En Prog Vol2 PDF

VOLUME 2
Guide to public procurement procedures for contracts concluded

by the European External Action Service – Annexes
Version 1.01 (May 2011)
List of Annexes
1
1. Prior information notice ........................................................................................................... 4
2. Contract notice ....................................................................................................................... 12
3. Letter of invitation to tender ................................................................................................... 25
4. Tender specification ............................................................................................................... 30
5. Appointment of boards/committees........................................................................................ 35
6. Declaration of absence of conflict of interest and of confidentiality ...................................... 37
7. Declaration on honour relating to the exclusion criteria and absence of conflict of interest ... 39
8. Record of opening of tenders ................................................................................................. 43
9. Tender evaluation report ........................................................................................................ 46
10. Award decision .................................................................................................................... 54
11. Contract award notice........................................................................................................... 57
12. Information letter to the successful tenderer ....................................................................... 66
13. Information letter to the unsuccessful tenderer .................................................................... 70
14. Information letter in the event of cancellation ...................................................................... 73
15. Direct service contract .......................................................................................................... 75
16. Direct supply contract ........................................................................................................ 100
17. Direct works contract (currently being prepared) ............................................................... 124
18. Framework service contract ............................................................................................... 125
19. Framework supply contract ................................................................................................ 155
20. Framework works contract (currently being prepared) ....................................................... 181
21. Specimen addendum .......................................................................................................... 182
22. Model guarantee letters .................................................................................................. 187
22.1 Model prefinancing guarantee letter ............................................................................ 188
22.2 Model performance guarantee letter ............................................................................ 192
23 Contract procedures checklists ............................................................................................ 196
2
23.1 Checklist for contracts worth €5 000 to €25 000 .......................................................... 197
23.2 Checklist for contracts worth €25 000 to €60 000 ........................................................ 201
23.3 Checklist for contracts worth €60 000 or more ............................................................ 205
23.4 Checklist for contracts worth more than €60 000 concluded following a restricted
procedure after a CEI .......................................................................................................... 213
23.5 Checklist for contracts worth more than €60 000 concluded following an open procedure
............................................................................................................................................. 217
23.6 Checklist for the CEI procedure ................................................................................... 223
24 Presentation of a contract award report to the Contracts Division ....................................... 226
3
1. Prior information notice
4
5
6
7
8
9
10
11
2. Contract notice
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Letter of invitation to tender
25
HEADING PLACE, DATE
Dear Sir/Madam,
Subject: - Contract title, mentioning lots where appropriate

- Publicity measures
1. (For procedures with publication of a contract notice) [I enclose the tender documents
relating to the abovementioned contract.]
(For other procedures) [The European External Action Service] [The European Union
Delegation in …] is planning to award the public contract referred to above.]
2. If you are interested in this contract, you should submit a tender in triplicate [in one of the
official languages of the European Union] [in the language of the country where the
Delegation is based]. [For competitive dialogue, provide details on the consultation phase.]
3. Where submission is by letter, tenderers may choose:
a) to submit tenders either by post or by courier not later than DD/MM/YYYY1, in which
case the evidence of the date of dispatch shall be constituted by the postmark or the
date of the deposit slip, to the following address:
(for Brussels)
European External Action Service
[Department …]
[Division …], [Office …]
[For the attention of Mr/Mrs/Ms ….………..]
B-1046 Brussels
(for a Delegation)
European Union Delegation to …
[address:….………..]
b) or to deliver tenders by hand to the following address:
(for Brussels)
European External Action Service
[Department …]
[Division …], [Office …]
For the attention of Mr/Mrs/Ms ….………..
Avenue du Bourget, 1
B-1140 Brussels (Evere)
1
The date must be the same in both cases.
26
Belgium
not later than 16.00 on DD/MM/YYYY56. In this case, a receipt must be obtained as proof of
submission, signed and dated by the official in the Commission’s central mail department
who took delivery. This department is open from 08.00 to 17.00 from Monday to Thursday
and from 08.00 to 16.00 on Friday; it is closed on Saturdays, Sundays and Commission
holidays.
(for a Delegation)
European Union Delegation to …
[address:….………..]
not later than [time] on DD/MM/YYYY56. In this case, a receipt must be obtained as proof of
submission, signed and dated by the member of staff in the Delegation’s mail reception
service who takes delivery. The department is open from [ ….………..] and closed on [
….………..].
4. Tenders must be placed inside two sealed envelopes. The inner envelope, addressed to the
department indicated in the invitation to tender, should be marked as follows: ‘Invitation to
tender – not to be opened by the internal mail department’. If self-adhesive envelopes are
used, they must be sealed with adhesive tape and the sender must sign across this tape.
(For practical reasons, if the contract is to be awarded on a best-value-for-money basis, it is

recommended that the following sentences be added.) [The inner envelope in turn must
contain two sealed envelopes, one containing the technical offer and the other the financial
offer. Each of these envelopes must clearly indicate the content (‘Technical’ and
‘Financial’).]
5. The specification and the draft contract are attached to this invitation to tender. The
specification lists all the documents that must be produced in order to tender, including
supporting evidence of economic, financial, technical and professional capacity [if they do
not appear in the contract notice].
6. Tenders must be:

