right to verify whether the successful tenderer is in one of the situations of exclusion by requiring the supporting documents listed in the declaration on honour.

The successful tenderer must provide the documents mentioned as supporting evidence in the declaration on honour before signature of the contract and within a deadline given by the contracting authority. This requirement applies to each member of the group in the case of a joint tender and to all whose capacity is necessary to fulfil the selection criteria.

The obligation to submit supporting evidence does not apply to international organisations.

A tenderer (or a member of the group in the case of a joint tender, or a subcontractor) is not required to submit the documentary evidence if it has already been submitted for another procurement procedure and provided the documents were issued not more than one year before the date of their request by the contracting authority and are still valid at that date. In such cases, the tenderer must declare on its honour that the documentary evidence has already been provided in a previous procurement procedure, indicate the reference of the procedure and confirm that that there has been no change in its situation. A tenderer (or a member of the group in the case of a joint tender, or a subcontractor) is not required to submit a specific document if the contracting authority can access the document in question on a national database free of charge.

4.2. Selection criteria

Tenderers must prove their legal, regulatory, economic, financial, technical and professional capacity to carry out the work subject to this procurement procedure.


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The tenderer may rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the contracting authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing an undertaking on the part of those entities to place those resources at its disposal.

The tender must include the proportion of the contract that the tenderer intends to subcontract.

The tenderer (and each member of the group in the case of a joint tender) must declare whether it is a Small or Medium Size Enterprise in accordance with Commission Recommendation 2003/361/EC. This information is used for statistical purposes only.

4.2.1. Declaration and evidence The tenderers (and each member of the group in the case of a joint tender) and subcontractors whose capacity is necessary to fulfil the selection criteria must provide the declaration on honour (see Annex 2), signed and dated by an authorised representative, stating that they fulfil the selection criteria applicable to them. In the case of a joint tender or subcontracting, the criteria applicable to the tenderer as a whole will be verified by combining the various declarations for a consolidated assessment.

This declaration is part of the declaration used for exclusion criteria (see section 4.1) so only one declaration covering both aspects should be provided by each concerned entity.

The contracting authority will evaluate selection criteria on the basis of the declarations on honour and evidence in relation to technical and professional capacity. Nevertheless, it reserves the right to require evidence of the legal and regulatory, financial and economic capacity of the tenderers at any time during the procurement procedure and contract performance. In such a case the tenderer must provide the requested evidence without delay.

After contract award, the successful tenderer will be required to provide the evidence mentioned below before signature of the contract and within a deadline given by the contracting authority. This requirement applies to each member of the group in the case of a joint tender and to subcontractors whose capacity is necessary to fulfil the selection criteria.

A tenderer (or a member of the group in case of joint tender, or a subcontractor) is not required to submit the documentary evidence if it has already been submitted for another procurement procedure and provided the documents were issued not more than one year before the date of their request by the contracting authority and are still valid at that date. In such cases, the tenderer must declare on its honour that the documentary evidence has already been provided in a previous procurement procedure, indicate the reference of the procedure and confirm that that there has been no change in its situation. A tenderer (or a member of the group in case of joint tender, or a subcontractor) is not required to submit a specific document if the contracting authority can access the document in question on a national database free of charge.

4.2.2. Legal and regulatory capacity Where requested by the contracting authority, tenderers must prove that they are allowed to pursue the professional activity necessary to carry out the work subject to this call for tender.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:124:0036:0041:en:PDF

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:124:0036:0041:en:PDF


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4.2.3. Economic and financial capacity criteria The tenderer must have the necessary economic and financial capacity to perform this contract until its end. In order to prove their capacity, the tenderer must comply with the following selection criterion.

Turnover of the last two financial years above EUR 1.000.000,00 (one million) per year; this criterion applies to the tenderer as a whole, i.e. the combined capacity of all members of a group in the case of a joint tender.

On request from the contracting authority, the tenderer should be able to provide the following evidence at short notice:

- Copy of the profit and loss accounts and balance sheet for the last two years for which accounts have been closed from each concerned legal entity;

- Failing that, appropriate statements from banks;

If, for some exceptional reason which the contracting authority considers justified, a tenderer is unable to provide one or other of the above documents, it may prove its economic and financial capacity by any other document which the contracting authority considers appropriate. In any case, the contracting authority must at least be notified of the exceptional reason and its justification. The Commission reserves the right to request any other document enabling it to verify the tenderer's economic and financial capacity.

4.2.4. Technical and professional capacity criteria and evidence

A. Criteria relating to tenderers

Tenderers (in the case of a joint tender the combined capacity of all members of the group and identified subcontractors) must comply with the criteria listed below.

The project references indicated below consist in a list of relevant services provided in the past three years, with the sums, dates and clients, public or private, accompanied by statements issued by the clients.

- Criterion A1: the tenderer must prove knowledge in the field of the Harmonized Commodity Description and Coding System generally referred to as "Harmonized System" including practical experience in the classification of goods as well as in the field of customs duties (for lot 1), taxation (for lot 2) and of specific import procedures and formalities and official customs procedures (for lot 3). In particular for lot 1 the tenderer must demonstrate thorough knowledge of the structure of the tariff schedules in terms of Harmonised System nomenclature and sub-divisions, the frequency of revisions, the nature of the tariffs (specified or ad valorem).

Evidence A1: the tenderer must provide references for 3 similar database projects covering the tasks described in point 3 that were carried out (but not necessarily finalised) in the last 3 years under his direct responsibility which would prove merit and experience in trade related legislation and in classifying goods.

- Criterion A2: The tenderer must prove knowledge and experience in the field of collecting data.


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Evidence A2: the tenderer must provide references for 3 similar database projects covering the tasks described in point 3 and that were carried out in the last 3 years (but not necessarily finalised) under his direct responsibility which would prove experience in the collecting of data.

Where the tenderer wishes to sub-contract or otherwise rely on the capacities of other entities, it must in that case prove that it will have at its disposal the resources necessary for performance of the contract, for example by producing an undertaking on the part of those entities to place those resources at its disposal.

Where the successful tenderer is an individual, a partnership of individuals, or a sole trader, it will be expected to demonstrate that continuity of service can be guaranteed. The Commission will consider, inter alia, the risk to successful project completion that would be occasioned by the death or resignation of one or more of the individuals involved.

B. Criteria relating to the team delivering the service:

The team delivering the service should cover, as a minimum, the following expertise:

- trade law and customs procedures in general;

- the Harmonized System for the classification of goods;

- data processing;

- customs duties (in relation to lot 1);

- taxation (in relation to lot 2).

Evidence of the technical and professional capacity of the team proposed may be furnished on the basis of detailed CVs (must be included in the offer) providing details of educational and professional qualifications of all the proposed experts providing the services. This should clearly indicate for the team as a whole: the knowledge and experience with a minimum of three years in delivering services in the same or similar areas of expertise as mentioned above. Each CV should indicate the intended function in the delivery of the service and the area of expertise. In addition, each team member shall sign a statement of exclusivity and availability (see annex 2).


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4.3. Award criteria

The contract will be awarded based on the most economically advantageous tender, according to the 'best price-quality ratio' award method. The quality of the tender will be evaluated based on the following criteria. The maximum total quality score is 100 points.

No Qualitative award criteria Weighting (maximum points)

1. Data collection methodology: quality of and access to local data sources, including the existence, quality and strength of contractual arrangements

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2. Quality assurance methodology: demonstration of specific knowledge and description of the analytical methodology, including the list of steps and/or checks performed to ensure the data is correct and complete

30

3. Approach of updating to be assessed on the basis of the proposed frequency of checks and updates and a concrete listing of situations triggering a check and necessary update of the dataset

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4. Quality of the required sample datasets and compliance with the technical requirements

15

5. Approach to the following up of information requests related to the data supplied to be assessed on the basis of a detailed procedural description of the handling of such enquiries

10

Total number of points

100

The evaluation board will compare the offers based on this score, it being clear that the Commission cannot be required to accept an offer the quality of which does not reach the minimum standard of 65%.

A minimum threshold of 50% will also be applied per criterion, meaning that the Commission will only assess further offers that obtain 50 % or more on a single criterion.

The sum of the price and quality criteria will result in a numerical score (e.g. 75%).


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4.4. Ranking of tenders The contract will be awarded to the most economically advantageous tender, i.e. the tender offering the best price-quality ratio determined in accordance with the formula below. A weight of 70/30 is given to quality and price.

score for tender X = cheapest price price of tender X

* 100 * price weighting (30%) + total quality score (out of 100)

for all award criteria of tender X * quality criteria weighting (70%)

The tender ranked first after applying the formula will be awarded the contract.

Enclosures of the Terms of reference:

Annex 1: Technical Requirements

Annex 2: Tender submission form including tenderer’s declaration, statement of exclusivity and availability, checklist of documents to be submitted

Annex 3: Quotation form for price

Annex 4: Model contract which will be proposed to the selected Contractor.


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ANNEX 1

TECHNICAL REQUIREMENTS


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Annex 1 - Technical requirements

1 SECTION I – APPLIED TARIFFS .......................................................................... 27

1.1 Introduction ..................................................................................................... 27

1.2 Overview of The Applied Tariffs section of the market access database ....... 27

1.2.1 The dataset ......................................................................................... 28

1.3 Content information ........................................................................................ 28

1.3.1 Reference codes ................................................................................. 28

1.3.2 Part code list ...................................................................................... 29

1.3.3 Basis code list .................................................................................... 30

1.3.4 Root of the nomenclature .................................................................. 30

1.3.5 Blank product ids .............................................................................. 31

1.3.6 Attribute "label" in <nomenLine> element ....................................... 31

1.3.7 List of countries in the preference regimes ....................................... 31

1.3.8 Triggering events info ....................................................................... 31

1.4 HTML Text formatting instructions ................................................................ 31

1.5 Quality criteria ................................................................................................. 32

1.5.1 Structured approach in expressing the duty measures ....................... 32

1.5.2 Structured approach in expressing duty formulas ............................. 32

1.5.3 Structured approach in expressing the tariff quotas .......................... 32

1.5.4 Relevance of displayed information .................................................. 32

1.5.5 Modification summary ...................................................................... 33

1.5.6 Public Modif summary ...................................................................... 33

1.5.7 Preference regime .............................................................................. 33

1.6 Example XML files ......................................................................................... 33

1.6.1 Basic example file ............................................................................. 33

1.6.2 Example file for formulas ................................................................. 33

1.7 Check compliance tool .................................................................................... 33

2 SECTION II – INTERNAL TAXES ........................................................................ 34

2.1 Introduction ..................................................................................................... 34

2.2 Overview of The Internal Taxes section of the market access database ......... 34

2.2.1 The dataset ......................................................................................... 34

2.3 Content information ........................................................................................ 35


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2.3.1 Reference codes ................................................................................. 35

2.3.2 Root of the nomenclature .................................................................. 35

2.3.3 Blank product ids .............................................................................. 35

2.3.4 Attribute "label" in <nomenLine> element ....................................... 35

2.3.5 Triggering events info ....................................................................... 35

2.4 HTML Text formatting instructions ................................................................ 36

2.5 Quality criteria ................................................................................................. 36

2.5.1 Structured approach in expressing the taxes ..................................... 36

2.5.2 Relevance of displayed information .................................................. 36

2.5.3 Modification summary ...................................................................... 37

2.5.4 Public Modif summary ...................................................................... 37

2.6 Example XML files ......................................................................................... 37

2.6.1 Basic example file ............................................................................. 37

2.6.2 Tax notes example file ...................................................................... 37


3 SECTION III – IMPORT FORMALITIES .............................................................. 38

3.1 Introduction ..................................................................................................... 38

3.2 Overview of the import formalities section of the market access database .... 38

3.3 Dataset description .......................................................................................... 38

3.3.1 Structure ............................................................................................ 39

3.3.2 XML Content rules ............................................................................ 39

3.4 HTML Files formatting instructions ............................................................... 41

3.4.1 Document title of general/specific requirements ............................... 41

3.4.2 Example file ...................................................................................... 42

3.4.3 Example overview file (Indonesia) ................................................... 42


4 EXAMPLES AND OTHER RESOURCES .............................................................. 43


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1 SECTION I – APPLIED TARIFFS

1.1 Introduction The present annex lists the technical requirements applicable to the contractor's deliverables. Although great care has been given to the definition of the present technical requirements, DG Trade reserves the right to bring changes to them. In that case, an updated version of the technical requirements would be provided after the award of the contract. The URL of the public web site presenting the content of the datasets is http://madb.europa.eu. The public web site has the following functionalities:

• Search by product code and keyword, • Display of applied tariffs, • Display of tariff related notes.

Here is an example of applied tariffs display:

1.2 Overview of The Applied Tariffs section of the market access database The contractor delivers a separate file (called "dataset") for each country. The dataset is uploaded to an administration system hosted by DG Trade. The dataset undergoes an automated validation before being published as illustrated in the figure below.



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1.2.1 The dataset

All data pertaining to a given country must be delivered as a single zip file, called the country dataset or dataset. The naming convention for the dataset is: AASS-CCYY-UUv999 where

• AA = application (always "MA" for Market Access) • SS= section ("AT" for applied tariffs) • CC= country code • YY= contract year to which the dataset is related (note: a dataset delivered in

december 2018 for example might apply to contractual obligations related to year 2019 in which case YY must be set to '19')

• UU= update number (also a contractual notion : it is checked against the number of yearly updates the contractor has commited to)

• 999= a numeric version number for the update (no contractual semantics attached here)

Example: MAAT-AR19-02v001 is the 2nd update for applied tariffs of Argentina in 2019 The zip file contains a single XML file whose content and structure is further described in this document. Following the previous example the zip file must be called MAAT-AR19-02v001.zip and must contain an XML file named MAAT-AR19-02v001.xml The xml files provided by the contractor must be validated against the schema provided in annex document "at.xsd".

1.3 Content information 1.3.1 Reference codes

Some attributes defined in the XML schema correspond to codes whose values are available below. element / attribute Nomenclature update / countryIdUpdate country / countryId

Country codes: The country codes must comply with ISO2 alpha nomenclature.

specificRate / curr flatRate / curr

Currency codes: The currency codes comply with ISO 4217 nomenclature.

specificRate / unit measure unit codes : The UNECE's COMMON CODE must be used (http://www.unece.org/cefact/codesfortrade/codes_index.htm)

advaloremRate / part specificRate / part

part code (see list below)

advaloremRate / basis basis code (see list below)

http://www.unece.org/cefact/codesfortrade/codes_index.htm


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Note: A special "ZZZ9999" code has been created in the unit, qual and part nomenclature. This code is also known as the "catch-all" code. It can be used when a code needed by the contractor does not exist yet in DG Trade's nomenclatures. 1.3.2 Part code list

Part Id Label AG Silver ANHMOR anhydrous morphine AU Gold BATTERY Battery BIODIESEL biodiesel C2H5OH ethanol CASE case CASE_STP_BND_BCT on the case and strap, band or bracelet CHOCHL choline chloride CNT_CH on contents and container CO cobalt CR chromium CR2O3 chromic oxide CU copper DIESEL diesel DRYRUB dry rubber ENG_POW engine power ENT_CNT_CH on entire contents of container ENT_SET on entire set GASOLINE gasoline GRO_IMM_CH per gross of immediate containers H2O2 hydrogen peroxide INCL_WGT_CH including weight of container INT_VOL internal volume IR iridium METAL metal METAMI methylamines MG magnesium MILSOL milk solids MN manganese MO molybdenum MOV_CASE on the movement and case NH3 ammonia NI nickel OS osmium OTHER_COMP other components PB lead PT platinum RE rhenium


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REC_SUF of recording surface RU ruthenium RUBBER rubber SB antimony SCREENDIAG diagonal measurement of a screen SI silicon SN tin STP_BND_BCT on the strap, band or bracelet TOBACC tobacco TOTALC total alcohol TOTAL_QUANT_SOL total soluble solids TOTSUG total sugar V vanadium V2O5 vanadium pentoxide VAL_RIFLE on the value of the rifle VAL_TELSCP_SGT on the value of the telescopic sight W tungsten WO3 tungsten trioxide ZN zinc ZZZ999 ZZZ999 na na 1.3.3 Basis code list

Basis Id Label CFR CFR value CIF CIF value CIF1 (CIF + 1% CIF) CIP CIP value DPV DPV value FOB FOB value na na 1.3.4 Root of the nomenclature

The first line in the nomenclature corresponds to the root of the nomenclature and must be the following one: <nomenLine id="-1" fatherId="-1" hsCode="ROOT" label="ROOT"/> Chapters must refer to the root by having their fatherId attribute set to "-1". Example: <nomenLine id="0" fatherId="-1" hsCode="01" label="Chapter 1 Live animals"/>. In the same way, headings (4-digit product codes) must refer to the chapter, 6-digit product codes must refer to headings, etc.