- signed by the tenderer or its duly authorised representative;
- perfectly legible so that there can be no doubt as to words and figures;
- (if necessary) [drawn up using the model reply forms in the specification.]
7. Period of validity of the tender, during which the tenderer may not modify the terms of the
tender in any respect: … months from the final date for submission.
8. Submission of a tender implies acceptance of the terms and conditions set out in this
invitation to tender, in the specification and in the draft contract and, where appropriate,
waiver of the tenderer's own general or specific terms and conditions. It is binding on the
tenderer to whom the contract is awarded for the duration of the contract.
56
The date must be the same in both cases.
27
9. Contacts between the contracting authority and tenderers are prohibited throughout the
procedure save in exceptional circumstances. Contacts may be authorised under the
following conditions only:
Before the final date for submission of tenders:
 At the request of the tenderer, the contracting authority may provide additional
information solely for the purpose of clarifying the nature of the contract.
Any requests for additional information must be made in writing only to [insert
functional mailbox and/or fax number].
Requests for additional information received less than five working days before the final
date for submission of tenders will not be processed.
 The EEAS/Delegation may, on its own initiative, inform interested parties of any error,
inaccuracy, omission or other clerical error in the text of the call for tenders.
 Any additional information including that referred to above will be [posted on [insert
web address]] [sent simultaneously to all candidates invited to tender].
After the opening of tenders
 If clarification is requested or if obvious clerical errors in the tender need to be

corrected, the contracting authority may contact the tenderer provided the terms of the
tender are not modified as a result.
 (In the case of negotiated procedures) [The contracting authority may negotiate with
tenderers the offers they have submitted, in order to adapt them to the requirements set
out in the contract notice, tender specification or any additional document and in order
to find the tender offering best value for money. During negotiations equal treatment of
all tenderers will be ensured.]
10. (If appropriate) An on-site visit/information meeting is planned for DD/MM/YYYY at the
following address: ……
11. This invitation to tender is in no way binding on the EEAS/Delegation. The Commission's
contractual obligation commences only upon signature of the contract with the successful
tenderer.
12. Up to the point of signature, the contracting authority may either abandon the procurement or
cancel the award procedure, without the candidates or tenderers being entitled to claim any
compensation. This decision must be substantiated and the candidates or tenderers notified.
13. Once the EEAS/Delegation has opened the tender, the document will become the property of
the EEAS/Delegation and it shall be treated confidentially.
14. You will be informed whether or not your tender has been accepted.
28
15. If the offer includes subcontracting, it is recommended that contractual arrangements with
subcontractors include mediation as a method of dispute resolution.
16. If processing your reply to the invitation to tender involves the recording and processing of
personal data (such as your name, address and CV), such 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, your replies to the questions and any personal data
requested are required to evaluate your tender in accordance with the specifications of the
invitation to tender and will be processed solely for that purpose by [entity acting as data
controller]. Details concerning the processing of your personal data are available on the
privacy statement at:
http://ec.europa.eu/dataprotectionofficer/privacystatement_publicprocurement_en.pdf.
17. Your personal data may be registered in the Early Warning System (EWS) only or both in the
EWS and the Central Exclusion Database (CED) by the EEAS Accounting Officer, should
you be in one of the situations mentioned in:
- Commission Decision 2008/969 of 16 December 2008 on the Early Warning System (for
more information see the Privacy Statement on
http://ec.europa.eu/budget/info_contract/legal_entities_en.htm), or
- Commission Regulation 1302/2008 of 17 December 2008 on the Central Exclusion

Database (for more information see the Privacy Statement on
http://ec.europa.eu/budget/biblio/documents/management/management_en.cfm).
Yours faithfully,
Date and signature2,
2
At headquarters the handwritten signature may be replaced by an agreement via the ARES workflow.
29
4. Tender specification
30
TENDER SPECIFICATION
[Restricted] [Open] INVITATION TO TENDER No […]
[subject of the invitation to tender]
1. Introduction
[specify]
[A pre-information notice regarding this contract was published in Official Journal of the European
Union No […]]. A notice regarding this contract was published in Official Journal of the European
Union No […].
2. Background
[specify]
3. Subject of the contract
[specify]
4. Place of performance
[complete]
5. Technical specifications and standards
[specify]
6. Presentation of tenders
Tenders must be submitted in [duplicate/triplicate/etc.], using the tender forms attached, taking
account of the following:
a) Prices must be:
 denominated in euros (€)/local currency and be firm and not subject to revision during the
first year of performance of the contract;
 calculated free of all duties, tax and dues (the European Union is exempt from all taxes and
dues, including value added tax (VAT), pursuant to [the provisions of Articles 3 and 4 of
31
the Protocol on the privileges and immunities of the European Union] [reference to another
agreement, where appropriate]);
 …
b) The tender must indicate:
 the deadline for delivery, performance, etc.;
 for example [the daily rates charged for the different categories of staff (administrative
staff, engineers, technical specialists, etc.) required for the installation and maintenance
contracts, and the cost of emergency call-outs];
 for example [a list of the prices for equipment (e.g. batteries, chargers, nylon cases, cables,
etc.) required for maintenance/repairs (not specified in the tender) and the hourly/flat-rate
price for maintenance/repairs];
 …
c) Tenders must be accompanied by:
 for example [the technical specifications of the equipment proposed];
 for example [the certificates delivered by the manufacturers (conformity certification)

attesting that the proposed equipment conforms to the European and international standards
applicable in the sector covered by this invitation to tender];
 …
d) The tender must be signed and dated.
e) The forms to be filled in by the tenderer may not be altered in any way.
f) [Restricted procedure: Details on how, when and where to submit a tender are indicated in the
invitation to tender.] [Open procedure: The procedure for submitting tenders is as follows: …]
Submission of a tender implies that the tenderer:
 accepts all the terms and conditions governing the contract at Annex 4 to this specification;
 waives its own terms and conditions.
Period of validity of the tender: [complete] months from the deadline for the submission of
tenders.
Documents to be submitted:
32
6.1 Documents constituting the financial bid (to be placed in the ‘financial bid’
envelope):
i) The price schedule, duly completed;
ii) …
6.2 Documents constituting the technical bid (to be placed in the ‘technical bid’
envelope):
i) for example [A technical description of the materials detailing the performance level of
the equipment that the tenderer intends to supply in order to meet the specifications. This
description should be accompanied by any necessary graphic documentation (drawings,
brochures, etc.);]
ii) for example [A description of the planned maintenance service …];
iii) for example [A description of the service arrangements offered under the guarantee
(parts and labour, call-out costs for technicians, etc.) to ensure the smooth working of
systems and equipment during the guarantee period from the date of provisional acceptance
of the networks in question …]
iv) The period for completion calculated in calendar days from the date of the specific
contract’s entry into force. This period may not exceed [complete] calendar days (save in
exceptional cases and after written agreement from the EEAS/Delegation), including
production, transport, delivery to the site of the equipment to be installed and customs
clearance.
v) Any certificates required.
If any of the documents listed in points 6.1 and 6.2 are missing or incomplete, the
tender will be judged not to conform to requirements and will be rejected, subject to
the application of Article 148(3), of the implementing rules of the Financial
Regulation applicable to the general budget of the European Union;
vi) Where appropriate, a description of the specific organisational measures and

methodology, etc.
7. Award criteria and non-compliance of tenders
8. Specific contract implementation procedures
8.1 Preliminary meeting, preparatory visit
8.2 Implementation reports: documents and certificates of conformity
33
8.3 Acceptance of documents
8.4 Performance requirements
8.5 Prices
8.6 Price revision
8.7 Place of delivery and transport
8.8 Implementation period
8.9 Maintenance
8.10 Guarantees
8.11 Penalties
8.12 Terms of payment
8.13 Performance guarantee
9. Other information (acceptance, use of languages, etc.)
10. Payments
11. Other
34
5. Appointment of boards/committees
35
HEADING DATE
Appointment
[of the opening board] [of the evaluation committee]
Contract title:
Reference:
HAVING REGARD to Article [98(3)] [98(4)] of Council Regulation (EC, Euratom)

No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the
European Communities, as amended by Council Regulation (EC, Euratom) No 1995/2006 of
13 December 2006 and by Regulation (EU, Euratom) No 1081/2010 of the European Parliament
and of the Council of 24 November 2010,
HAVING REGARD to Article [145(2)] [146] of Commission Regulation (EC, Euratom)
No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of the
Financial Regulation, as last amended by Commission Regulation (EC, Euratom) No 478/2007 of
23 April 2007 (hereinafter referred to as ‘the Implementing Rules’),
WHEREAS an [opening board] [evaluation committee] must be appointed in order to [open
tenders submitted under] [give an advisory opinion on the award of] the abovementioned
contract [on the basis of the:
 exclusion criteria
 selection criteria
 award criteria3].
I hereby appoint the following persons as members of the [opening board] [evaluation
committee] for the abovementioned public contract:
Name Department
Chair:
Secretary:
Voting member 1
Voting member 2
Voting member 3
…
A declaration of absence of conflict of interest and of confidentiality must be signed by each

member of the [opening board] [evaluation committee] [before the start of the evaluation] (see
attachment).
Authorising officer4
Annexes: Declarations of absence of conflict of interest and of confidentiality

C.c.: persons appointed
3
Article 146(1), third subparagraph, of the Implementing Rules.
4
The handwritten signature may be replaced by an agreement via the ARES workflow.
36
6. Declaration of absence of conflict of interest and of confidentiality
37
HEADING PLACE, DATE
Declaration of absence of conflict of interest and of confidentiality
Contract title:
Reference: (Invitation to tender No):
I, the undersigned ………………………………………………………………………, having

been [appointed to the opening board] [appointed to the evaluation committee] [given
responsibility for assessing the exclusion/selection/exclusion and selection criteria] for the
abovementioned public contract, declare that I am aware of Article 52 of the Financial Regulation,
which states that:
‘All financial actors and any other person involved in budget implementation, management, audit
or control shall be prohibited from taking any action which may bring their own interests into
conflict with those of the Union. Should such a case arise, the person in question must refrain from
such actions and refer the matter to the competent authority.
There is a conflict of interest where the impartial and objective exercise of the functions of a
financial actor or other person, as referred to in paragraph 1, is compromised for reasons involving
family, emotional life, political or national affinity, economic interest or any other shared interest
with the beneficiary.’
I hereby declare that, to my knowledge, I have no conflict of interest with the operators who have
[applied to participate] [submitted a tender] for this contract, including persons or members of a
consortium, or the subcontractors proposed.
I confirm that, if I discover during the [opening] [evaluation] that such a conflict exists, I will
declare it immediately and resign from the board/committee.
I also confirm that I will keep all matters entrusted to me confidential. I will not communicate
outside the board/committee any confidential information that is revealed to me or that I have
discovered [or any information relating to the views expressed during the evaluation]. I will not
make any adverse use of information given to me.
Date:
Signed:5
5
38
7. Declaration on honour relating to the exclusion criteria and absence of conflict of interest
39
[Model]
Declaration on honour relating to