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1.3.5 Blank product ids

The application supports blank product ids. In this case, the hsCode attribute of the nomenLine element must be set to "NONE" (in uppercase). Example: <nomenLine id="22" fatherId="21" hsCode="NONE" label="Domestic species:" indent="2"/> 1.3.6 Attribute "label" in <nomenLine> element

The leading dashes must not be provided; the attribute indent should be used to specify the number of hyphens in the classification. Blank labels are not allowed. 1.3.7 List of countries in the preference regimes

The complete list of countries belonging to a preference regime is provided. In xml terms, a countryGroup element is provided for each preference regime and this element contains the exhaustive list of covered countries.

1.3.8 Triggering events info

In order to connect dataset revisions with triggering events, a trigger element has been introduced: Attribute Definition Examples trigger element Textual description of the

triggering event. "Yearly customs tariff update", "Change in quotas", "Change in taxes", "Conclusion of preferential trade agreements"…

PubliDate attribute Date upon which the modifications are published by the national authorities and become available to the contractor.

ForceDate attribute

Starting date of validity for the new tariffs/tax conditions as expressed by national authorities = date upon which the new tariffs/tax conditions enter into force.

1.4 HTML Text formatting instructions The following elements support HTML tags:

• directNote • sectionNote


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• countryGroupDescr • indirectNote • tariffQuota

To add HTML tags, use the <![CDATA[ ]]> tags in order to prevent parsing and validation of the schema for those tags. Use only the following HTML subset of elements without inline styles:

• <p> for paragraphs • <ol>, <ul> and <li> for lists • <abbr> for abbreviations • <h1>, <h2> and <h3> for the titles • <strong> and <em> for important and emphasized content respectively • <a> for links (If the link points to another website, the target must be set to "external")

In the directNote element you can also add a reference to an indirectNote id, using the indirectNoteRef element. It will be used to reference it on the page, when displaying the page on the web.

1.5 Quality criteria 1.5.1 Structured approach in expressing the duty measures

When distinct duty measures apply to a given product code and given country group, those measures should be described using distinct measure elements within a single measureSet element. 1.5.2 Structured approach in expressing duty formulas

A textual representation of a formula should be used only when the XML schema does not provide appropriate modeling possibilities. In XML terms:

1) The textualRate element is used only when the formula cannot be expressed using formulaTerm tags such as advaloremRate, specificRate, compoundRate…

2) Optional notes attached to the formula and formulaTerm elements are used only when the concept cannot be expressed using formulaTerm elements.

1.5.3 Structured approach in expressing the tariff quotas

Any information related to tariff quota should be provided via ad hoc tariffQuota tags (instead of general purpose notes). 1.5.4 Relevance of displayed information

The hsInclusions elements included in productNote, prefNote, abrevNote and editorNote elements should contain the product codes at the right level of granulation. For example, excise tax measures of alcoholic beverages should be associated with appropriate HS codes (such as 2208) so that they will not be displayed in the context of say, mineral waters (code 2201).


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1.5.5 Modification summary

The modifSummary element should contain a text of appropriate length, commensurate with the importance of the modifications. 1.5.6 Public Modif summary

The field must be used to describe the changes made to the dataset. This field will be available on the public site on the tariffs page and the last updates page. The publicModifSummary accepts up to 3000 characters as is the case for the modifSummary. The text to be included in the "public modification summary" will not be standardised but is free format. It will co-exist with the modification summary that is included in the set of data submitted to the Market Access Unit's content manager for acceptance. However, while the latter is for internal use, the former will be displayed in the results page of a search for applied tariff information upon the click of a button. Therefore, data providers should pay particular attention to the clarity, wording and format of text to be inserted in this field, which should provide users with a clear idea of the changes made to the dataset, and it should contain a text which is commensurate in length and detail with the modifications made to the dataset. At the data provider's discretion, the contents of both fields may be identical. 1.5.7 Preference regime

A description of each preference regime should be provided in the countryGroupDescr element within the countryGroup element.

1.6 Example XML files 1.6.1 Basic example file See annex document MAAT-CA11-01v015.xml 1.6.2 Example file for formulas

In the following file, we focus on the modeling of the duty rate formulas. See annex document MAAT-ZA11-01v011.xml

1.7 Check compliance tool To validate the compliance of the datasets you could use the following tool: http://madb.europa.eu/madb/datasets/ This tool provides support and help during the creation of the datasets. The results of the analysis are not considered as a proof of the quality of the files.



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2 SECTION II – INTERNAL TAXES

2.1 Introduction The present annex lists the technical requirements applicable to the contractor's deliverables. Although great care has been given to the definition of the present technical requirements, DG Trade reserves the right to bring changes to them. In that case, an updated version of the technical requirements would be provided after the award of the contract. The URL of the public web site presenting the content of the datasets is http://madb.europa.eu. The public web site has the following functionalities:

• Search by product code and keyword, • Display of taxes

2.2 Overview of The Internal Taxes section of the market access database The contractor delivers a separate file (called "dataset") for each country. The dataset is uploaded to an administration system hosted by DG Trade. The dataset undergoes an automated validation before being published. 2.2.1 The dataset

All data pertaining to a given country must be delivered as a single zip file, called the country dataset or dataset.

The naming convention for the dataset is: AASS-CCYY-UUv999 where

• AA = application (always "MA" for Market Access) • SS= section ("IT" for internal taxes) • CC= country code • YY= contract year to which the dataset is related (note: a dataset delivered in

december 2018 for example might apply to contractual obligations related to year 2019 in which case YY must be set to '19')

• UU= update number (also a contractual notion : it is checked against the number of yearly updates the contractor has commited to)

• 999= a numeric version number for the update (no contractual semantics attached here)

Example: MAIT-CA19-03v001 is the 3rd update for internal taxes of Canada in 2019 The zip file contains a single XML file whose content and structure is further described in this document. Following the previous example the zip file must be called MAIT-CA19-03v001.zip and must contain an XML file named MAIT-CA19-03v001.xml



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The xml files provided by the contractor must be validated against the schema provided in annex document "it.xsd".

2.3 Content information 2.3.1 Reference codes

Some attributes defined in the XML schema correspond to codes whose values are available below. element / attribute Nomenclature update / countryIdUpdate country / countryId

Country codes: The country codes must comply with ISO2 alpha nomenclature.

2.3.2 Root of the nomenclature

The first line in the nomenclature corresponds to the root of the nomenclature and must be the following one: <nomenLine id="-1" fatherId="-1" hsCode="ROOT" label="ROOT"/> Chapters must refer to the root by having their fatherId attribute set to "-1". Example: <nomenLine id="0" fatherId="-1" hsCode="01" label="Chapter 1 Live animals"/>. In the same way, headings (4-digit product codes) must refer to the chapter, 6-digit product codes must refer to headings, etc. 2.3.3 Blank product ids

The application supports blank product ids. In this case, the hsCode attribute of the nomenLine element must be set to "NONE" (in uppercase). Example: <nomenLine id="22" fatherId="21" hsCode="NONE" label="Domestic species:" indent="2"/> 2.3.4 Attribute "label" in <nomenLine> element

The leading dashes must not be provided; the attribute indent should be used to specify the number of hyphens in the classification. Blank labels are not allowed. 2.3.5 Triggering events info

In order to connect dataset revisions with triggering events, a trigger element has been introduced: Attribute Definition Examples trigger element Textual description of the

triggering event. "Yearly customs tariff update", "Change in quotas", "Change in taxes", "Conclusion of preferential


36

trade agreements"…

PubliDate attribute Date upon which the modifications are published by the national authorities and become available to the contractor.

ForceDate attribute

Starting date of validity for the new tariffs/tax conditions as expressed by national authorities = date upon which the new tariffs/tax conditions enter into force.

2.4 HTML Text formatting instructions The following elements support HTML tags:

• taxFormulaNote • directNote • sectionNote

To add HTML tags, use the <![CDATA[ ]]> tags in order to prevent parsing and validation of the schema for those tags. Use only the following HTML subset of elements without inline styles:

• <p> for paragraphs • <ol>, <ul> and <li> for lists • <abbr> for abbreviations • <h1>, <h2> and <h3> for the titles • <strong> and <em> for important and emphasized content respectively • <a> for links (If the link points to another website, the target must be set to "external")

In the directNote element you can also add a reference to an indirectNote id, using the indirectNoteRef element. It will be used to reference it on the page, when displaying the page on the web.

2.5 Quality criteria 2.5.1 Structured approach in expressing the taxes

The description of the tax duty and the applicability conditions should be clearly separated in respectively the taxFormulaNote and taxConditions elments. 2.5.2 Relevance of displayed information

The hsInclusions elements included in taxNote, productNote, prefNote, abrevNote and editorNote elements should contain the product codes at the right level of granulation.


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For example, excise tax measures of alcoholic beverages should be associated with appropriate HS codes (such as 2208) so that they will not be displayed in the context of say, mineral waters (code 2201). 2.5.3 Modification summary

The modifSummary element should contain a text of appropriate length, commensurate with the importance of the modifications. 2.5.4 Public Modif summary

The field must be used to describe the changes made to the dataset. This field will be available on the public site on the tariffs page and the last updates page. The publicModifSummary accepts up to 3000 characters as is the case for the modifSummary. The text to be included in the "public modification summary" will not be standardised but is free format. It will co-exist with the modification summary that is included in the set of data submitted to the Market Access Unit's content manager for acceptance. However, while the latter is for internal use, the former will be displayed in the results page of a search for applied tariff information upon the click of a button. Therefore, data providers should pay particular attention to the clarity, wording and format of text to be inserted in this field, which should provide users with a clear idea of the changes made to the dataset, and it should contain a text which is commensurate in length and detail with the modifications made to the dataset. At the data provider's discretion, the contents of both fields may be identical.

2.6 Example XML files 2.6.1 Basic example file See annex document MAIT-CA11-01v015.xml 2.6.2 Tax notes example file

In this section, we focus on the "additional duties and taxes" section of the applied tariffs application. See annex document MAIT-Z211-01v016.xml




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3 SECTION III – IMPORT FORMALITIES

3.1 Introduction

The present annex lists the technical requirements applicable to the contractor's deliverables. The document also contains an overview of the export formalities section of the Market Access database and a description of the workflow of the delivery process. Although great care has been given to the definition of the technical requirements, DG Trade reserves the right to make changes to them during the contracting period.

3.2 Overview of the import formalities section of the market access database

The contractor delivers a file (called "dataset") for each country. The dataset is uploaded to an administration web site hosted by DG Trade. The dataset undergoes an automated validation before being published. All data pertaining to a given country must be delivered as a single zip file, called the country dataset or dataset. The data are processed and presented ont the MADB public web site: http://madb.europa.eu. The public web site has the following functionalities:

• search the database by country and by product (HS code or keyword), • provide an overview of the import procedures and formalities for a given country • provide the list of applicable procedures and formalities for given country and product code, • provide a detailed explanation of import formalities/procedures,

Here is an example of an overview of import procedures and formalities:

3.3 Dataset description



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All data pertaining to a given country must be delivered as a single zip file, called the country dataset or dataset. The naming convention for the dataset is: AASS-CCYY-RRv999 where

• AA = application (always "MA" for Market Access) • SS= section ("IF" for import formalities) • CC= country code • YY= contract year to which the dataset is related (note: a dataset delivered in December 2014

for example might apply to contractual obligations related to year 2018 in which case YY must be set to '19')

• RR= revision number. The revision is a contractual notion: it is checked against the number of yearly updates the contractor has committed to. A new revision number may be assigned to a dataset only if the content has been updated.

• 999= a numeric version number for the update (no contractual semantics attached here). The version number may be used freely by the contractor to reflect presentation or technical changes.

Example: MAIF-AR19-02v004 is the 2nd revision for applied tariffs of Argentina in 2019. 3.3.1 Structure

The zip file contains all the files of the dataset:

• The XML file. The XML file must use the naming convention described above. See the content details in the next sections.

• Documents corresponding to introductory texts (overview, general requirements, specific requirements). The overview and the introductory texts for each of the general and specific requirements as described above under "Introductory Texts" must be provided in separate html files.

• Images: In the cases where there is a form that has to be filled by the exporter, a bitmap image of this form (GIF format) is required and the text must contain an HTML link to this image. It is also required to reference the source and when applicable the link to the form document from the source.

Following the previous example the zip file must be called MAIF-AR19-02v004.zip and the main XML file must be called MAIF-AR19-02v004.xml.

See annex document if.xsd. The xml dataset must be valid against this schema. 3.3.2 XML Content rules 3.3.2.1 Inclusion and Exclusion Specific requirements are assigned to 4-digit HS codes (using the hs_code element).

There will be situations where a specific requirement is not applicable to all goods covered by the four-digit HS. There are 2 possible ways of expressing this:

• using the inclusions element in order to expressed all covered cases

• using the exclusions element in order to express that the requirement is generally applicable except for the case(s) expressed in the exclusion element.

The inclusions and exclusions are often expressed as a list of product codes (under a given four-digit HS code) but can also refer to other applicability conditions. They can also mix HS code related conditions with other applicability conditions. Here are a few examples:

• Only required for 2933.39, 2933.49, 2933.53, 2933.59, 2933.79, 2933.99


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• Not required for 0210.11, 0210.12, 0210.19. • Only required for uncured hides and skins • Only required if subject to CITES • Only required for 9404.90 if containing eiderdowns • Only required for 9505.10 if aerosol sprays containing CFCs • Only applicable to products outside the range of 8-26% milk fat content (usually falling

outside 0402.21.11, 0402.29.11) • Only prohibited for 0206.30, 0206.41, 0206.49

Type of inclusion or exclusion

XML elements Example of note (inclu_note or exclu_note)

Inclusion expressed as a series of included HS codes

inclu_note : mandatory inclu_list : mandatory exclu_note: no exclu_list: no If inclu_note is non null, MADB displays inclu_note, otherwise MADB constructs a note based on the HS codes listed in inclu_list. The constructed note starts with "Only required for".

Only required for 2933.39, 2933.49, 2933.53, 2933.59, 2933.79, 2933.99.

Exclusion expressed as a series of exclude HS codes

inclu_note : no inclu_list : no exclu_note: mandatory exclu_list: mandatory If exclu_note is non null, MADB displays exclu_note, otherwise MADB constructs a note based on the HS codes listed in exclu_list. The constructed note starts with "Not required for".

Not required for 0210.11, 0210.12, 0210.19

Inclusion, unrelated to HS codes

inclu_note : mandatory inclu_list : no exclu_note: no exclu_list: no MADB displays the inclu_note.

Only required for uncured hides and skins.

Exclusion, unrelated to HS codes

inclu_note : no inclu_list : no exclu_note: mandatory exclu_list: no MADB displays the exclu_note.

Not applicable if fibre/non woven

Inclusion, expressed as a mix of HS code related and non HS code related conditions.

inclu_note : mandatory inclu_list : mandatory exclu_note: no exclu_list: no

Only required for 0205.00.20, 0205.00.80 if covered by CITES convention


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MADB displays the inclu_note.

Exclusion, expressed as a mix of HS code related and non HS code related conditions.

inclu_note : no inclu_list : no exclu_note: mandatory exclu_list: mandatory MADB displays the exclu_note.

Not applicable to 0105.99 if poultry not older than one week and if poultry intended for production purposes

3.3.2.2 Note wording Inclusion notes must start with one of the following phrases:

• "Only required" • "Only applicable" • "Only prohibited"

Exclusion notes must start with one of the following phrases: • "Not required" • "Not applicable" • "Not prohibited"

3.3.2.3 ModifSummary element The modifSummary element must be used by the contractor to inform DG Trade of modifications introduced in the current revision with comparison to the previous revision. This info is for internal use only and is not displayed on the public web site. Here is an example of modifSummary content: The import documentation for Libya has been completely reviewed and adapted to new regulations. The document entitled "Trade Name Registration" has been incorporated into the report. Due to further liberalisation efforts, the documents entitled "Contract on the Importation of Goods" and "Registration with the General Company for Stationary and Office Equipment Supplies" are no longer required and thus has been excluded from the documentation. The form of the document entitled "Registration with the National Supply Corporation" has been exchanged by an enhanced version and the procedure has been adapted to the current legislation. Several other documents have been updated with regard to various details. Specific measures have been taken to encourage private trade and gradually withdraw government involvement, e.g. previous monopolies have been softened and the banking sector allows for more diversity as to the choice of the hard currency to be used in the transaction and the commercial bank. As a consequence, the following documents have been altered: "Opening of a Foreign Currency Account", "Application for Foreign Capital Investment", "Registration with the NASCO" and

3.4 HTML Files formatting instructions

Use an individual HTML file for each overview or general/specific requirement. 3.4.1 Document title of general/specific requirements MADB uses the text provided in XML element doc_label to construct the page displaying the general or specific requirement.