the exclusion criteria and absence of conflict of interest
The undersigned [name of the signatory of this form, to be completed]:
 in his/her own name (if the economic operator is a natural person or in case of own
declaration of a director or person with powers of representation, decision-making or
control over the economic operator6)
or
 representing (if the economic operator is a legal person)
official name in full (only for legal persons):
official legal form (only for legal persons):
official address in full:
VAT registration number:
declares that he/she or the company or organisation that he/she represents:
a) is not bankrupt or being wound up, is not having his/her/its affairs administered by the courts,
has not entered into an arrangement with creditors, has not suspended business activities, is not
the subject of proceedings concerning those matters, and is not in any analogous situation
arising from a similar procedure provided for in national legislation or regulations;
b) has not been convicted of an offence concerning professional conduct by a judgment which has
the force of res judicata;
c) has not been guilty of grave professional misconduct proven by any means which the
contracting authorities can justify;
d) has fulfilled all his/her/its obligations relating to the payment of social security contributions
and the payment of taxes in accordance with the legal provisions of the country in which
6
To be used depending on the national legislation of the country in which the candidate or tenderer is established and where
considered necessary by the contracting authority (see Art. 134(4) of the Implementing Rules).
40
he/she/it is established, with those of the country of the contracting authority and those of the
country where the contract is to be carried out;
e) has not been the subject of a judgment which has the force of res judicata for fraud, corruption,
involvement in a criminal organisation or any other illegal activity detrimental to the Union’s
financial interests;
f) is not a subject of the administrative penalty for being guilty of misrepresentation in supplying
the information required by the contracting authority as a condition of participation in the
procurement procedure or failing to supply this information, or being declared to be in serious
breach of his/its obligations under contracts covered by the budget.
In addition, the undersigned declares on his/her honour that:
g) he/she has no conflict of interest in connection with the contract; a conflict of interest could
arise in particular as a result of economic interests, political or national affinities, family or
emotional ties or any other relevant connection or shared interest;
h) he/she will inform the contracting authority, without delay, of any situation considered a
conflict of interest or which could give rise to a conflict of interest;
i) he/she has not made and will not make any offer of any type whatsoever from which an
advantage can be derived under the contract;
j) that he/she has not granted and will not grant, has not sought and will not seek, has not
attempted and will not attempt to obtain, and has not accepted and will not accept, any
advantage, financial or in kind, to or from any party whatsoever, where such advantage
constitutes an illegal practice or involves corruption, either directly or indirectly, inasmuch as it
is an incentive or reward relating to award of the contract;
k) that the information provided to the EEAS within the context of this invitation to tender is
accurate, sincere and complete;
l) that in case of award of contract, he/she shall provide upon request the evidence that he/she is
not in any of the situations described in points (a), (b), (d) or (e) above.
For situations described in (a), (b) and (e), production of a recent extract from the judicial
record is required or, failing that, a recent equivalent document issued by a judicial or
administrative authority in the country of origin or provenance showing that those
requirements are satisfied. Where the tenderer is a legal person and the national legislation of
the country in which the tenderer is established does not allow the provision of such
documents for legal persons, the documents should be provided for natural persons, such as
the company directors or any person with powers of representation, decision-making or
control in relation to the tenderer.
41
For the situation described in point (d) above, recent certificates or letters 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 tenderer is liable,
including for example, VAT, income tax (natural persons only), company tax (legal persons
only) and social security contributions.
For any of the situations (a), (b), (d) or (e), where any document described in the two
paragraphs above is not issued in the country concerned, it may be replaced by a sworn or,
failing that, a solemn statement made by the interested party before a judicial or administrative
authority, a notary or a qualified professional body in his/her country of origin or provenance.
By signing this form, the undersigned acknowledges that he/she has been acquainted with the
administrative and financial penalties described under Articles 133 and 134b of the Implementing
Rules [Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002], which may
be applied if any of the declarations or information provided prove to be false.
Full name Date Signed
42
8. Record of opening of tenders
43
HEADING PLACE, DATE
Record of opening of tenders
Contract title: ……………………………………

Reference: ……………………………………………
Closing date for submission of tenders: ……………
Present: ……………… (members of the opening board)

(only for open procedures following publication of a notice in the Official Journal of the European
Union)
Tenderers’ representatives: see Annex
1. The documents proving the date and time each tender was sent have been initialled by ……
[member(s) of the opening board]
2. Results of the opening of tenders
No Replies Negative Tenders in Tenders not in order Comments

received replies order Deadline Envelope
Name/business not met open
name of (please (please
tenderer specify) specify)
1.
2.
3.
4.
5.
The opening board confirms that the tenders found to be in order were submitted in accordance
with the submission procedure laid down (before the deadline, envelope sealed until the official
opening).
44
3. The tenders found to be in order are authenticated by the initials of …… (name(s) of the
member(s) of the opening board) [on each page of each tender] [on the cover page and the
pages of the financial bid of each tender, with the integrity of the original tender being
guaranteed in the following way:….].
Surnames and first names of the members of the opening board, signatures
Annex: Attendance list for tenderers’ representatives (Surname, first name – representative of –
signature) (only for open procedures following publication of a notice in the Official
Journal of the European Union)
Annex: List of prices announced (name(s), firm(s), price(s) quoted) (only for automatic award
procedures)
45
9. Tender evaluation report
46
Introductory comments
Texts in bold italic are instructions and should be deleted.
Texts in yellow background refer to options or choices that depend on the type of procedure and
should be filled in or deleted as appropriate.
This model is an example and can be adapted to fit the needs of a particular tender or
procedure.
Please remember the importance of the evaluation report and pay attention to the recording of
proceedings, in particular to the reasons (comments) given. It is of great importance to ensure
that these are complete, clear and consistent, and directly linked to the particular criteria. They
should explain the strong and weak points of every tender in regard to each criterion of the
tender specification as it was published.
There should be a consistency in the language used for the evaluation of the different offers.
Speculative and subjective language (‘it seems that’, ‘the committee has doubts…’) as well as
derogatory comments should be avoided.
N.B.: This evaluation report could be made public at the end of the procurement procedure. It is
therefore vital that the Evaluation Committee ensures that all parts of the report are complete
and, where reference is made to specific sections of the technical specifications (such as in the
tables), that the relevant comments are clear and complete and relate to specific details of the
criteria they refer to. It is also important to verify consistency between marks and comments
across all tenders.
47
REPORT OF THE
EVALUATION COMMITTEE
1. Contract references
Contract title: …………
Reference: ………… <reference of publication in OJ,
where applicable>
Contracting authority (name + address): ………… <list all if interinstitutional tender>
Type of procedure: …………
2. Working method of the evaluation committee
This section should describe the meetings of the evaluation committee members, e.g. stating
whether the exclusion and selection criteria were evaluated separately or by other people
working in parallel, if external experts were brought in, if there were any pending issues from
the tender opening session, or any other relevant fact relating to the organisation of the
evaluation.
N.B.: the evaluation should be strictly based on the criteria published in the tender specification,
which may not be modified, explained, divided or supplemented.
The persons involved in the evaluation have held meetings according to the following schedule:
Date Place Topic discussed
<Where lots were used, the whole report, from point 3 down to the signatures, should be copied as
many times as there are lots.>
48
3. Verification of exclusion criteria
Duly dated and signed declarations stating that the tenderers and subcontractors indicated are not
in one of the situations referred to in Articles 93 and 94 of the Financial Regulation have been
provided.
The results of the verification of the exclusion criteria are as follows:
Tender Name of tenderer Declaration Further info Accepted Comments

No received in requested (date + or
due form Adonis/ARES excluded
ref.)
1 yes/no
2 yes/no
3 yes/no
… yes/no
4. Selection of tenderers
<Option for contracts under €60 000:

In the light of the risk assessment under Article 135(6)(a) of the Implementing Rules it was decided
not to require proof of the tenderers’ technical, professional, financial and economic capacity.>
The tenders were examined on the basis of their technical, professional, financial and economic
capacity, based on the criteria published in the tender specification.
Tenderers:
- No x (name),
- No x (name),
-….
provided all the necessary documents as requested in the tender specification,
<or/and> the following tenderers did not provide the necessary documents as requested under the
tender specification:
- No x (name) – <failure to fulfil the selection criteria in reference to points in the specification>
- No x (name) – <failure to fulfil the selection criteria in reference to points in the specification>
-… .
The missing document(s) has/have been requested from all the tenderers concerned by e-mail and
registered letter. They have been asked to provide the missing document(s) within XX days, and
informed that they may be disqualified if the document(s) is/are not sent before the deadline
indicated.
The following tenderers provided the requested documents:

- No x (name) ─ on <insert date + Adonis or ARES number>,
- No x (name) ─ on <insert date + Adonis or ARES number>,
49
-….
The following tenderers did not provide the requested documents within the set deadline:
- No x (name),
-…
The results of the phase of the selection process are as follows:

Tender Name of tenderer Selected Comments
No or not
1
2
3
…
<Option for restricted procedure and negotiated procedure with contract notice (or other two-step
procedures):
Invitations to tender were sent to all the above candidates on … [date] + Adonis or ARES number.
XX tenders were received on … [date] + Adonis or ARES number >
<Option mainly for supply contracts: if technical requirements have been clearly stipulated and/or
are different from the award criteria:>
5. Technical compliance check
The compliance of all tenders with the technical requirements was checked.
Requests for clarifications have been sent on <date + Ares or Adonis reference>, and answers were
received on <date + Ares or Adonis reference>.
6. Evaluation of award criteria
<Option for negotiated procedures (irrespective of value):>

The following comments on ways of improving the quality or lowering the price were sent to
tenderers:
Tender 1:
Tender 2:
Tender 3:
All comments were dispatched to tenderers simultaneously on … [date]. The deadline for replying
was … [date]. The following improvements to tenders were received:
Tender 1: improvement received on … [date].