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Please take note of the following requirements: • The title of the document must not be included in the html (otherwise it would appear twice). • The file does not contain the list of general and specific documents. This list is generated

automatically by DG Trade using the XML file. • The file does not contain a table of contents.

Use only the following HTML subset of elements without inline styles:

• <p> for paragraphs • <ol>, <ul> and <li> for lists • <abbr> for abbreviations. Include all the acronym and abbreviations inline, avoid a

glossary of terms. • <h1>, <h2> and <h3> for the section titles. It is very important to use first <h1> for

main division , then <h2> and finally <h3> • <strong> and <em> for important and emphasized content respectively • <a> for links (If the link points to another website, the target must be set to "external") • <table>, <tr>, <th> and <td> only for tabular data. Tables should not be used as layout

aids. • <img> for including images. The attribute alt is mandatory to be filled with the

alternative text of the image. • <address> for addresses. Use <br>s inside to break the text in lines. • <cite> for citations or references to other sources, for example Official Journal or legal

text references 3.4.2 Example file The following example xml file contains information pertaining to Iran and the following HS codes:

• 1507 (example with one specific requirement and no inclusions nor exclusions), • 2933 (example with one specific requirement having an inclusions list) • 0210 (example with a few specific requirements, two of them having an exclusions list).

See annex document MAIF-IR10-01v003.xml 3.4.3 Example overview file (Indonesia) See annex document overview.html




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4 EXAMPLES AND OTHER RESOURCES

You will find below all the resources referenced in this document:

• at.xsd (Applied Tariffs XML schema) • it.xsd (Internal Taxes XML schema) • if.xsd (Import Formalities XML schema) • MAAT-ZA11-01v011.xml (Applied Tariffs example) • MAAT-CA11-01v015.xml (Applied Tariffs example) • MAIT-Z211-01v016.xml (Internal Taxes example) • MAIT-CA11-01v015.xml (Internal Taxes example) • MAIF-IR10-01v003.xml (Import Formalities example) • overview.html (Import Formalities example)

MAAT-ZA11-01v011.xml

MAAT-CA11-01v015.xml

it.xsd if.xsd at.xsd

overview.html MAIT-Z211-01v016.xml

MAIT-CA11-01v015.xml

MAIF-IR10-01v003.xml


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ANNEX 2 TENDER SUBMISSION FORM

DECLARATION ON HONOUR ON EXCLUSION AND SELECTION CRITERIA

STATEMENT OF EXCLUSIVITY AND AVAILABILITY

CHECKLIST OF DOCUMENTS TO BE SUBMITTED


45

(preferably on headed notepaper of the tenderer)

TENDER SUBMISSION FORM

(To be completed by the authorised representative of the tenderer)

Contract to […] Publication reference: _______________________________________________________________________

1 SUBMITTED by

Tenderer name *

* In the case of a joint tender, insert the agreed name of the consortium

2 STATEMENT I, the undersigned, being the authorised representative of the above tenderer (including all partners, in the case of a joint tender), hereby declare that we have examined and accept without reserve or restriction the entire contents of the tender dossier for the tender procedure referred to above. We offer to provide the services requested in the tender dossier on the basis of the following documents, which comprise our technical and financial offer:

Declaration on honour on exclusion and selection criteria and all documents as specified in the tender specifications

Statements of exclusivity and availability signed by each of the team members Description of the organisation & methodology Team members (comprising a list of the team members and their CVs) Unit prices quote, using the model in Annex 3 of the Terms of Reference.

[If applicable: We retain full liability towards the Commission for performance of the contract as a whole, including for the parts of the services for which we have stated our intention to sub-contract in the Organisation and Methodology.] [If applicable: We declare that we are a Small or Medium Size Enterprise in accordance with Commission Recommendation 2003/361/EC.] This tender is subject to acceptance within the validity period stipulated in the “Invitation to tender”. Signed on behalf of the tenderer.

Name

Signature

Date


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(Preferably on headed notepaper of the tenderer:) ////Version March 2016 Comments [in grey italics in square brackets] are to be deleted and/or replaced by appropriate data.

Declaration on honour on exclusion criteria and selection criteria

The undersigned [insert name of the signatory of this form], representing: (only for natural persons) himself or herself

(only for legal persons) the following legal person:

ID or passport number: (‘the person’)

Full official name: Official legal form: Statutory registration number: Full official address: VAT registration number: (‘the person’)

I – SITUATION OF EXCLUSION CONCERNING THE PERSON

declares that the above-mentioned person is in one of the following situations:

YES NO

a) it is bankrupt, subject to insolvency or winding up procedures, its assets are being administered by a liquidator or by a court, it is in an arrangement with creditors, its business activities are suspended or it is in any analogous situation arising from a similar procedure provided for under national legislation or regulations;

b) it has been established by a final judgement or a final administrative decision that the person is in breach of its obligations relating to the payment of taxes or social security contributions in accordance with the law of the country in which it is established, with those of the country in which the contracting authority is located or those of the country of the performance of the contract;

c) it has been established by a final judgement or a final administrative decision that the person is guilty of grave professional misconduct by having violated applicable laws or regulations or ethical standards of the profession to which the person belongs, or by having engaged in any wrongful conduct which has an impact on its professional credibity where such conduct denotes wrongful intent or gross negligence, including, in particular, any of the following:

(i) fraudulently or negligently misrepresenting information required for the verification of the absence of grounds for exclusion or the fulfilment of selection criteria or in the performance of a contract;

(ii) entering into agreement with other persons with the aim of distorting competition;

(iii) violating intellectual property rights;


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(iv) attempting to influence the decision-making process of the contracting authority during the award procedure;

(v) attempting to obtain confidential information that may confer upon it undue advantages in the award procedure;

d) it has been established by a final judgement that the person is guilty of the following:

(i) fraud, within the meaning of Article 1 of the Convention on the protection of the European Communities' financial interests, drawn up by the Council Act of 26 July 1995;

(ii) corruption, as defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of EU Member States, drawn up by the Council Act of 26 May 1997, and in Article 2(1) of Council Framework Decision 2003/568/JHA, as well as corruption as defined in the legal provisions of the country where the contracting authority is located, the country in which the person is established or the country of the performance of the contract;

(iii) participation in a criminal organisation, as defined in Article 2 of Council Framework Decision 2008/841/JHA;

(iv) money laundering or terrorist financing, as defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council;

(v) terrorist-related offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA, respectively, or inciting, aiding, abetting or attempting to commit such offences, as referred to in Article 4 of that Decision;

(vi) child labour or other forms of trafficking in human beings as defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council;

e) the person has shown significant deficiencies in complying with the main obligations in the performance of a contract financed by the Union’s budget, which has led to its early termination or to the application of liquidated damages or other contractual penalties, or which has been discovered following checks, audits or investigations by an Authorising Officer, OLAF or the Court of Auditors;

f) it has been established by a final judgment or final administrative decision that the person has committed an irregularity within the meaning of Article 1(2) of Council Regulation (EC, Euratom) No 2988/95;

g) for the situations of grave professional misconduct, fraud, corruption, other criminal offences, significant deficiencies in the performance of the contract or irregularity, the applicant is subject to:

i. facts established in the context of audits or investigations carried out by the Court of Auditors, OLAF or internal audit, or any other check, audit or control performed under the responsibility of an authorising officer of an EU institution, of a European office or of an EU agency or body;

ii. non-final administrative decisions which may include disciplinary measures taken by the competent supervisory body responsible for the verification of the application of standards of professional ethics;


48

iii. decisions of the ECB, the EIB, the European Investment Fund or international organisations;

iv. decisions of the Commission relating to the infringement of the Union's competition rules or of a national competent authority relating to the infringement of Union or national competition law; or

v. decisions of exclusion by an authorising officer of an EU institution, of a European office or of an EU agency or body.

II – SITUATIONS OF EXCLUSION CONCERNING NATURAL PERSONS WITH POWER OF REPRESENTATION, DECISION-MAKING OR CONTROL OVER THE LEGAL PERSON

Not applicable to natural persons, Member States and local authorities

declares that a natural person who is a member of the administrative, management or supervisory body of the above-mentioned legal person, or who has powers of representation, decision or control with regard to the above-mentioned legal person (this covers company directors, members of management or supervisory bodies, and cases where one natural person holds a majority of shares) is in one of the following situations:

YES NO N/A

Situation (c) above (grave professional misconduct)

Situation (d) above (fraud, corruption or other criminal offence)

Situation (e) above (significant deficiencies in performance of a contract )

Situation (f) above (irregularity)

III – SITUATIONS OF EXCLUSION CONCERNING NATURAL OR LEGAL PERSONS ASSUMING UNLIMITED LIABILITY FOR THE DEBTS OF THE LEGAL PERSON

declares that a natural or legal person that assumes unlimited liability for the debts of the above-mentioned legal person is in one of the following situations:

YES NO N/A

Situation (a) above (bankruptcy)

Situation (b) above (breach in payment of taxes or social security contributions)

IV – GROUNDS FOR REJECTION FROM THIS PROCEDURE

declares that the above-mentioned person: YES NO

h) has distorted competition by being previously involved in the preparation of procurement documents for this procurement procedure.


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V – REMEDIAL MEASURES

If the person declares one of the situations of exclusion listed above, it must indicate measures it has taken to remedy the exclusion situation, thus demonstrating its reliability. This may include e.g. technical, organisational and personnel measures to prevent further occurrence, compensation of damage or payment of fines. The relevant documentary evidence which illustrates the remedial measures taken must be provided in annex to this declaration. This does not apply for situations referred in point (d) of this declaration.

VI – EVIDENCE UPON REQUEST

Upon request and within the time limit set by the contracting authority the person must provide information on the persons that are members of the administrative, management or supervisory body. It must also provide the following evidence concerning the person itself and concerning the natural or legal persons which assume unlimited liability for the debt of the person:

For situations described in (a), (c), (d) or (f), production of a recent extract from the judicial record is required or, failing that, an equivalent document recently issued by a judicial or administrative authority in the country of establishment of the person showing that those requirements are satisfied. For the situation described in point (a) or (b), production of recent certificates issued by the competent authorities of the State concerned are required. These documents must provide evidence covering all taxes and social security contributions for which the person is liable, including for example, VAT, income tax (natural persons only), company tax (legal persons only) and social security contributions. Where any document described above is not issued in the country concerned, it may be replaced by a sworn statement made before a judicial authority or notary or, failing that, a solemn statement made before an administrative authority or a qualified professional body in its country of establishment.

The person is not required to submit the evidence if it has already been submitted for another procurement procedure. The documents must have been issued no more than one year before the date of their request by the contracting authority and must still be valid at that date. The signatory declares that the person has already provided the documentary evidence for a previous procedure and confirms that there has been no change in its situation:

Document Full reference to previous procedure Insert as many lines as necessary.

VII – SELECTION CRITERIA

declares that the above-mentioned person complies with the selection criteria applicable to it individually as provided in the tender specifications:

YES NO N/A

(a) It has the legal and regulatory capacity to pursue the professional activity needed for performing the contract as required in section 4.2.2. of the tender specifications;

(b) It fulfills the applicable economic and financial criteria indicated in section 4.2.3. of the tender specifications;


50

(c) It fulfills the applicable technical and professional criteria indicated in section 4.2.4. of the tender specifications.

if the above-mentioned person is the sole tenderer or the leader in case of joint tender, declares that: YES NO N/A

(d) the tenderer, including all members of the group in case of joint tender and including subcontractors if applicable, complies with all the selection criteria for which a consolidated asseessment will be made as provided in the tender specifications.

VIII – EVIDENCE FOR SELECTION

The signatory declares that the above-mentioned person is able to provide the necessary supporting documents listed in the relevant sections of the tender specifications and which are not available electronically upon request and without delay. The person is not required to submit the evidence if it has already been submitted for another procurement procedure. The documents must have been issued no more than one year before the date of their request by the contracting authority and must still be valid at that date. The signatory declares that the person has already provided the documentary evidence for a previous procedure and confirms that there has been no change in its situation:

Document Full reference to previous procedure Insert as many lines as necessary. The above-mentioned person may be subject to rejection from this procedure and to administrative sanctions (exclusion or financial penalty) if any of the declarations or information provided as a condition for participating in this procedure prove to be false. Full name Date Signature


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STATEMENT OF EXCLUSIVITY AND AVAILABILITY13

I, the undersigned, hereby declare that I agree to participate exclusively with the tenderer < tenderer name > in the above-mentioned service tender procedure. I further declare that I am able and willing to work for the position for which my CV has been included in the event that this tender is successful. (the expert should select one of the two options underneath and delete the other one)

− [I confirm that I am not engaged in another EU-funded project or contract, in a position for which my services are required beyond the expected starting date of my services under this tender.]

− [I confirm that I am engaged in the following EU-funded project(s) or contract(s), in a position for which my services are required beyond the expected starting date of my services under this tender.

Title + reference of the project(s) + DG concerned (if applicable): …..

Nevertheless, I confirm that this other engagement will not impair my availability to carry out the tasks for which my CV has been included in this tender.

Furthermore, I declare that there will not, by reason of my involvement in both this project under tender and the other aforementioned EU project(s), be any double-financing of time spent or work carried out under any of these projects.

I also confirm that my involvement in other EU-funded projects as well as in the project currently tendered will present me with no conflict of interest and will not prevent, or tend to prevent, me from carrying out my tasks under any of the EU-funded contracts with due impartiality.]

Name

Signature

Date

13 To be completed by all team members


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CHECKLIST of documents to be submitted ORIGINALS to be sent by courier or postal services

Tender report generated by E-submission

Declarations on honour (consortium leader and members)

Declarations on honour (by sub-contractor – only when the capacity is necessary to fulfil the selection criteria )

IN COPY: to be submitted through E-submission:

Tender report

Declarations on honour (by consortium leader and members)

Declarations on honour (by sub-contractor – only when the capacity is necessary to fulfil the selection criteria )

Tender submission form

Power of attorney (consortium)

Letter of intent (subcontractors)

References for similar projects covering the tasks described in point 3 of the tender specifications (see also point 4.2.4 of the tender specifications) that were carried out under the direct responsibility of the tenderer in the last three years

CVs of the team responsible to deliver the service. Each CV should indicate the intended function in the delivery of the service.

Statements of exclusivity and availability signed by each of the team members

Technical offer including Organization and Methodology

3 complete sample datasets for each of the lots submitted

Price offer

The checklist of documents to be submitted

Full name Date Signature


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ANNEX 3.

QUOTATION FORM FOR PRICE14

Tenderers are required to quote a rate (one table per lot)

PRICE IN EUR (€) FOR THE SUPPLY OF DATA FOR LOT NR […] FOR A CUSTOMS AREA AND FOR ONE YEAR (*)

INITIAL DELIVERY (30% OF TOTAL)

BALANCE (70% OF TOTAL)

TOTAL PRICE FOR A CUSTOMS AREA FOR ONE

YEAR

………

………. ………..

(*) Same price applicable to all custom areas

14 Listing of other costs will render the tender inadmissible.


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ANNEX 4. MODEL CONTRACT


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EUROPEAN COMMISSION Directorate-General for Trade Directorate G - Trade Strategy and Analysis, Market Access Unit G3

FRAMEWORK CONTRACT FOR SERVICES NUMBER — [complete], LOT Nr [complete,],

1. The European Union (‘the Union’), represented by the European Commission (‘the contracting authority’), represented for the purposes of signing this framework contract by [forename, surname, function, department of authorising officer],

of the one part and 2. [Full official name] [Official legal form ] [Statutory registration number or ID or passport number] [Full official address] [VAT registration number] [appointed as the leader of the group by the members of the group that submitted the joint tender]

[For joint tenders, repeat these data as many times as there are contractors and continue numbering]

([collectively] ‘the contractor’), represented for the purposes of the signature of this framework contract by [forename, surname, function of legal representative and name of company in the case of a joint tender],

on the other part,


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HAVE AGREED

to the special conditions, the general conditions for framework contracts for services and the following annexes:

Annex I Tender specifications (reference No [complete] of [insert date])

Annex II Contractor’s tender (reference No [complete] of [insert date])

Annex III Model for specific contracts

Annex IV E-request, e-ordering, e-fulfilment and e-invoicing interchange agreement.

[Insert other annexes]

which form an integral part of this framework contract (‘the FWC’).