50
…
All improvements were attached to the tenders and the tenders submitted as a whole.
<Repeat the process above for any further rounds of negotiations>
The tenders were evaluated and ranked on the basis of the award criteria published in the tender
specification.
Detailed evaluation comments per criterion:
<The table can be adjusted, e.g. replaced by plain text, if it does not fit on the page>
Tender Name of tenderer Criterion 1 Criterion 2 Criterion 3
No <description> <description> <description>
<max. mark/threshold> <max. mark/threshold> <max. mark/threshold>
1 Sub-criterion 1 + mark Sub-criterion 1 + mark
…. ….
Sub-criterion 2 + mark Sub-criterion 2 + mark
…. ….
Sub-criterion 3 + mark Sub-criterion 3 + mark
…. ….
2
3
…
<If applicable>: Abnormally low offer(s)

Provide details of your analysis if requests for clarification were sent.
Summary of detailed comments per tender:

Tender Name of tenderer Criterion 1 Criterion 2 Criterion 3 … Total Threshold(s)
No score score score score for achieved or
(threshold) (threshold) (threshold) quality not
criteria
1
2
3
…
7. Score
The tenders that achieve <all the> quality threshold<s> are ranked according to the criteria and the
calculation formula indicated in the technical specifications.
51
Tender Name of Total score for quality Price of tender Ratio (final Classification
No tenderer criteria score)
1
2
3
…
8. Award
Considering the results of the evaluation as described above, the evaluation committee proposes to
award the contract to the following tenderer(s):
<Option for multiple framework contracts: The paragraph below should be repeated as many times
as necessary.>
Tender No <complete>
Full name and address of tenderer
<N.B.: List all tenderers in case of joint tender>
Price:
The proportion of the contract to be subcontracted is estimated at XX% of the contract value.
<Option if ‘best value for money’ award method was used: >
The abovementioned tender complies with the tender specification and offers the best value for
money.
<Option if lowest price award method was used: >

The Committee declares that the abovementioned tender complies with the tender specification
and offers the lowest price.
The Early Warning System has been checked.
52
Name, date and signature of the evaluation committee members:
Please indicate the chair of the committee, and the rapporteur if applicable, but NOT the names
of outside experts as they do not sign the evaluation report.
Names of committee members + function Department Date Signed
<Option: if exclusion/selection criteria were evaluated by other persons (Article 147(1) of the
Implementing Rules)>
Name, date and signature of the person(s) applying exclusion and selection criteria:
Names Department Date Signed
53
10. Award decision
54
HEADING PLACE, DATE
AWARD DECISION
CONTRACT TITLE: ………………
HAVING REGARD to Article 98(4) and 100(1) [if contract not awarded, add ‘and Article 101’] of
Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation
applicable to the general budget of the European Communities (hereinafter ‘the Financial
Regulation’), as amended by Council Regulation (EC, Euratom) No 1995/2006 of 13 December
2006 and by Regulation (EU, Euratom) No 1081/2010 of the European Parliament and of the
Council of 24 November 2010,
HAVING REGARD to Article 147(3) of Commission Regulation (EC, Euratom) No 2342/2002 of

23 December 2002 laying down detailed rules for the implementation of the Financial Regulation
(hereinafter referred to as ‘the Implementing Rules’), as amended by Commission Regulation (EC,
Euratom) No 478/2007 of 23 April 2007 and by Regulation (EU, Euratom) No 1081/2010 of the
European Parliament and of the Council of 24 November 2010,
HAVING REGARD to the attached Evaluation Report,
WHEREAS:
1. An Evaluation Committee was appointed pursuant to Article 98(4) of the Financial

Regulation in order to evaluate the [applications and] tenders submitted under the
abovementioned procurement procedure and to propose to whom the contract should be
awarded.
2. The Evaluation Committee drafted the attached Evaluation Report pursuant to Article 100(4)
of the Financial Regulation and Article 147(1) and (2) of the Implementing Rules.
3. The attached Evaluation Report also contains all the information required under Article
147(3)(a), (b), (c) and (d) of the Implementing Rules.
4. - (if negotiated procedure) The circumstances which justify the use of the negotiated
procedure under Article xx(xx)(xx) of the Implementing Rules (this has to be one of the
paragraphs of Articles 126 or 127 of the Implementing Rules) are:
…………………….………………………………………………………………………
………………………………………………………………………………………………
………
55
- (if competitive dialogue) The circumstances which justify the use of the competitive
dialogue under Article 125b of the Implementing Rules are :
…………………….……………………………………………………………………………
…………………………………………………………………………………………………
…………
5. (if applicable) The following circumstances justify abandoning the procurement procedure:
…………………………………………………………………………………………………
…………………………………………………………………………………………………
……
I HEREBY DECIDE:
– to award the contract to …………… on the following grounds with respect to the selection and
award criteria set out in the invitation to tender:
……………………………………………………………………………………………………
…………………………………………………….
– To earmark €xxxxxxx as the budget ceiling for the performance of the contract over its whole
period of validity (covering a maximum of xxx years from its date of signature).
(If relevant) The share of the contract which the contractor intends to subcontract is …. ….
– (Alternative) Not to award the contract.
– (Alternative) To abandon the procurement procedure.
Authorising officer7
Annex Evaluation report
7
56
11. Contract award notice
57
58
59
60
61
62
63
64
65
12. Information letter to the successful tenderer
66
TO BE SENT TO THE SUCCESSFUL TENDERER (by LETTER and by FAX or E-mail)
Brussels, [date]
Registration number:
8
Name :
Address:
Subject: Procurement procedure [to be completed]