This FWC sets out:

1. the procedure by which the contracting authority may order services from the contractor;

2. the provisions that apply to any specific contract which the contracting authority and the contractor may conclude under this FWC; and

3. the obligations of the parties during and after the duration of this FWC.

All documents issued by the contractor (end-user agreements, general terms and conditions, etc.) except its tender are held inapplicable, unless explicitly mentioned in the special conditions of this FWC. In all circumstances, in the event of contradiction between this FWC and documents issued by the contractor, this FWC prevails, regardless of any provision to the contrary in the contractor’s documents.


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TABLE OF CONTENT

NB: After filling in options, update this table by right-clicking — ‘update field’ — ‘Update entire table’

FRAMEWORK CONTRACT FOR SERVICES .............................................................. 55

TABLE OF CONTENT .................................................................................................... 57

I. SPECIAL CONDITIONS ......................................................................................... 59

I.1. Order of priority of provisions ............................................................................ 59

I.2. Subject matter ..................................................................................................... 59

I.3. Entry into force and duration of the FWC .......................................................... 59

I.4. Appointment of the contractor and implementation of the FWC ....................... 60

I.5. Prices ................................................................................................................... 60

I.6. Payment arrangements ........................................................................................ 61

I.7. Bank account ....................................................................................................... 62

I.8. Communication details ....................................................................................... 62

I.9. Data controller .................................................................................................... 63

I.10. Exploitation of the results of the FWC ............................................................. 63

In the event that the contracting authority terminates, partially or entirely, or suspends the contract in accordance with Articles II.17 and II.18, the contracting authority reserves the right to continue to make available in the Market Access Database the last set of data delivered by the contractor corresponding to the last payment and approved by the contracting authority for a period of up to six months from the termination or suspension of the contract. .............................................................................. 63

I.11. Termination by either party .............................................................................. 65

I.12. Applicable law and settlement of disputes........................................................ 65

I.13. Other special conditions .................................................................................... 65

II. GENERAL CONDITIONS FOR THE FRAMEWORK CONTRACT FOR SERVICES ................................................................................................................ 67

II.1. Definitions ......................................................................................................... 67

II.2. Roles and responsibilities in the event of a joint tender .................................... 69

II.3. Severability ........................................................................................................ 69

II.4. Provision of services .......................................................................................... 69

II.5. Communication between the parties.................................................................. 70

II.6. Liability ............................................................................................................. 72

II.7. Conflict of interest and professional conflicting interests ................................. 73


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II.8. Confidentiality ................................................................................................... 74

II.9. Processing of personal data ............................................................................... 74

II.10. Subcontracting ................................................................................................. 75

II.11. Amendments .................................................................................................... 76

II.12. Assignment ...................................................................................................... 76

II.13. Intellectual property rights............................................................................... 76

II.14. Force majeure .................................................................................................. 80

II.15. Liquidated damages ......................................................................................... 80

II.16. Reduction in price ............................................................................................ 81

II.17. Suspension of the implementation of the FWC ............................................... 82

II.18. Termination of the FWC.................................................................................. 83

II.19. Invoices, value added tax and e-invoicing ....................................................... 85

II.20. Price revision ................................................................................................... 86

II.21. Payments and guarantees ................................................................................. 86

II.22. Reimbursements .............................................................................................. 89

II.23. Recovery .......................................................................................................... 90

II.24. Checks and audits ............................................................................................ 91

SPECIFIC CONTRACT ................................................................................................... 96


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I. SPECIAL CONDITIONS

I.1. Order of priority of provisions

If there is any conflict between different provisions in this FWC, the following rules must be applied:

(a) The provisions set out in the special conditions take precedence over those in the other parts of the FWC.

(b) The provisions set out in the general conditions take precedence over those in the specific contract (Annex III)

(c) The provisions set out in the specific contract (Annex III) take precedence over those in the other annexes.

(d) The provisions set out in the tender specifications (Annex I) take precedence over those in the tender (Annex II).

(e) The provisions set out in the FWC take precedence over those in the specific contracts.

I.2. Subject matter

The subject matter of the FWC is

1. [For lot 1:] to cover services in regard to the procurement of customs tariff data for the Tariffs section of the database (http://madb.europa.eu), in the period from 01/01/2019 until 31/12/2022.

2. [For lot 2:] to cover services in regard to the procurement of data on internal taxes for the Tariffs section of the database (http://madb.europa.eu), in the period from 01/01/2019 until 31/12/2022.

3. [For lot 3:] to cover services in regard to the procurement of data on import requirements for the Procedures and Formalities section of the database (http://madb.europa.eu), in the period from 01/01/2019 until 31/12/2022.

I.3. Entry into force and duration of the FWC

I.3.1 The FWC enters into force on

I.3.2 The implementation of the FWC cannot start before its entry into force.

I.3.3 The FWC is concluded for a period of 24 months with effect from the date of its entry into force.

I.3.4 The parties must sign any specific contract before the FWC expires.







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The FWC continues to apply to such specific contracts after its expiry. The services relating to such specific contracts must be performed no later than six months after the expiry of the FWC.

I.3.5 The FWC is renewed automatically for another 24 months, unless one of the parties receives formal notification to the contrary at least three months before the end of the ongoing duration. Renewal does not change or postpone any existing obligations.

I.4. Appointment of the contractor and implementation of the FWC

I.4.1. Appointment of the contractor

The contracting authority appoints the contractor for a single FWC.

I.4.2. Period of provision of the services

The period for the provision of the services starts to run from the date indicated in the specific contract.

I.4.3. Implementation of single FWC

The contracting authority orders services by sending the contractor a specific contract via e-PRIOR.

Within 10 working days, the contractor must either:

- send the specific contract back to the contracting authority signed and dated; or

- send an explanation of why it cannot accept the order.

If the contractor repeatedly refuses to sign the specific contracts or repeatedly fails to send them back on time, the contractor may be considered in breach of its obligations under this FWC as set out in Article II.18.1 (c).

I.5. Prices

I.5.1. Maximum amount of the FWC and maximum prices

The maximum amount covering all purchases under this FWC is EUR ……. However, this does not bind the contracting authority to purchase for the maximum amount.

The maximum prices of the services are as listed in Annex II.

I.5.2. Price revision index

Price revision is not applicable to this FWC.

I.5.3. Reimbursement of expenses

Reimbursement of expenses is not applicable to this FWC.


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I.6. Payment arrangements

I.6.1. Pre-financing

Pre-financing is not applicable to this FWC.

I.6.2. Interim payment

1. The contractor (or leader in the case of a joint tender) may claim an interim payment equal to 30 % of the price referred to in the relevant specific contract in accordance with Article II.21.6.

The contractor (or leader in the case of a joint tender) must send an invoice via e-PRIOR for the interim payment as provided for in the tender specifications, accompanied by the initial dataset for the year referred to in the relevant specific contract.

2. The contracting authority must approve any submitted deliverables and pay within 60 days from receipt of the invoice.

3. If the contracting authority has observations to make, it must send them to the contractor (or leader in the case of a joint tender) and suspend the time limit for payment in accordance with Article II.21.7. The contractor (or leader in case of a joint tender) has 30 days to submit additional information, or corrections, or a new dataset, or other documents if the contracting authority requires it.

4. The contracting authority must give its approval and pay within the remainder of the time-limit indicated in point (2.) unless it rejects partially or fully the submitted documents or deliverables.

I.6.3. Payment of the balance

1. The contractor (or leader in the case of a joint tender) may claim the payment of the balance in accordance with Article II.21.6.

The contractor (or leader in the case of a joint tender) must send an invoice via e-PRIOR for payment of the balance due under a specific contract, as provided for in the tender specifications and accompanied by the last dataset for the year referred to in the relevant specific contract and any other document in accordance with the tender specifications.

2. The contracting authority must approve the submitted deliverables and pay within 60 days from receipt of the invoice.

3. If the contracting authority has observations to make, it must send them to the contractor (or leader in the case of a joint tender) and suspend the time limit for payment in accordance with Article II.21.7.

The contractor (or leader in the case of a joint tender) has 30 days to submit additional information or corrections or a new data set or other documents if the contracting authority requires it.

4. The contracting authority must give its approval and pay within the remainder of the time-limit indicated in point (2.) unless it rejects partially or fully the submitted documents or deliverables.


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I.6.4. Performance guarantee

Performance guarantee is not applicable to this FWC.

I.6.5. Retention money guarantee

Retention money guarantee is not applicable to this FWC.

I.7. Bank account

Payments must be made to the contractor’s (or leader’s in the case of a joint tender) bank account denominated in euro, identified as follows:

Name of bank: Full address of branch: Exact denomination of account holder: Full account number including bank codes: [IBAN15 code:]

I.8. Communication details

For the purpose of this FWC, communications must be sent to the following addresses:

Contracting authority: European Commission Directorate-General for Trade Directorate G – Trade Strategy and Analysis, Market Access Unit G3 – Head of Unit 1040 Brussels E-mail: [email protected] Contractor (or leader in the case of a joint tender): [Full name] [Function] [Company name] [Full official address] E-mail: [complete]

By derogation from this Article, different contact details for the contracting authority or the contractor may be provided in specific contracts.

15 BIC or SWIFT code for countries with no IBAN code


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I.9. Data controller

For the purpose of Article II.9, the data controller is Ms Sofia Munoz Albarran, Head of Unit A1, DG Trade.

I.10. Exploitation of the results of the FWC

I.10.1. Detailed list of modes of exploitation of the results By way of derogation from Article II.13.1, the parties hereby agree that all title and ownership of or related to any intellectual property in the sets of data developed or resulting from work under this contract, either directly or indirectly, shall vest solely in the contractor, unless otherwise agreed to, in writing, by the parties.

However, the contractor hereby grants the contracting authority a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use the data for non-commercial purposes as specified in the terms below, provided that the Commission acknowledges the copyright title of the contractor.

This licence is granted permanently allowing use of the data beyond the period of the contract. Following the expiry of the contract the contracting authority reserves the right to use the data for statistical and research purposes and undertakes not to distribute it to third parties.

In the event that the contracting authority terminates, partially or entirely, or suspends the contract in accordance with Articles II.17 and II.18, the contracting authority reserves the right to continue to make available in the Market Access Database the last set of data delivered by the contractor corresponding to the last payment and approved by the contracting authority for a period of up to six months from the termination or suspension of the contract. The data provided and developed within this contract and for which the contracting authority acquires a licence may be used in the following way:

(a) use for its own purposes: 1. making available to the staff of the contracting authority

2. making available to the persons and entities working for the contracting authority or cooperating with it, including contractors, subcontractors whether legal or natural persons, Union institutions, agencies and bodies, Member States' institutions, officials in partner countries, which are in the process of negotiations of bilateral trade agreement with the EU, governmental bodies of the EU in the acceding/candidate countries and those established in third countries, including their respective regional entities.

3. installing, uploading, processing

4. arranging, compiling, combining, retrieving

5. copying, reproducing in whole or in part and in unlimited number of copies

(b) distribution to the public:


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(i) publishing in electronic format and making available on internet [according to the conditions as provided in the offer, to be completed] at least for users located in a Member State of the European Union and its acceding/candidate countries

(iii) the Commission reserves the right to grant access to the data to organisations representing EU business interests established in third countries that are participating to the policy of the Local Market Access teams in the context of the EU's Market Access Partnership

(iv) public presentation or display,

(v) giving access to the data without right to exploit,

(vi) for non-commercial purposes,

(vii) without payment and against fulfilment of the present conditions.

(c) modifications made by the contracting authority or by a third party in the name of the contracting authority:

(i) shortening

(ii) making a summary

(iii) modification of the content

(iv) making technical changes to the content:

- necessary correction of technical errors

- adding new parts or functionalities

- changing functionalities

- providing third parties with additional information concerning the result (e.g.; source code) with a view of making modifications.

(v) addition of new elements, paragraph titles, leads, bolds, legend, table of content, summary, graphics, subtitles, sound, etc.

(vi) preparation in audio form, preparation as a presentation, animation, pictograms story, slide-show, public presentation, etc.

(vii) extracting a part of dividing into parts

(viii) use of a concept or preparation of a derivative work

(ix) digitalisation or converting the format for storage or usage purposes

(x) modifying dimensions

(xi) translating, inserting subtitles, dubbing in all official languages of the EU

Any user is bound by the same contracting authority conditions as provided in the contract. When displaying the data supplied by the contractor, the contracting authority and any user shall display a copyright notice containing as a minimum the following text:


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“Copyright (contractor) all rights reserved. Licensed to the European Commission [according to the conditions as provided in the offer, to be completed].

The reports obtained from this database are not official documents. Care has been taken to ensure the accuracy of the information contained within the database, but no responsibility can be accepted by the European Commission or the data providers for any inadvertent errors or omissions.

By proceeding and viewing the data you are agreeing to these terms.”

Where the contracting authority becomes aware that scope of modifications exceeds the scope envisaged in the contract the contractor and creator shall be consulted, who will be obliged to provide his response within two weeks. He shall provide his agreement including any suggestions of modifications free of charge. The contractor and creator may refuse the intended modification only when it harms his honour, reputation or distort integrity of the work.

I.10.2. Licence or transfer of pre-existing rights

All pre-existing rights incorporated in the results, if any, are licensed to the Union as set out in Article II.13.2.

I.10.3. Provision of list of pre-existing rights and documentary evidence

The contractor must provide the contracting authority with a list of pre-existing rights as set out in Article II.13.4 together with the invoice for payment of the balance at the latest.

I.11. Termination by either party

Either party may terminate the FWC and/or the FWC and specific contracts by sending formal notification to the other party with three months written notice.

If the FWC or a specific contract is terminated:

(a) neither party is entitled to compensation;

(b) the contractor is entitled to payment only for the services provided before termination takes effect.

The second, third and fourth paragraphs of Article II.18.4 apply.

I.12. Applicable law and settlement of disputes

I.12.1 The FWC is governed by Union law, complemented, where necessary, by the law of Belgium.

I.12.2 The courts of Brussels have exclusive jurisdiction over any dispute regarding the interpretation, application or validity of the FWC.

I.13. Other special conditions

I.13.1. Liability


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Without prejudice to Article II.6 of the General Conditions, the contracting authority shall not be liable for any damage to the contractor caused by disclosure to an unauthorized person of the data covered by the present contract.

MADB dataset(s) is subject to the corporate security policy and measures in force at the Commission.

I.13.2. Liquidated damages By way of derogation from Article II.15 of the General Conditions, the thirty-day notification period available to the contractor to submit arguments against the decision to impose liquidated damages shall be of seven calendar days.

SIGNATURES

For the contractor,

[Company name/forename/surname/position]

Signature: _______________________

Done at [place], [date]

For the contracting authority,

[name], Director

Signature:_____________________

Done at Brussels,

In duplicate in English.

ANNEXES: I - Tender Specifications

II - Contractor’s offer

III – Model Specific Contract

IV - E-request, e-ordering, e-fulfilment and e-invoicing interchange agreement.


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II. GENERAL CONDITIONS FOR THE FRAMEWORK CONTRACT FOR SERVICES

II.1. Definitions

For the purpose of this FWC, the following definitions (indicated in italics in the text) apply:

‘Back office’: the internal system(s) used by the parties to process electronic invoices;

‘Confidential information or document’: any information or document received by either party from the other or accessed by either party in the context of the implementation of the FWC, that any of the parties has identified in writing as confidential. It may not include information that is publicly available;

‘Conflict of interest’: a situation where the impartial and objective implementation of the FWC by the contractor is compromised for reasons involving family, emotional life, political or national affinity, economic interest, or any other shared interest with the contracting authority or any third party related to the subject matter of the FWC;

‘Creator’: means any natural person who contributes to the production of the result;

‘EDI message’ (electronic data interchange): a message created and exchanged through the electronic transfer, from computer to computer, of commercial and administrative data using an agreed standard;

‘e-PRIOR’: the service-oriented communication platform that provides a series of web services and allows the exchange of standardised electronic messages and documents between the parties. This is done either through web services, with a machine-to-machine connection between the parties’ back office systems (EDI messages), or through a web application (the supplier portal). The Platform may be used to exchange electronic documents (e-documents) such as electronic requests for services, electronic specific contracts, electronic acceptance of services and electronic invoices between the parties. Technical specifications (i.e. the interface control document), details on access and user manuals are available at the following website: http://ec.europa.eu/dgs/informatics/supplier_portal/documentation/documentation_en.htm

‘Force majeure’: any unforeseeable, exceptional situation or event beyond the control of the parties that prevents either of them from fulfilling any of their obligations under the FWC. The situation or event must not be attributable to error or negligence on the part of the parties or on the part of the subcontractors and must prove to be inevitable despite their exercising due diligence. Defaults of service, defects in equipment or material or delays in making them available, labour disputes, strikes and financial difficulties may not be invoked as force majeure, unless they stem directly from a relevant case of force majeure;

‘Formal notification’ (or ‘formally notify’): form of communication between the parties made in writing by mail or email, which provides the sender with compelling evidence that the message was delivered to the specified recipient;

‘Fraud’: any intentional act or omission affecting the Union’s financial interests relating to the use or presentation of false, incorrect or incomplete statements or documents or to non-disclosure of information in violation of a specific obligation;

http://ec.europa.eu/dgs/informatics/supplier_portal/documentation/documentation_en.htm


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‘Implementation of the FWC’: the purchase of services envisaged in the FWC through the signature and performance of specific contracts;

‘Interface control document’: the guideline document which lays down the technical specifications, message standards, security standards, checks of syntax and semantics, etc. to facilitate machine-to-machine connection. This document is updated on a regular basis;

‘Irregularity’: any infringement of a provision of Union law resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the Union’s budget.