Ref.: Your tender [to be completed]
Dear Sirs,
We are pleased to inform you that your tender has been selected for the award of the above
procurement contract.
[Please send us, within [to be completed] days, valid documentary evidence demonstrating that the
exclusion criteria referred to in the specification are met and confirming the declaration on your
honour, provided with your application or offer, using the following address:
9
[to be completed] ]
This letter informing you of the award of the contract does not constitute a commitment on the part
of the [EEAS] [Delegation]. As the contracting authority, we may, until such time as the contract is
signed, either abandon or cancel the procurement procedure without this entitling you to any
compensation.
[Without prejudice to any legal appeal, you may obtain additional information on the grounds for
the ranking of your bid.
If you so request in writing, you may be informed of the characteristics and relative advantages of
better ranked tenders and the names of better ranked tenderers. However, certain details will not
be disclosed if disclosure would hinder application of the law, would be contrary to the public
interest, would harm the legitimate business interests of public or private undertakings or could
distort fair competition between those undertakings.
Should it not be possible to conclude the contract with any of these tenderers or should any of
them withdraw, we reserve the right to review our decision and to award the contracts to other
tenderers (with the corresponding change in the ranking), to close the procedure or to abandon
procurement.
8
The status of the representatives of the groups/consortia/associations must be clearly specified (‘letter to Company X in its
capacity as agent for Group Z’ or, alternatively, ‘letter to Group Z, represented by Company X’).
9
If the successful tenderer has already provided the relevant certificates for the purpose of a restricted procedure, a competitive
dialogue or a negotiated procedure after publication, this paragraph must be deleted if the contracting authority restricts the
number of candidates who are to be asked to tender or to negotiate (Article 134(1), second subparagraph of the Implementing
Rules).
67
Any request for information you may make and any reply from us will have neither the purpose nor
the effect of suspending the deadline for lodging an appeal against the contract award decision,
which must be done within two months of this letter.
The court responsible for hearing appeal procedures is the General Court:
General Court
Rue du Fort Niedergrünewald
L-2925 Luxembourg
Tel.: (352) 4303-1 Fax: (352) 4303 2100
E-mail: CFI.Registry@curia.europa.eu
URL: http://curia.europa.eu]10.
Letters have also been sent today to the unsuccessful [candidates] [tenderers], explaining the
grounds for the rejection of their bid or request to participate and informing them that they may
obtain additional information from us, including the characteristics and relative advantages of your
bid, as well as your name.
[The contract can be signed only after a period of fourteen calendar days from the day following
the date on which this letter was sent. Any contract signed before the end of this period shall be
null and void. If requests or comments made by the unsuccessful tenderers or any other relevant
information justifies it, we reserve the right to suspend signing the contract to allow further
examination. In this case, you will be informed within three working days.]11
[The EEAS will soon publish the notice awarding the contract in the Official Journal of the
European Union. The contract can be signed only after a period of fourteen calendar days from
the day following the date on which this notice is published. Any contract signed before the end of
this period shall be null and void. If requests or comments made by the unsuccessful tenderers or
any other relevant information justifies it, we reserve the right to suspend signing the contract to
allow further examination. In this case, you will be informed within three working days.]12
Implementation of the contract may not start before the contract is signed.
[Please find enclosed two copies of the contract. If you have not heard from us by the above
deadline, please initial every page of each copy, sign the last page and return both copies, signed,
to us at the following address:
[to be completed]
Please check that your personal details (in particular, bank account details and number) have
been included in the contract.
10
This text is to be included only in letters to the successful tenderers, except the best ranked tenderer, in the case of a multiple
(‘cascade’) framework contract.
11
To be used for all contract award procedures covered by Directive 2004/18/EC, except for contracts to be awarded pursuant to a
negotiated procedure without prior publication of a contract notice and in the other cases referred to in Article 158a(2) of the
Implementing Rules (only tender in certain circumstances, specific contract based on a framework contract without reopening
of competition).
12
To be used for contracts to be awarded pursuant to a negotiated procedure without prior publication of a contract notice except
in those cases referred to in Article 126(1)(c), (h) and (j) of the Implementing Rules (extreme urgency, building contracts,
contracts declared to be secret).
68
We would draw your attention to the fact that:
- if the valid documentary evidence confirming the declaration on your honour is not sent to the
above address by the abovementioned deadline
or
- if the contract is not returned to the above address, duly dated and signed by the authorised
13
person indicated on page 1 of the contract before [dd/mm/yyyy]
or
- if you make any change to the wording of the contract or the annexes to it,
we may refuse to sign the contract and, if appropriate, award it to another tenderer or cancel the
procedure.
A copy of the contract will be sent to you once it has been signed and dated by the [EEAS]
14
[Delegation].]
[Please also lodge a guarantee of EUR [to be completed], in accordance with Article [to be
completed] of the contract.] [This guarantee must be drawn up as per the attached model and must
be sent to us (choose)
- with the two signed copies of the contract (in the case of a performance guarantee)
- with the prefinancing request (in the case of a prefinancing guarantee).]
Yours faithfully,
[Annexes: [two copies of the contract]