‘Notification’ (or ‘notify’): form of communication between the parties made in writing including by electronic means;

‘Order form’: a simplified form of specific contract by which the contracting authority orders services under this FWC;

‘Performance of a specific contract’: the execution of tasks and delivery of the purchased services by the contractor to the contracting authority;

‘Personnel’: persons employed directly or indirectly or contracted by the contractor to implement the FWC;

‘Pre-existing material’: any material, document, technology or know-how which exists prior to the contractor using it for the production of a result in the implementation of the FWC;

‘Pre-existing right’: any industrial and intellectual property right on pre-existing material; it may consist in a right of ownership, a licence right and/or right of use belonging to the contractor, the creator, the contracting authority as well as to any other third parties;

‘Professional conflicting interest’: a situation in which the contractor’s previous or ongoing professional activities affect its capacity to implement the FWC or to perform a specific contract to an appropriate quality standard.

‘Related person’: any person who has the power to represent the contractor or to take decisions on its behalf;

‘Request for services’: a document from the contracting authority requesting that the contractors in a multiple FWC provide a specific tender for services whose terms are not entirely defined under the FWC;

‘Result’: any intended outcome of the implementation of the FWC, whatever its form or nature, which is delivered and finally or partially approved by the contracting authority. A result may be further defined in this FWC as a deliverable. A result may, in addition to materials produced by the contractor or at its request, also include pre-existing materials;

‘Specific contract’: a contract implementing the FWC and specifying details of a service to be provided;

‘Substantial error’: any infringement of a contract provision resulting from an act or omission, which causes or might cause a loss to the Union’s budget.

‘Supplier portal’: the e-PRIOR portal, which allows the contractor to exchange electronic business documents, such as invoices, through a graphical user interface; its main features can


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be found in the supplier portal overview document available on: http://ec.europa.eu/dgs/informatics/supplier_portal/doc/um_supplier_portal_overview.pdf

II.2. Roles and responsibilities in the event of a joint tender

In the event of a joint tender submitted by a group of economic operators and where the group does not have legal personality or legal capacity, one member of the group is appointed as leader of the group.

II.3. Severability

Each provision of this FWC is severable and distinct from the others. If a provision is or becomes illegal, invalid or unenforceable to any extent, it must be severed from the remainder of the FWC. This does not affect the legality, validity or enforceability of any other provisions of the FWC, which continue in full force and effect. The illegal, invalid or unenforceable provision must be replaced by a legal, valid and enforceable substitute provision which corresponds as closely as possible with the actual intent of the parties under the illegal, invalid or unenforceable provision. The replacement of such a provision must be made in accordance with Article II.11. The FWC must be interpreted as if it had contained the substitute provision as from its entry into force.

II.4. Provision of services

II.4.1 Signature of the FWC does not guarantee any actual purchase. The contracting authority is bound only by specific contracts implementing the FWC.

II.4.2 The contractor must provide services of high quality standards, in accordance with the state of the art in the industry and the provisions of this FWC, in particular the tender specifications and the terms of its tender.

II.4.3 The contractor must comply with the minimum requirements provided for in the tender specifications. This includes compliance with applicable obligations under environmental, social and labour law established by Union law, national law and collective agreements or by the international environmental, social and labour law provisions listed in Annex X to Directive 2014/24/EU16.

II.4.4 The contractor must obtain any permit or licence required in the State where the services are to be provided.

II.4.5 All periods specified in the FWC are calculated in calendar days, unless otherwise specified.

II.4.6 The contractor must not present itself as a representative of the contracting authority and must inform third parties that it is not part of the European public service.

II.4.7 The contractor is responsible for the personnel who carry out the services and exercises its authority over its personnel without interference by the contracting authority. The contractor must inform its personnel that:

16 OJ L 94 of 28.03.2014, p. 65

http://ec.europa.eu/dgs/informatics/supplier_portal/doc/um_supplier_portal_overview.pdf


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(a) they may not accept any direct instructions from the contracting authority; and

(b) their participation in providing the services does not result in any employment or contractual relationship with the contracting authority.

II.4.8 The contractor must ensure that the personnel implementing the FWC and any future replacement personnel possess the professional qualifications and experience required to provide the services, as the case may be on the basis of the selection criteria set out in the tender specifications.

II.4.9 At the contracting authority’s reasoned request, the contractor must replace any member of personnel who:

(a) does not have the expertise required to provide the services; or

(b) has caused disruption at the premises of the contracting authority.

The contractor bears the cost of replacing its personnel and is responsible for any delay in providing the services resulting from the replacement of personnel.

II.4.10 The contractor must record and report to the contracting authority any problem that affects its ability to provide the services. The report must describe the problem, state when it started and what action the contractor is taking to resolve it.

II.5. Communication between the parties

II.5.1. Form and means of communication

Any communication of information, notices or documents under the FWC must:

(a) be made in writing in paper or electronic format in the language of the contract;

(b) bear the FWC number and, if applicable, the specific contract number;

(c) be made using the relevant communication details set out in Article I.8; and

(d) be sent by mail, email or, for the documents specified in the special conditions, via e-PRIOR.

If a party requests written confirmation of an e-mail within a reasonable time, the other party must provide an original signed paper version of the communication as soon as possible.

The parties agree that any communication made by email has full legal effect and is admissible as evidence in judicial proceedings.

II.5.2. Date of communications by mail and email

Any communication is deemed to have been made when the receiving party receives it, unless this FWC contract refers to the date when the communication was sent.

E-mail is deemed to have been received by the receiving party on the day of dispatch of that e-mail, provided that it is sent to the e-mail address indicated in Article I.8. The sending party must be able to prove the date of dispatch. In the event that the sending party receives a non-delivery report, it must make every effort to ensure that the other party actually receives the


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communication by email or mail. In such a case, the sending party is not held in breach of its obligation to send such communication within a specified deadline.

Mail sent to the contracting authority is deemed to have been received by the contracting authority on the date on which the department responsible referred to in Article I.8 registers it.

Formal notifications are considered to have been received by the receiving party on the date of receipt indicated in the proof received by the sending party that the message was delivered to the specified recipient.

II.5.3. Submission of e-documents via e-PRIOR

1. If provided for in the special conditions, the exchange of electronic documents (e-documents) such as requests for services, specific contracts and invoices between the parties is automated through the use of the e-PRIOR platform. This platform provides two possibilities for such exchanges: either through web services (machine-to-machine connection) or through a web application (the supplier portal).

2. The contracting authority takes the necessary measures to implement and maintain electronic systems that enable the supplier portal to be used effectively.

3. In the case of machine-to-machine connection, a direct connection is established between the parties’ back offices. In this case, the parties take the measures necessary on their side to implement and maintain electronic systems that enable the machine-to-machine connection to be used effectively. The electronic systems are specified in the interface control document. The contractor (or leader in the case of a joint tender) must take the necessary technical measures to set up a machine-to-machine connection and at its own cost.

4. If communication via the supplier portal or via the web services (machine-to-machine connection) is hindered by factors beyond the control of one party, it must notify the other immediately and the parties must take the necessary measures to restore this communication.

5. If it is impossible to restore the communication within two working days, one party must notify the other that alternative means of communication specified in Article II.5.1 will be used until the supplier portal or the machine-to-machine connection is restored.

6. When a change in the interface control document requires adaptations, the contractor (or leader in the case of a joint tender) has up to six months from receipt of the notification to implement this change. This period can be shortened by mutual agreement of the parties. This period does not apply to urgent measures required by the security policy of the contracting authority to ensure integrity, confidentiality and non-repudiation of information and the availability of e-PRIOR, which must be applied immediately.

II.5.4. Validity and date of e-documents

1. The parties agree that any e-document, including related attachments exchanged via e-PRIOR:

(a) is considered as equivalent to a paper document;


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(b) is deemed to be the original of the document;

(c) is legally binding on the parties once an e-PRIOR authorised person has performed the ‘sign’ action in e-PRIOR and has full legal effect; and

(d) constitutes evidence of the information contained in it and is admissible as evidence in judicial proceedings.

2. The parties expressly waive any rights to contest the validity of such a document solely on the grounds that communications between the parties occurred through e-PRIOR or that the document has been signed through e-PRIOR. If a direct connection is established between the parties’ back offices to allow electronic transfer of documents, the parties agree that an e-document, sent as mentioned in the interface control document, qualifies as an EDI message.

3. If the e-document is dispatched through the supplier portal, it is deemed to have been legally issued or sent when the contractor (or leader in the case of a joint tender) is able to successfully submit the e-document without any error messages. The generated PDF and XML document for the e-document are considered as a proof of receipt by the contracting authority.

4. In the event that an e-document is dispatched using a direct connection established between the parties’ back offices, the e-document is deemed to have been legally issued or sent when its status is ‘received’ as defined in the interface control document.

5. When using the supplier portal, the contractor (or leader in the case of a joint tender) can download the PDF or XML message for each e-document for one year after submission. After this period, copies of the e-documents are no longer available for automatic download from the supplier portal.

II.5.5. Authorised persons in e-PRIOR

The contractor submits a request for each person who needs to be assigned the role of ‘user’ in e-PRIOR. These persons are identified by means of the European Communication Authentication Service (ECAS) and authorised to access and perform actions in e-PRIOR within the permissions of the user roles that the contracting authority has assigned to them.

User roles enabling these e-PRIOR authorised persons to sign legally binding documents such as specific tenders or specific contracts are granted only upon submission of supporting documents proving that the authorised person is empowered to act as a legal representative of the contractor.

II.6. Liability

II.6.1 The contracting authority is not liable for any damage or loss caused by the contractor, including any damage or loss to third parties during or as a consequence of implementation of the FWC.

II.6.2 If required by the relevant applicable legislation, the contractor must take out an insurance policy against risks and damage or loss relating to the implementation of the FWC. It must also take out supplementary insurance as reasonably required by


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standard practice in the industry. Upon request, the contractor must provide evidence of insurance coverage to the contracting authority.

II.6.3 The contractor is liable for any loss or damage caused to the contracting authority during or as a consequence of implementation of the FWC, including in the event of subcontracting, but only up to an amount not exceeding three times the total amount of the relevant specific contract. However, if the damage or loss is caused by the gross negligence or wilful misconduct of the contractor or of its personnel or subcontractors, the contractor is liable for the whole amount of the damage or loss.

II.6.4 If a third party brings any action against the contracting authority in connection with the implementation of the FWC, including any action for alleged breach of intellectual property rights, the contractor must assist the contracting authority in the legal proceedings, including by intervening in support of the contracting authority upon request. If the contracting authority’s liability towards the third party is established and that such liability is caused by the contractor during or as a consequence of the implementation of the FWC, Article II.6.3 applies.

II.6.5 If the contractor is composed of two or more economic operators (i.e. who submitted a joint tender), they are all jointly and severally liable to the contracting authority for the implementation of the FWC.

II.6.6 The contracting authority is not liable for any loss or damage caused to the contractor during or as a consequence of implementation of the FWC, unless the loss or damage was caused by wilful misconduct or gross negligence of the contracting authority.

II.7. Conflict of interest and professional conflicting interests

II.7.1 The contractor must take all the necessary measures to prevent any situation of conflict of interest or professional conflicting interest.

II.7.2 The contractor must notify the contracting authority in writing as soon as possible of any situation that could constitute a conflict of interest or a professional conflicting interest during the implementation of the FWC. The contractor must immediately take action to rectify the situation.

The contracting authority may do any of the following:

(a) verify that the contractor’s action is appropriate;

(b) require the contractor to take further action within a specified deadline;

(c) decide not to award a specific contract to the contractor.

II.7.3 The contractor must pass on all the relevant obligations in writing to:

(a) its personnel;

(b) any natural person with the power to represent it or take decisions on its behalf;

(c) third parties involved in the implementation of the FWC, including subcontractors.


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The contractor must also ensure that the persons referred to above are not placed in a situation which could give rise to conflicts of interest.

II.8. Confidentiality

II.8.1. The contracting authority and the contractor must treat with confidentiality any information or documents, in any format, disclosed in writing or orally, relating to the implementation of the FWC and identified in writing as confidential.

II.8.2. Each party must: (a) not use confidential information or documents for any purpose other than to

perform its obligations under the FWC or a specific contract without the prior written agreement of the other party;

(b) ensure the protection of such confidential information or documents with the same level of protection as its own confidential information or documents and in any case with due diligence;

(c) not disclose, directly or indirectly, confidential information or documents to third parties without the prior written agreement of the other party.

II.8.3 The confidentiality obligations set out in this Article are binding on the contracting authority and the contractor during the implementation of the FWC and for as long as the information or documents remain confidential unless: (a) the disclosing party agrees to release the receiving party from the confidentiality

obligation earlier; (b) the confidential information or documents become public through other means

than a breach of the confidentiality obligation; (c) the applicable law requires the disclosure of the confidential information or

documents.

II.8.4 The contractor must obtain from any natural person with the power to represent it or take decisions on its behalf, as well as from third parties involved in the implementation of the FWC a commitment that they will comply with this Article. At the request of the contracting authority, the contractor must provide a document providing evidence of this commitment.

II.9. Processing of personal data

II.9.1 Any personal data included in the FWC must be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. Such data must be processed by the data controller solely for the purposes of the implementation, management and monitoring of the FWC. This does not affect its possible transmission to bodies entrusted with monitoring or inspection tasks in application of Union law.

II.9.2 The contractor has the right to access its personal data and the right to rectify any such data. The contractor should address any queries concerning the processing of its personal data to the data controller.


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II.9.3 The contractor has right of recourse at any time to the European Data Protection Supervisor.

II.9.4 If the FWC requires the contractor to process any personal data, the contractor may act only under the supervision of the data controller, in particular with regard to the purposes of the processing, the categories of data that may be processed, the recipients of the data and the means by which the data subject may exercise its rights.

II.9.5 The contractor must grant personnel access to the data to the extent strictly necessary for the implementation, management and monitoring of the FWC.

II.9.6 The contractor must adopt appropriate technical and organisational security measures, giving due regard to the risks inherent in the processing and to the nature of the personal data concerned, in order to: (a) prevent any unauthorised person from gaining access to computer systems

processing personal data, and especially: (i) unauthorised reading, copying, alteration or removal of storage media; (ii) unauthorised data inputting, as well as any unauthorised disclosure, alteration

or erasure of stored personal data; (iii) unauthorised use of data processing systems by means of data transmission

facilities; (b) ensure that authorised users of a data-processing system can access only the

personal data to which their access right refers; (c) record which personal data have been communicated, when and to whom; (d) ensure that personal data being processed on behalf of third parties can be

processed only in the manner prescribed by the contracting authority; (e) ensure that, during communication of personal data and transport of storage

media, the data cannot be read, copied or erased without authorisation; (f) design its organisational structure in such a way that it meets data protection

requirements.

II.10. Subcontracting

II.10.1 The contractor must not subcontract and have the FWC implemented by third parties beyond the third parties already mentioned in its tender without prior written authorisation from the contracting authority.

II.10.2 Even if the contracting authority authorises subcontracting, the contractor remains bound by its contractual obligations and is solely responsible for the implementation of the FWC.

II.10.3 The contractor must ensure that the subcontract does not affect the rights of the contracting authority under this FWC, particularly those under Articles II.8, II.13 and II.24.

II.10.4 The contracting authority may request the contractor to replace a subcontractor found to be in a situation provided for in points (d) and (e) of Article II.18.1.


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II.11. Amendments

II.11.1 Any amendment to the FWC or a specific contract must be made in writing before all contractual obligations have been fulfilled. A specific contract does not constitute an amendment to the FWC.

II.11.2 Any amendment must not make changes to the FWC or a specific contract that might alter the initial conditions of the procurement procedure or result in unequal treatment of tenderers or contractors.

II.12. Assignment

II.12.1 The contractor must not assign any of the rights and obligations arising from the FWC, including claims for payments or factoring, without prior written authorisation from the contracting authority. In such cases, the contractor must provide the contracting authority with the identity of the intended assignee.

II.12.2 Any right or obligation assigned by the contractor without authorisation is not enforceable against the contracting authority.

II.13. Intellectual property rights

II.13.1. Ownership of the rights in the results

The Union acquires irrevocably worldwide ownership of the results and of all intellectual property rights under the FWC. The intellectual property rights so acquired include any rights, such as copyright and other intellectual or industrial property rights, to any of the results and to all technological solutions and information created or produced by the contractor or by its subcontractor in implementation of the FWC. The contracting authority may exploit and use the acquired rights as stipulated in this FWC. The Union acquires all the rights from the moment the contracting authority approves the results delivered by the contractor. Such delivery and approval are deemed to constitute an effective assignment of rights from the contractor to the Union.

The payment of the price includes any fees payable to the contractor about the acquisition of ownership of rights by the Union including for all forms of exploitation and of use of the results.

II.13.2. Licensing rights on pre-existing materials

Unless provided otherwise in the special conditions, the Union does not acquire ownership of pre-existing rights under this FWC.

The contractor licenses the pre-existing rights on a royalty-free, non-exclusive and irrevocable basis to the Union, which may use the pre-existing materials for all the modes of exploitation set out in this FWC or in specific contracts. All pre-existing rights are licensed to the Union from the moment the results are delivered and approved by the contracting authority.

The licensing of pre-existing rights to the Union under this FWC covers all territories worldwide and is valid for the duration of intellectual property rights protection.


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The payment of the price as set out in the specific contracts is deemed to also include any fees payable to the contractor in relation to the licensing of pre-existing rights to the Union, including for all forms of exploitation and of use of the results.

Where implementation of the FWC requires that the contractor uses pre-existing materials belonging to the contracting authority, the contracting authority may request that the contractor signs an adequate licence agreement. Such use by the contractor will not entail any transfer of rights to the contractor and is limited to the needs of this FWC.

II.13.3. Exclusive rights

The Union acquires the following exclusive rights:

(a) reproduction: the right to authorise or prohibit direct or indirect, temporary or permanent reproduction of the results by any means (mechanical, digital or other) and in any form, in whole or in part;

(b) communication to the public: the exclusive right to authorise or prohibit any display, performance or communication to the public, by wire or wireless means, including the making available to the public of the results in such a way that members of the public may access them from a place and at a time individually chosen by them; this right also includes the communication and broadcasting by cable or by satellite;

(c) distribution: the exclusive right to authorise or prohibit any form of distribution of results or copies of the results to the public, by sale or otherwise;

(d) rental: the exclusive right to authorise or prohibit rental or lending of the results or of copies of the results;

(e) adaptation: the exclusive right to authorise or prohibit any modification of the results;

(f) translation: the exclusive right to authorise or prohibit any translation, adaptation, arrangement, creation of derivative works based on the results, and any other alteration of the results, subject to the respect of moral rights of authors, where applicable;

(g) where the results are or include a database: the exclusive right to authorise or prohibit the extraction of all or a substantial part of the contents of the database to another medium by any means or in any form; and the exclusive right to authorise or prohibit the re-utilization of all or a substantial part of the contents of the database by the distribution of copies, by renting, by on-line or other forms of transmission;

(h) where the results are or include a patentable subject-matter: the right to register them as a patent and to further exploit such patent to the fullest extent;

(i) where the results are or include logos or subject-matter which could be registered as a trademark: the right to register such logo or subject-matter as a trademark and to further exploit and use it;

(j) where the results are or include know-how: the right to use such know-how as is necessary to make use of the results to the full extent provided for by this FWC, and the right to make it available to contractors or subcontractors acting on behalf of the contracting authority, subject to their signing of adequate confidentiality undertakings where necessary;


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(k) where the results are documents:

(i) the right to authorise the reuse of the documents in conformity with the Commission Decision of 12 December 2011 on the reuse of Commission documents (2011/833/EU), to the extent it is applicable and the documents fall within its scope and are not excluded by any of its provisions; for the sake of this provision, ‘reuse’ and ‘document’ have the meaning given to it by this Decision;

(ii) the right to store and archive the results in line with the document management rules applicable to the contracting authority, including digitisation or converting the format for preservation or new use purposes;

(l) where the results are or incorporate software, including source code, object code and, where relevant, documentation, preparatory materials and manuals, in addition to the other rights mentioned in this Article:

(i) end-user rights, for all uses by the Union or by subcontractors which result from this FWC and from the intention of the parties;

(ii) the rights to decompile or disassemble the software;

(m) to the extent that the contractor may invoke moral rights, the right for the contracting authority, except where otherwise provided in this FWC, to publish the results with or without mentioning the creator(s)’ name(s), and the right to decide when and whether the results may be disclosed and published.

The contractor warrants that the exclusive rights and the modes of exploitation may be exercised by the Union on all parts of the results, be they created by the contractor or consisting of pre-existing materials.

Where pre-existing materials are inserted in the results, the contracting authority may accept reasonable restrictions impacting on the above list, provided that the said materials are easily identifiable and separable from the rest, that they do not correspond to substantial elements of the results, and that, should the need arise, satisfactory replacement solutions exist, at no additional costs to the contracting authority. In such case, the contractor will have to clearly inform the contracting authority before making such choice and the contracting authority has the right to refuse it.

II.13.4. Identification of pre-existing rights

When delivering the results, the contractor must warrant that, for any use that the contracting authority may envisage within the limits set in this FWC, the results and the pre-existing material incorporated in the results are free of claims from creators or from any third parties and all the necessary pre-existing rights have been obtained or licensed.

To that effect, the contractor must establish a list of all pre-existing rights to the results of this FWC or parts thereof, including identification of the rights’ owners. If there are no pre-existing rights to the results, the contractor must provide a declaration to that effect. The contractor must provide this list or declaration to the contracting authority together with the invoice for payment of the balance at the latest.


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II.13.5. Evidence of granting of pre-existing rights

Upon request by the contracting authority, the contractor must provide evidence that it has the ownership or the right to use all the listed pre-existing rights, except for the rights owned or licensed by the Union. The contracting authority may request this evidence even after the end of this FWC.

This evidence may refer, for example, to rights to: parts of other documents, images, graphs, fonts, tables, data, software, technical inventions, know-how, IT development tools, routines, subroutines or other programs (‘background technology’), concepts, designs, installations or pieces of art, data, source or background materials or any other parts of external origin.

This evidence must include, as appropriate:

(a) the name and version number of a software product;

(b) the full identification of the work and its author, developer, creator, translator, data entry person, graphic designer, publisher, editor, photographer, producer;

(c) a copy of the licence to use the product or of the agreement granting the relevant rights to the contractor or a reference to this licence;

(d) a copy of the agreement or extract from the employment contract granting the relevant rights to the contractor where parts of the results were created by its personnel;

(e) the text of the disclaimer notice if any.

Provision of evidence does not release the contractor from its responsibilities if it is found that it does not hold the necessary rights, regardless of when and by whom this fact is revealed.

The contractor also warrants that it possesses the relevant rights or powers to execute the transfer and that it has paid or has verified payment of all due fees including fees due to collecting societies, related to the final results.

II.13.6. Quotation of works in the result

In the result, the contractor must clearly point out all quotations of existing works. The complete reference should include as appropriate, the following: name of the author, title of the work, date and place of publication, date of creation, address of publication on the internet, number, volume and other information that allows the origin to be easily identified.

II.13.7. Moral rights of creators

By delivering the results, the contractor warrants that the creators will not object to the following on the basis of their moral rights under copyright:

(a) that their names be mentioned or not mentioned when the results are presented to the public;

(b) that the results be divulged or not after they have been delivered in their final version to the contracting authority;

(c) that the results be adapted, provided that this is done in a manner which is not prejudicial to the creator’s honour or reputation.


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If moral rights on parts of the results protected by copyright may exist, the contractor must obtain the consent of creators regarding the granting or waiver of the relevant moral rights in accordance with the applicable legal provisions and be ready to provide documentary evidence upon request.

II.13.8. Image rights and sound recordings

If natural persons appear in a result or their voice or any other private element is recorded in a recognisable manner, the contractor must obtain a statement by these persons (or, in the case of minors, by the persons exercising parental authority) giving their permission for the described use of their image, voice or private element and, on request, submit a copy of the permission to the contracting authority. The contractor must take the necessary measures to obtain such consent in accordance with the applicable legal provisions.

II.13.9. Copyright notice for pre-existing rights

When the contractor retains pre-existing rights on parts of the results, reference must be inserted to that effect when the result is used as set out in Article I.10.1, with the following disclaimer: ‘© — year — European Union. All rights reserved. Certain parts are licensed under conditions to the EU’, or with any other equivalent disclaimer as the contracting authority may consider best appropriate, or as the parties may agree on a case-by-case basis. This does not apply where inserting such reference would be impossible, notably for practical reasons.

II.13.10. Visibility of Union funding and disclaimer

When making use of the results, the contractor must declare that they have been produced under a contract with the Union and that the opinions expressed are those of the contractor only and do not represent the contracting authority’s official position. The contracting authority may waive this obligation in writing or provide the text of the disclaimer.

II.14. Force majeure

II.14.1 If a party is affected by force majeure, it must immediately notify the other party, stating the nature of the circumstances, their likely duration and foreseeable effects.

II.14.2 A party is not liable for any delay or failure to perform its obligations under the FWC if that delay or failure is a result of force majeure. If the contractor is unable to fulfil its contractual obligations owing to force majeure, it has the right to remuneration only for the services actually provided.

II.14.3 The parties must take all necessary measures to limit any damage due to force majeure.

II.15. Liquidated damages

II.15.1. Delay in delivery

If the contractor fails to perform its contractual obligations within the applicable time limits set out in this FWC, the contracting authority may claim liquidated damages for each day of delay using the following formula:


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0.3 x (V/d) where: V is the price of the relevant purchase or deliverable or result; d is the duration specified in the relevant specific contract for delivery of the relevant purchase or deliverable or result or, failing that, the period between the date specified in Article I.4.2 and the date of delivery or performance specified in the relevant specific contract, expressed in days. Liquidated damages may be imposed together with a reduction in price under the conditions laid down in Article II.16.

II.15.2. Procedure

The contracting authority must formally notify the contractor of its intention to apply liquidated damages and the corresponding calculated amount.

The contractor has 30 days following the date of receipt to submit observations. Failing that, the decision becomes enforceable the day after the time limit for submitting observations has elapsed.

If the contractor submits observations, the contracting authority, taking into account the relevant observations, must notify the contractor:

(a) of the withdrawal of its intention to apply liquidated damages; or

(b) of its final decision to apply liquidated damages and the corresponding amount.

II.15.3. Nature of liquidated damages

The parties expressly acknowledge and agree that any amount payable under this Article is not a penalty and represents a reasonable estimate of fair compensation for the damage incurred due to failure to provide the services within the applicable time limits set out in this FWC.

II.15.4. Claims and liability

Any claim for liquidated damages does not affect the contractor’s actual or potential liability or the contracting authority’s rights under Article II.18.

II.16. Reduction in price

II.16.1. Quality standards

If the contractor fails to provide the service in accordance with the FWC or a specific contract (‘unperformed obligations’) or if it fails to provide the service in accordance with the expected quality levels specified in the tender specifications (‘low quality delivery’), the contracting authority may reduce or recover payments proportionally to the seriousness of the unperformed obligations or low quality delivery. This includes in particular cases where the contracting authority cannot approve a result, report or deliverable as defined in Article I.6 after the contractor has submitted the required additional information, correction or new version.


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A reduction in price may be imposed together with liquidated damages under the conditions of Article II.15.

II.16.2. Procedure

The contracting authority must formally notify the contractor of its intention to reduce payment and the corresponding calculated amount.

The contractor has 30 days following the date of receipt to submit observations. Failing that, the decision becomes enforceable the day after the time limit for submitting observations has elapsed.

If the contractor submits observations, the contracting authority, taking into account the relevant observations, must notify the contractor:

(a) of the withdrawal of its intention to reduce payment; or

(b) of its final decision to reduce payment and the corresponding amount,.

II.16.3. Claims and liability

Any reduction in price does not affect the contractor’s actual or potential liability or the contracting authority’s rights under Article II.18.

II.17. Suspension of the implementation of the FWC

II.17.1. Suspension by the contractor

If the contractor is affected by force majeure, it may suspend the provision of the services under a specific contract.

The contractor must immediately notify the contracting authority of the suspension. The notification must include a description of the force majeure and state when the contractor expects to resume the provision of services.

The contractor must notify the contracting authority as soon as it is able to resume performance of the specific contract, unless the contracting authority has already terminated the FWC or the specific contract.

II.17.2. Suspension by the contracting authority

The contracting authority may suspend the implementation of the FWC or performance of a specific contract or any part of it:

(a) if the procedure for awarding the FWC or a specific contract or the implementation of the FWC proves to have been subject to substantial errors, irregularities or fraud;

(b) in order to verify whether the presumed substantial errors, irregularities or fraud actually occurred.

The contracting authority must formally notify the contractor of the suspension. Suspension takes effect on the date of formal notification, or at a later date if the formal notification so provides.


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The contracting authority must notify the contractor as soon as possible whether:

(a) it is lifting the suspension; or

(b) it intends to terminate the FWC or a specific contract under Article II.18.1(f) or (j).

The contractor is not entitled to compensation for suspension of any part of the FWC or a specific contract.

II.18. Termination of the FWC

II.18.1. Grounds for termination by the contracting authority

The contracting authority may terminate the FWC or a specific contract in the following circumstances:

(a) if provision of the services under a pending specific contract has not actually started within 15 days of the scheduled date and the contracting authority considers the new date proposed, if any, unacceptable, taking into account Article II.11.2;

(b) if the contractor is unable, through its own fault, to obtain any permit or licence required for implementation of the FWC;

(c) if the contractor does not implement the FWC or perform the specific contract in accordance with the tender specifications or request for service or is in breach of another substantial contractual obligation or repeatedly refuses to sign specific contracts. Termination of three or more specific contracts in these circumstances also constitutes grounds for termination of the FWC;

(d) if the contractor or any person that assumes unlimited liability for the debts of the contractor is in one of the situations provided for in points (a) and (b) of Article 106(1) of the Financial Regulation17;

(e) if the contractor or any related person is subject to any of the situations provided for in points (c) to (f) of Article 106(1) or to Article 106(2) of the Financial Regulation.

(f) if the procedure for awarding the FWC or the implementation of the FWC prove to have been subject to substantial errors, irregularities or fraud;

(g) if the contractor does not comply with applicable obligations under environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X to Directive 2014/24/EU;

(h) if the contractor is in a situation that could constitute a conflict of interest or a professional conflicting interest as referred to in Article II.7;

(i) if a change to the contractor’s legal, financial, technical, organisational or ownership situation is likely to substantially affect the implementation of the FWC or substantially modify the conditions under which the FWC was initially awarded;

17 Regulation (EU, EURATOM) No 966/2012 on the financial rules applicable to the general budget of the

Union, as amended http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32012R0966

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32012R0966


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(j) in the event of force majeure, where either resuming implementation is impossible or the necessary ensuing amendments to the FWC or a specific contract would mean that the tender specifications are no longer fulfilled or result in unequal treatment of tenderers or contractors;

(k) if the needs of the contracting authority change and it no longer requires new services under the FWC; in such cases ongoing specific contracts remain unaffected;

(l) if the termination of the FWC with one or more of the contractors means that the multiple FWC with reopening of competition no longer has the minimum required level of competition.

II.18.2. Grounds for termination by the contractor

The contractor may terminate the FWC or a specific contract if:

(a) it has evidence that the contracting authority has committed substantial errors, irregularities or fraud in the procedure for awarding the FWC or the implementation of the FWC;

(b) the contracting authority fails to comply with its obligations, in particular the obligation to provide the information needed for the contractor to implement the FWC or to perform a specific contract as provided for in the tender specifications.

II.18.3. Procedure for termination

A party must formally notify the other party of its intention to terminate the FWC or a specific contract and the grounds for termination.

The other party has 30 days following the date of receipt to submit observations, including the measures it has taken to continue fulfilling its contractual obligations. Failing that, the decision to terminate becomes enforceable the day after the time limit for submitting observations has elapsed.

If the other party submits observations, the party intending to terminate must formally notify it either of the withdrawal of its intention to terminate or of its final decision to terminate.

In the cases referred to in points (a) to (d), (g) to (i), (k) and (l) of Article II.18.1 and in Article II.18.2, the date on which the termination takes effect must be specified in the formal notification.

In the cases referred to in points (e), (f) and (j) of Article II.18.1, the termination takes effect on the day following the date on which the contractor receives notification of termination.

In addition, at the request of the contracting authority and regardless of the grounds for termination, the contractor must provide all necessary assistance, including information, documents and files, to allow the contracting authority to complete, continue or transfer the services to a new contractor or internally, without interruption or adverse effect on the quality or continuity of the services. The parties may agree to draw up a transition plan detailing the contractor’s assistance unless such plan is already detailed in other contractual documents or in the tender specifications. The contractor must provide such assistance at no additional cost, except if it can demonstrate that it requires substantial additional resources or means, in which case it must provide an estimate of the costs involved and the parties will negotiate an arrangement in good faith.


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II.18.4. Effects of termination

The contractor is liable for damage incurred by the contracting authority as a result of the termination of the FWC or a specific contract including the cost of appointing another contractor to provide or complete the services, unless the damage was caused by the situation specified in Article II.18.1(j), (k) or (l) or in Article II.18.2. The contracting authority may claim compensation for such damage.

The contractor is not entitled to compensation for any loss resulting from the termination of the FWC or a specific contract, including loss of anticipated profits, unless the loss was caused by the situation specified in Article II.18.2.

The contractor must take all appropriate measures to minimise costs, prevent damage and cancel or reduce its commitments.

Within 60 days of the date of termination, the contractor must submit any report, deliverable or result and any invoice required for services that were provided before the date of termination. In the case of joint tenders, the contracting authority may terminate the FWC or a specific contract with each member of the group separately on the basis of points (d), (e) or (g) of Article II.18.1, under the conditions set out in Article II.11.2

II.19. Invoices, value added tax and e-invoicing

II.19.1. Invoices and value added tax

Invoices must contain the contractor’s (or leader’s in the case of a joint tender) identification data, the amount, the currency and the date, as well as the FWC reference and reference to the specific contract.

Invoices must indicate the place of taxation of the contractor (or leader in the case of a joint tender) for value added tax (VAT) purposes and must specify separately amounts not including VAT and amounts including VAT.

The contracting authority is exempt from all taxes and duties, including VAT, in accordance with Articles 3 and 4 of the Protocol on the privileges and immunities of the European Union.

The contractor (or leader in the case of a joint tender) must complete the necessary formalities with the relevant authorities to ensure that the supplies and services required for implementation of the FWC are exempt from taxes and duties, including VAT.

II.19.2. E-invoicing

If provided for in the special conditions, the contractor (or leader in the case of a joint tender) submits invoices in electronic format if the conditions regarding electronic signature specified by Directive 2006/112/EC on VAT are fulfilled, i.e. using a qualified electronic signature or through electronic data interchange.

Reception of invoices by standard format (pdf) or email is not accepted.


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II.20. Price revision

If a price revision index is provided in Article I.5.2, this Article applies to it.

Prices are fixed and not subject to revision during the first year of the FWC.

At the beginning of the second and every following year of the FWC, each price may be revised upwards or downwards at the request of one of the parties.

A party may request a price revision in writing no later than three months before the anniversary date of entry into force of the FWC. The other party must acknowledge the request within 14 days of receipt.

At the anniversary date, the contracting authority must communicate the final index for the month in which the request was received, or failing that, the last provisional index available for that month. The contractor establishes the new price on this basis and communicates it as soon as possible to the contracting authority for verification.

The contracting authority purchases on the basis of the prices in force at the date on which the specific contract enters into force.

The price revision is calculated using the following formula: Ir Pr = Po x ( — ) Io where: Pr = revised price; Po = price in the tender; Io = index for the month in which the FWC enters into force; Ir = index for the month in which the request to revise prices is received.

II.21. Payments and guarantees

II.21.1. Date of payment

Payments are deemed to be effected on the date when they are debited to the contracting authority’s account.

II.21.2. Currency

Payments are made in euros or in the currency provided for in Article I.7.

II.21.3. Conversion

The contracting authority makes any conversion between the euro and another currency at the daily euro exchange rate published in the Official Journal of the European Union, or failing that, at the monthly accounting exchange rate, as established by the European Commission and published on the website indicated below, applicable on the day when it issues the payment order.


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The contractor makes any conversion between the euro and another currency at the monthly accounting exchange rate, established by the Commission and published on the website indicated below, applicable on the date of the invoice.

http://ec.europa.eu/budget/contracts_grants/info_contracts/inforeuro/inforeuro_en.cfm

II.21.4. Costs of transfer

The costs of the transfer are borne as follows:

(a) the contracting authority bears the costs of dispatch charged by its bank;

(b) the contractor bears the costs of receipt charged by its bank;

(c) the party causing repetition of the transfer bears the costs for repeated transfer.

II.21.5. Pre-financing, performance and money retention guarantees

If, as provided for in Article I.6, a financial guarantee is required for the payment of pre-financing, as performance guarantee or as retention money guarantee, it must fulfil the following conditions:

(a) the financial guarantee is provided by a bank or a financial institution approved by the contracting authority or, at the request of the contractor and with the agreement of the contracting authority, by a third party;

(b) the guarantor stands as first-call guarantor and does not require the contracting authority to have recourse against the principal debtor (the contractor).

The contractor bears the cost of providing such guarantee.

Pre-financing guarantees must remain in force until the pre-financing is cleared against interim payments or payment of the balance. Where the payment of the balance takes the form of a debit note, the pre-financing guarantee must remain in force for three months after the debit note is sent to the contractor. The contracting authority must release the guarantee within the following month.

Performance guarantees cover compliance with substantial contractual obligations until the contracting authority has given its final approval for the service. The performance guarantee must not exceed 10 % of the total price of the specific contract. The contracting authority must release the guarantee fully after final approval of the service, as provided for in the specific contract.

Retention money guarantees cover full delivery of the service in accordance with the specific contract including during the contract liability period and until its final approval by the contracting authority. The retention money guarantee must not exceed 10 % of the total price of the specific contract. The contracting authority must release the guarantee after the expiry of the contract liability period as provided for in the specific contract.

The contracting authority must not request a retention money guarantee for a specific contract where it has requested a performance guarantee.

http://ec.europa.eu/budget/contracts_grants/info_contracts/inforeuro/inforeuro_en.cfm


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II.21.6. Interim payments and payment of the balance

The contractor (or leader in the case of a joint tender) must send an invoice for interim payment, as provided for in Article I.6 or in the tender specifications or in the specific contract.

The contractor (or leader in the case of a joint tender) must send an invoice for payment of the balance within 60 days of the end of the period of provision of the services, as provided for in Article I.6, in the tender specifications or in the specific contract.

Payment of the invoice and approval of documents does not imply recognition of the regularity, authenticity, completeness and correctness of the declarations and information they contain.

Payment of the balance may take the form of recovery.

II.21.7. Suspension of the time allowed for payment

The contracting authority may suspend the payment periods specified in Article I.6 at any time by notifying the contractor (or leader in the case of a joint tender) that its invoice cannot be processed. The reasons the contracting authority may cite for not being able to process an invoice are:

(a) because it does not comply with the FWC;

(b) because the contractor has not produced the appropriate documents or deliverables; or

(c) because the contracting authority has observations on the documents or deliverables submitted with the invoice.

The contracting authority must notify the contractor (or leader in the case of joint tender) as soon as possible of any such suspension, giving the reasons for it.

Suspension takes effect on the date the contracting authority sends the notification. The remaining payment period resumes from the date on which the requested information or revised documents are received or the necessary further verification, including on-the-spot checks, is carried out. Where the suspension period exceeds two months, the contractor (or leader in the case of a joint tender) may request the contracting authority to justify the continued suspension.

Where the payment periods have been suspended following rejection of a document referred to in the first paragraph of this Article and the new document produced is also rejected, the contracting authority reserves the right to terminate the specific contract in accordance with Article II.18.1(c).

II.21.8. Interest on late payment

On expiry of the payment periods specified in Article I.6, the contractor (or leader in the case of a joint tender) is entitled to interest on late payment at the rate applied by the European Central Bank for its main refinancing operations in euros (the reference rate) plus eight points. The reference rate is the rate in force, as published in the C series of the Official Journal of the European Union, on the first day of the month in which the payment period ends.


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Suspension of the payment period as provided for in Article II.21.7 is not considered as giving rise to late payment.

Interest on late payment covers the period running from the day following the due date for payment up to and including the date of payment as defined in Article II.21.1.

However, when the calculated interest is EUR 200 or less, it must be paid to the contractor (or leader in the case of a joint tender) only if it requests it within two months of receiving late payment.

II.22. Reimbursements

II.22.1 If provided for in the special conditions or in the tender specifications, the contracting authority must reimburse expenses directly connected with the provision of the services either when the contractor provides it with supporting documents or on the basis of flat rates.

II.22.2 The contracting authority reimburses travel and subsistence expenses on the basis of the shortest itinerary and the minimum number of nights necessary for overnight stay at the destination.

II.22.3 The contracting authority reimburses travel expenses as follows:

(a) travel by air: up to the maximum cost of an economy class ticket at the time of the reservation;

(b) travel by boat or rail: up to the maximum cost of a first class ticket;

(c) travel by car: at the rate of one first class rail ticket for the same journey and on the same day;

In addition, the contracting authority reimburses travel outside Union territory if it has given its prior written approval for the expenses.

II.22.4 The contracting authority reimburses subsistence expenses on the basis of a daily subsistence allowance as follows:

(a) for journeys of less than 200 km for a return trip, no subsistence allowance is payable;

(b) the daily subsistence allowance is payable only on receipt of supporting documents proving that the person concerned was present at the destination;

(c) the daily subsistence allowance takes the form of a flat-rate payment to cover all subsistence expenses, including meals, local transport including transport to and from the airport or station, insurance and sundries;

(d) the daily subsistence allowance is reimbursed at the flat rates specified in Article I.5.3;

(e) accommodation is reimbursed on receipt of supporting documents proving the necessary overnight stay at the destination, up to the flat-rate ceilings specified in Article I.5.3.


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II.22.5 The contracting authority reimburses the cost of shipment of equipment or unaccompanied luggage if it has given its prior written approval for the expense.

II.23. Recovery

II.23.1 If an amount is to be recovered under the terms of the FWC, the contractor must repay the contracting authority the amount in question.

II.23.2. Recovery procedure

Before recovery, the contracting authority must formally notify the contractor of its intention to recover the amount it claims, specifying the amount due and the reasons for recovery and inviting the contractor to make any observations within 30 days of receipt.

If no observations have been submitted or if, despite the observations submitted, the contracting authority decides to pursue the recovery procedure, it must confirm recovery by formally notifying a debit note to the contractor, specifying the date of payment. The contractor must pay in accordance with the provisions specified in the debit note.

If the contractor does not pay by the due date, the contracting authority may, after informing the contractor in writing, recover the amounts due:

(a) by offsetting them against any amounts owed to the contractor by the Union or by the European Atomic Energy Community;

(b) by calling in a financial guarantee if the contractor has submitted one to the contracting authority;

(c) by taking legal action.

II.23.3. Interest on late payment

If the contractor does not honour the obligation to pay the amount due by the date set by the contracting authority in the debit note, the amount due bears interest at the rate indicated in Article II.21.8. Interest on late payments will cover the period starting on the day after the due date for payment and ending on the date when the contracting authority receives the full amount owed.

Any partial payment is first entered against charges and interest on late payment and then against the principal amount.

II.23.4. Recovery rules in the case of joint tender

If the contract is signed by a group (joint tender), the group is jointly and severally liable under the conditions set out in Article II.6 (liability). The contracting authority first claims the full amount to the leader of the group.

If the leader does not pay by the due date and if the amount cannot be offset in accordance with Article II.23.2 (a), the contracting authority may claim the full amount to any other member of the group by notifying the debit note already sent to the leader under Article II.23.2.


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II.24. Checks and audits

II.24.1 The contracting authority and the European Anti-Fraud Office may check or require an audit on the implementation of the FWC. This may be carried out either by OLAF’s own staff or by any outside body authorised to do so on its behalf. Such checks and audits may be initiated at any moment during the provision of the services and up to five years starting from the payment of the balance of the last specific contract issued under this FWC

The audit procedure is initiated on the date of receipt of the relevant letter sent by the contracting authority. Audits are carried out on a confidential basis.

II.24.2 The contractor must keep all original documents stored on any appropriate medium, including digitised originals if authorised under national law, for a period of five years starting from the payment of the balance of the last specific contract issued under this FWC.

II.24.3 The contractor must grant the contracting authority’s staff and outside personnel authorised by the contracting authority the appropriate right of access to sites and premises where the FWC is implemented and to all the information, including information in electronic format, needed to conduct such checks and audits. The contractor must ensure that the information is readily available at the moment of the check or audit and, if so requested, that information is handed over in an appropriate format.

II.24.4 On the basis of the findings made during the audit, a provisional report is drawn up. The contracting authority or its authorised representative must send it to the contractor, who has 30 days following the date of receipt to submit observations. The contractor must receive the final report within 60 days following the expiry of the deadline to submit observations.

On the basis of the final audit findings, the contracting authority may recover all or part of the payments made in accordance with Article II.23 and may take any other measures which it considers necessary.

II.24.5 In accordance with Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspection carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities and Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office, the European Anti-Fraud Office may carry out investigations, including on the spot checks and inspections, to establish whether there has been fraud, corruption or any other illegal activity under the contract affecting the financial interests of the Union. Findings arising from an investigation may lead to criminal prosecution under national law.

The investigations may be carried out at any moment during the provision of the services and up to five years starting from the payment of the balance of the last specific contract issued under this FWC.

II.24.6 The Court of Auditors has the same rights as the contracting authority, particularly right of access, for the purpose of checks and audits.


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ANNEX I: TENDER SPECIFICATIONS REFERENCE N°TRADE2018/G3/G06 OF [INSERT DATE]


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ANNEX II: CONTRACTOR’S TENDER – REFERENCE Nr [complete]


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ANNEX III

• Model for specific contracts


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SPECIFIC CONTRACT No [complete]

implementing framework contract No [complete], Lot [Nr]

1. The European Union (‘the Union’), represented by the European Commission (‘the contracting authority’), represented for the purposes of signing this specific contract by [forename, surname, function, department of authorising officer],

and

2. [Full official name]

[Official legal form]

[Statutory registration number or ID or passport number]

[Full official address]

[VAT registration number] [appointed as leader of the group by the members of the group that submitted the joint tender]

[repeat these data as many times as there are contractors in case of joint tender and continue numbering]

([collectively] "the contractor"), represented for the purposes of signing this specific contract by [forename, surname and function of legal representative,]

Invitation to tender and ToRs Version January 2016

HAVE AGREED

Article 1 - Subject matter

1.1 This specific contract implements framework contract (FWC) No [complete], lot Nr [complete] signed by the parties on [complete date].

1.2 In accordance with the provisions set out in the FWC and in this specific contract and their annexes, which form an integral part of it, the contractor must provide the following services:

4. In relation to lot 1:

the procurement of customs tariff data for [….] customs areas to be included in the Tariffs section of the Market Access database (http://madb.europa.eu) for the year […..].

[list of customs areas, complete]


the procurement of data on internal taxes for [….] customs areas to be included in the Tariffs section of the Market Access database (http://madb.europa.eu) for the year […..].



the procurement of data for the “Procedures and Formalities” section of the Market Access Database, for [….] customs areas to be included in the Procedures and Formalities section of the database (http://madb.europa.eu), for the year […..].


Article 2 - Entry into force and duration

2.1 This specific contract enters into force on [date].

2.2 The performance of the contract cannot start before its entry into force.

2.3 This specific contract shall end on [date].

Article 3 - Price

The maximum amount covering all services to be provided under this specific contract and excluding price revision is EUR [amount in figures and in words].]

***

[Option: for contractors for which VAT is due in Belgium] [In Belgium, use of this contract constitutes a request for VAT exemption No 450, Article 42, paragraph 3.3 of the VAT code (circular 2/1978), provided the invoice includes the statement:









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‘Exonération de la TVA, Article 42, paragraphe 3.3 du code de la TVA (circulaire 2/1978)’ or an equivalent statement in the Dutch or German language.]

[Option: for contractors for which VAT is due in Luxembourg] [In Luxembourg, the contractor must include the following statement in the invoices: "Commande destinée à l’usage officiel de l’Union européenne. Exonération de la TVA Article 43 § 1 k 2ème tiret de la loi modifiée du 12.02.79. ‘In the case of intra-Community purchases, the statement to be included in the invoices is: "For the official use of the European Union. VAT Exemption / European Union/ Article 151 of Council Directive 2006/112/EC.’]

Article 4 - communication details

For the purpose of this specific contract, communications must be sent to the following addresses:

Contracting authority:

European Commission

Directorate-General for Trade

Directorate G – Trade Strategy and Analysis, Market Access

Unit G3 – Head of Unit

1040 Brussels, Belgium

E-mail: [email protected]

Contractor (or leader in the case of a joint tender): [Full name] [Function] [Company name] [Full official address] E-mail: [complete]

Article 5 - Performance guarantee

Performance guarantee is not applicable to this specific contract.

Article 6 - Retention money guarantee

Retention money guarantee is not applicable to this specific contract.

Annexes

Contractor’s specific tender of [insert date]

mailto:[email protected]


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Signatures

For the contractor,

[Company name/forename/surname/function]

signature:

For the contracting authority,

Director

signature:

Done at [place], [date] Done at Brussels, [date]

In duplicate in English.


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ANNEX IV

E-REQUEST, E-ORDERING, E-FULFILMENT AND E-INVOICING INTERCHANGE

AGREEMENT


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EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR INFORMATICS Directorate R - Resources Management and Optimisation Unit R3 - ICT Procurement and Contract Management

Framework contract/Direct contract XXXXX

Annex IV

E-REQUEST, E-ORDERING, E-FULFILMENT

AND E-INVOICING INTERCHANGE AGREEMENT

(Web Services & Supplier Portal)


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Contents

1. INTRODUCTION ................................................................................................... 103

2. DEFINITIONS ........................................................................................................ 103

3. SUBJECT ................................................................................................................ 106

4. IMPLEMENTATION AND MAINTENANCE OF THE ELECTRONIC SYSTEMS ............................................................................................................... 106

5. AUTHORISED PERSONS IN E-PRIOR ............................................................... 107

6. VALIDITY AND DATE OF ISSUANCE OF ELECTRONIC DOCUMENTS .... 107

7. ADMISSIBILITY ................................................................................................... 108

8. STORAGE OF ELECTRONIC DOCUMENTS .................................................... 108

9. ENTRY INTO FORCE ........................................................................................... 109

10. AMENDMENTS ..................................................................................................... 109

11. TERMINATION OF THE AGREEMENT............................................................. 109

12. SEVERABILITY .................................................................................................... 109


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III. INTRODUCTION

1.1 The present agreement represents an annex to Framework Contract/Direct Contract DI/XXX (‘the contract’), allowing the use of the following post-award procurement and contracts modules:

• e-Request (quotation request for services or goods, supplier formal offers)

• e-Ordering (orders based on framework contracts and others)

• e-Fulfilment (dispatch and receiving advices)

• e-Invoicing (standard invoices, debit and credit notes)

• and any other module that are being developed or will be developed in the future such as e-Contracts, e-Signature, e-Catalogue

1.2. The present agreement shall be activated following a notification via e-mail from the contracting authority to the contractor (the contact persons indicated in the contract) of the start of use of one or several modules. This written notification, which will specify whether it concerns only services or goods or both, shall have full legal effect from the date specified therein.

1.3. Unless otherwise established, the present agreement is only applicable for the communications between the contractor and [the participating Directorates-General, Institutions, Agencies and Bodies (EUIs) mentioned] [adapt as necessary], for each module and type of purchase (service or goods) at the following e-PRIOR website: https://webgate.ec.europa.eu/fpfis/wikis/x/8pBsAQ. The list is regularly updated.

Other Directorates-General of the European Commission or other EUIs may join this agreement at any time by way of notification via e-mail from the contracting authority to the contractor. This written notification shall have full legal effect from the date specified therein.

1.4. All documentation related to the present agreement is available on the web at the following link: https://webgate.ec.europa.eu/fpfis/wikis/x/8pBsAQ

IV. DEFINITIONS

Parties agree to apply the following definitions:

‘Authorised persons’: persons with access to the system (e-PRIOR), meeting the requirements laid down in Article 121 (8), (9) and (10) of the Commission Delegated Regulation (EU) No 1268/2012of 29 October 2012 on the Rules of Application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union, and which must be identified by the system via established means (authenticated user in ECAS – European Commission Authentication System).

https://webgate.ec.europa.eu/fpfis/wikis/x/8pBsAQ

https://webgate.ec.europa.eu/fpfis/wikis/x/8pBsAQ


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‘Back office’: the internal system(s) used by the parties to process electronic documents such as orders and invoices.

‘Contracting authority’: the contracting party ordering the goods or services from the contractor and exchanging the relevant electronic documents (listed below in the definition of e-PRIOR) involved in that process.

‘Dispatch advice’: electronic document that the contractor sends to the contracting authority when it dispatches the goods or delivers the services based on fixed price or quoted time and means. The document must include the order reference and, in case of dispatch of goods, the delivery information. Once it has been validated, the contracting authority issues a receiving advice.

‘Electronic Data Interchange (EDI)’: the electronic transfer, from computer to computer, of commercial and administrative data using an agreed standard to structure an EDI message.

‘EDI message’: an electronic document structured by using an agreed standard, prepared in a computer readable format and capable of being automatically and unambiguously processed.

‘Electronic system’: the set of electronic means used by the parties in order to send or receive electronic messages (own system and system not controlled by the parties).

e-PRIOR’: the service-oriented communication platform that provides a series of web services and allows the exchange of standardised electronic messages and documents between the parties. This is done either through web services, with a machine-to-machine connection between the parties’ back office systems (EDI messages), or through a web application (the supplier portal). The Platform may be used to exchange electronic documents (e-documents) such as electronic requests for services/supplies (request for quotation, final offer, etc.) electronic specific contracts and order forms, electronic transmission of timesheets, deliverables and its acceptance (service receipt, dispatch advices and receipt advices) or electronic invoices between the parties. Technical specifications (i.e. the interface control document), details on access and user manuals are available at the following website: https://webgate.ec.europa.eu/fpfis/wikis/display/ePRIOR/Home

‘e-Request’ is the module in e-PRIOR which aims to automate the exchange of request for quotation and offers between the contracting authorities and their suppliers. By covering the steps of the request management process as defined in the relevant contracts, e-Request establishes the basis under which orders will be concluded in e-Ordering with those suppliers who are providing services or goods related to the procurement procedures supported by the system.

‘e-Ordering’ is the module in e-PRIOR enabling the electronic exchange and signature of specific contracts or order forms for services or supplies in the context of framework contracts or direct contracts. This may not be applicable to certain categories of specific contracts (such as on-call services, services provided during extended working hours, etc.) which are not currently covered by e-Ordering and all these cases paper based procedures apply for the signature of the specific contracts. The contracting authority may include at a later stage those specific contracts in the scope of e-Ordering by means of written notification (e-mail or registered letter) to the contractor. This written notification shall have full legal effect from the date mentioned in the notification.

https://webgate.ec.europa.eu/fpfis/wikis/display/ePRIOR/Home


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‘e-Fulfilment’ is the module in e-PRIOR enabling the electronic acceptance of services or goods through the exchange of dispatch advices (delivery note), service receipts and receiving advices (evidence of goods receipt or service receipt approval).

‘e-Invoicing’ is the module in e-PRIOR enabling suppliers to view all credit notes and cost claims and related supporting documents, sent to and received from the contracting authority. For suppliers authorised to do so, the e-Invoicing module also allows the creation of invoices, credit and debit notes, and their sending to contracting authorities.

‘Interface control document’: the guideline document which lays down the technical specifications, message standards, security standards, checks of syntax and semantics, etc. to facilitate machine-to-machine connection. This document is updated on a regular basis and is available on the e-PRIOR website.

‘Invoice’: electronic document issued by the contractor listing goods supplied and services rendered and the amount due for payment by the contracting authority.

‘Own system’: the information processing system (computer or network) that is predominantly controlled by the parties. Telecommunication connections leased from a network operator, for instance, do not fall within this scope.

‘Order’: electronic document equivalent to the specific contract, order form, direct contract or purchase order, by which the contracting authority requests by electronic means the provision of services or goods under the conditions and at the prices previously quoted by the contractor. The order, which is composed of a contract body and data appendix, must be signed electronically by the contractor and returned to the contracting authority for signature.

‘Receiving advice’ or 'Receipt Advice': electronic document issued by the contracting authority attesting the conformity of the goods or services received according to the terms of the contract, facilitating record accuracy and invoicing procedures.

‘Request for quotation’: electronic document by which the contracting authority invites the contractor to specify the quote details & the prices for a potential order.

‘Service receipt’: data reflecting the provision of "intramuros" services that is recorded by the contractor in the premises and on information systems of the contracting authority in the context of time and means service contracts. It enables the transmission of timesheets or any other supporting documentation that should be sent to the contracting authority for validation. Once it has been validated, the contracting authority issues a receiving advice.

‘Standards’: a set of codes, lists and guidelines accepted by the parties for the electronic interchange of EDI messages.

'Supplier or contractor': a legal or natural person providing goods or services to the contracting authority and exchanging the relevant electronic documents (listed in the definition of e-PRIOR) with the contracting authority. ‘Supplier portal’: the e-PRIOR portal, which allows the contractor to receive or exchange electronic documents, such as quotations, orders, dispatch and receiving advices or invoices, through a graphical user interface. When necessary, these documents can be signed electronically by the authorised persons.


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‘Third-party service provider’: company enabling the exchange of financial and business documents electronically on behalf of the supplier to and from e-PRIOR via a machine-to-machine communication.

‘Web services’: machine-to-machine system allowing the contractor to receive or exchange electronic business documents such as quotations, orders, dispatch and receiving advices or invoices, either through a direct interface or a third-party service provider.

V. SUBJECT

3.1. The contracting parties (‘the parties’) undertake to take the necessary measures to mutually use electronic means for communication in the areas indicated in section 1. The electronic documents will be exchanged using the e-PRIOR platform, using the web services or the supplier portal system. Access to the e-PRIOR platform may also go through an access point of an interoperable network such as the Open PEPPOL network.

3.2. The contractor will agree with the contracting authority on which of the above-mentioned means will be used. The contractor shall communicate his choice not later than 10 working days after the activation referred to in Section 1.2 of the present agreement.

VI. IMPLEMENTATION AND MAINTENANCE OF THE ELECTRONIC SYSTEMS

4.1. When using web services, the parties undertake to take the necessary measures to implement and maintain electronic systems that enable the effective use of electronic means to exchange electronic documents. The electronic systems are specified in the interface control document. The contractor must take the necessary technical measures to set it up at its own cost. The parties undertake the necessary measures to implement and maintain safety measures and procedures in order to adequately prevent messaging incurring any delays, messages being corrupted as to content or form, or messages being lost. Similarly, the parties shall strive to prevent third parties from obtaining unauthorised access to messages. The safety measures and procedures are defined in the interface control document.

If the use of safety measures and procedures leads to the rejection or detection of one or more errors in an EDI message, the receiver shall inform the sender thereof as soon as possible, but at the latest within 2 (two) working days.

When a change in the interface control document requires adaptations, the contractor has up to six (6) months from receipt of the notification to implement this change. This period can be shortened upon mutual agreement of the parties. This period does not apply to urgent measures required by the security policy of the contracting authority aimed at ensuring integrity, confidentiality and non-repudiation of information and availability of e-PRIOR, which must be applied immediately.

4.2 When using the supplier portal the contracting authority takes the necessary measures to implement and maintain electronic systems that enable the effective use of the supplier portal.

4.3. If electronic communication is hindered by factors beyond the control of the parties, these undertake to notify each other immediately and to make the necessary measures to restore this communication. If it is impossible to restore the electronic communication within a reasonable period of time, the contracting authority may notify the contractor that alternative means of communication may be used, until the electronic communication is restored.


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4.4. In any event, for reasons linked to business continuity, the contracting authority reserves the right to use alternative means of communication at any moment.

VII. AUTHORISED PERSONS IN E-PRIOR

5.1. The contractor's legal representative shall designate one or more authorised person(s) for each module, as defined in Article 2 of the present agreement. These persons are authorised to access to the system and, depending on the assigned roles, may sign or transmit documents through it.

5.2. The contracting authority shall grant access to the system to the authorised person(s) designated by the contractor. For this purpose, the latter must provide the contracting authority with a list of the authorised person(s) indicating their assigned roles for each module. The list must be drawn up using the access rights forms available on the Documentation Webpage indicated in Article I.3 of the present agreement.

The contracting authority may delegate the right to grant access to the system to the contractor's legal representative, who may subsequently sub-delegate it to authorised persons.

5.3. User roles enabling these e-PRIOR authorised person(s) to sign legally binding documents are granted only upon submission of supporting documents proving that the authorised person is empowered to act as a legal representative of the contractor from the date into force of the present agreement.

For the e-Ordering module, the contractor commits to appoint a single authorised person as a signatory.

5.4. The contractor's legal representative commits to take all necessary steps to notify the contracting authority in due time of any event affecting the list of authorised person(s).

VIII. VALIDITY AND DATE OF ISSUANCE OF ELECTRONIC DOCUMENTS

6.1. Any electronic document and related attachments exchanged via e-PRIOR (or any other authorised platform) qualify as EDI message.

6.2. The parties agree that any document exchanged through such a system:

(a) is considered equivalent to a paper document;

(b) is deemed to be the original of the document;

(c) is legally binding on the parties has full effect once an e-PRIOR authorised person has performed the "sign" action in e-PRIOR; and

(d) constitutes evidence of the information contained in it and is admissible as evidence in judicial proceedings.

This is provided that it does not contain any dynamic features capable of automatically modifying it.


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6.3. An order is only regarded as a valid transaction once the following steps have been completed:

a) the order message has been successfully received by the contractor (contract body and data appendix sent by the contracting authority to the contractor);

b) a positive and related order confirmation message has been successfully sent from the contractor to the contracting authority (equivalent to the contractor 's signature); and

c) a final message endorsing the order has been sent by the contracting authority to the contractor and successfully received by him (equivalent to the contracting authority's signature).

6.4. A dispatch advice, invoice or debit/credit note shall be deemed to have been legally issued or sent:

a) In case of using web services, when its status is set to "received" as defined in the interface control document.

b) In case of using the supplier portal, when the contractor is able to successfully submit the e-document without any error messages. The XML document related to the e-document is considered as a proof of receipt by the contracting authority.

6.5. A request for quotation or a receipt advice is deemed to have been legally sent by the contracting authority when the message has been successfully received by the contractor.

IX. ADMISSIBILITY

To the extent permitted by the applicable law, the parties hereby agree that in the event of dispute, the electronic documents (including, in the case of using the web services, the records of the EDI messages maintained in accordance with the terms and conditions of this agreement) shall be admissible before the courts and shall constitute evidence of the facts contained therein unless evidence to the contrary is adduced.

X. STORAGE OF ELECTRONIC DOCUMENTS

8.1 When using web services all EDI messages exchanged by the parties shall be stored by each party, unaltered and securely, in accordance with the time limits and specifications prescribed by the applicable legislative requirements. The parties agree that EDI messages that have been stored may be reproduced on any type of data carrier whatsoever and may be made legible by means of said reproduction.

8.2 When using the supplier portal, the contractor shall download the PDF or XML message for each e-document within one year of submission, and store them securely. After this period, copies of the e-documents are no longer available for automatic download from the supplier portal.


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XI. ENTRY INTO FORCE

This agreement shall enter into force on the date of signature of the framework contract/direct contract by the last party and shall become applicable for each module from the date indicated in section 1.2 of this agreement.

XII. AMENDMENTS

10.1. Any amendment to the agreement must be made in writing and agreed by both parties.

10.2. Amendments will be part of the present agreement from the time of their signature by the last party.

XIII. TERMINATION OF THE AGREEMENT

11.1. This agreement expires on the last day of performance of the contract. For framework contracts, this corresponds to the last day of performance of the latest possible specific contract related to it. For direct contracts, this corresponds to the last day of performance of the relevant tasks or deliverables.

11.2. The contracting authority may terminate the present agreement subject to a notice period of at least one (1) month. Notice shall be given by means of a registered letter and shall mention the date on which the agreement is terminated. The notice shall specify the reasons for termination.

11.3. The contractor may request the contracting authority to terminate this agreement by written communication, in which it shall indicate the reasons leading to this request. The contracting authority will assess the situation and, if considered appropriate, it may terminate the present agreement.

11.4. Termination of the agreement shall exclusively concern transactions performed after the date of termination. Its termination shall not release the parties from the obligations that result from the present agreement.

XIV. SEVERABILITY

The parties intend that if one or more provisions of the present agreement are held to be illegal, invalid or unenforceable to any extent, the other provisions shall remain in force.

Electronically signed on 11/06/2018 15:15 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563