[specimen guarantee]]
13
If signature of the contract is suspended, the letter from the EEAS/Delegation should indicate that this date no longer applies.
14
Authorising departments which send copies of the contract pre-signed by the EEAS/Delegation must wait until the deadline has
expired before sending the contract signed by both parties. This clause will therefore not apply. More generally, authorising
departments which prefer to send copies of the contract subsequently should delete this clause.
69
13. Information letter to the unsuccessful tenderer
70
TO BE SENT TO UNSUCCESSFUL TENDERERS
(by LETTER and by FAX or E-mail)
Brussels, [date]
Name15:
Address:
Subject: Procurement procedure [to be completed]
Ref.: Your tender [to be completed]
Dear Sirs,
After examination of the tenders received in response to our call for tenders, we regret to inform
you that your [application] [bid] has not been selected for the above procurement contract.
The grounds for our decision to reject your [application] [bid] are:
[to be completed]
Without prejudice to any legal appeal, you may obtain additional information on the grounds for
the rejection of your bid.
[If you so request in writing, you may be informed of the characteristics and relative advantages of
the successful tender and the name of the tenderer to whom the contract has been awarded.
However, certain details will not be disclosed if disclosure would hinder application of the law,
would be contrary to the public interest, would harm the legitimate business interests of public or
private undertakings or could distort fair competition between them.]16
[We will not be signing the contract with the successful tenderer for fourteen calendar days from
the day following the date on which this letter was sent. Should it not be possible to conclude the
contract with this tenderer or should that tenderer withdraw, we reserve the right to review our
decision and to award the contract to another tenderer, to close the procedure or to abandon
procurement.]17
15
The status of the representatives of groups/consortia/associations must be clearly specified (‘letter to Company X in its
capacity as agent for Group Z’ or, alternatively, ‘letter to Group Z, represented by Company X’).
16
To be inserted only for unsuccessful tenderers whose bids were admissible, i.e. were not excluded and met the selection
criteria.
17
To be used for all contract award procedures covered by Directive 2004/18/EC, except for contracts to be awarded
pursuant to a negotiated procedure without prior publication of a contract notice and in the other cases referred to in
Article 158a(2) of the Implementing Rules (only tender in certain circumstances, specific contract based on a framework
contract without reopening of competition).
71
[We will not be signing the contract with the successful tenderer for fourteen calendar days from
the day following the date on which the contract award notice is published in the Official Journal
of the European Union. Should it not be possible to conclude the contract with this tenderer or
should that tenderer withdraw, we reserve the right to review our decision and to award the
contract to another tenderer, to close the procedure or to abandon procurement.]18
Any request for information you may make and any reply from us will have neither the purpose
nor the effect of suspending the deadline for lodging an appeal against the award decision, which
must be done within two months of this letter.
The court responsible for hearing appeal procedures is the General Court:
General Court
Rue du Fort Niedergrünewald
L-2925 Luxembourg
Tel.: (352) 4303-1 Fax: (352) 4303 2100
E-mail: CFI.Registry@curia.europa.eu
URL: http://curia.europa.eu
Thank you for your interest in the work of the European Union. We trust that it will be renewed in
future procurement procedures.
Yours faithfully,
18
To be used for contracts to be awarded pursuant to a negotiated procedure without prior publication of a contract notice
except in those cases referred to in Article 126(1)(c), (h) and (j) of the Implementing Rules (extreme urgency, building
contracts, contracts declared to be secret).
72
14. Information letter in the event of cancellation
73
STANDARD LETTER IN THE EVENT OF CANCELLATION
(DECISION NOT TO AWARD CONTRACT or TO ABANDON PROCUREMENT)
[Brussels][ … ], [date]
Name:
Address:
Subject: Cancellation of procurement procedure [complete]

Ref.: Your bid [to be completed]
Dear Sirs,
[We regret to inform you that no [application][bid] was selected for the award of the above
procurement contract.
The grounds for [the decision not to award the contract] are:
[to be completed]]
[We regret to inform you that we have abandoned the above procurement procedure.
The grounds for our decision are:
[to be completed]]
Thank you for your interest in the work of the European Union. We trust that it will be renewed in
future procurement procedures.
Yours faithfully,
74
15. Direct service contract
75
SERVICE CONTRACT
CONTRACT No – [complete]19
Headquarters [The European External Action Service (hereinafter referred to as ‘the EEAS’),
representing the European Union (hereinafter referred to as ‘the Union’), which is represented]
Delegations [The European Union (hereinafter referred to as ‘the Union'), represented by the
Delegation of the European Union (hereinafter referred to as ‘the Delegation’), which is
represented]
for the purposes of the signature of this contract by [forename, surname, function, department] 20,
of the one part,
and
[official name in full]

[official legal form]21
[statutory registration number]22
[official address in full]
[VAT registration number]
(hereinafter referred to as ‘the Contractor’23), [represented for the purposes of the signature of this
contract by [name in full and function,]]
of the other part,

The footnotes/options are internal instructions for authorising officers only and must be deleted/completed before contracts are
sent out. The General Conditions contain references to articles in the Special Conditions, the re-numbering of which should be
avoided.
19
Options [in italics] to be deleted where not applicable.
Options [in roman] to be completed.
20
The [EEAS] [Delegation] official must be an authorising officer (by delegation or subdelegation) designated in accordance wit h
Note No 60008 of 22 February 2001 ‘Mise en place de la Charte des ordonnateurs’
21
Delete if contractor is a natural person or a body governed by public law.
22
Delete if contractor is a body governed by public law. For natural persons, indicate the number of their identity card or, failing
that, of their passport or equivalent.
23
In the case of a joint offer and provided the invitation to tender so specifies, the following clause should be added below the
identification of the parties: ‘The parties identified above and hereinafter collectively referred to as “the Contractor” shall be
jointly and severally liable vis-à-vis the [EEAS] [Delegation] for the performance of this contract’.
76
HAVE AGREED
the Special Conditions and the General Conditions below and the following Annexes 24:
Annex I – Tender Specification (Invitation to Tender No [complete] of [complete]) and

Monitoring
Annex II – Contractor's Tender (No [complete] of [complete])
[Other Annexes]25
which form an integral part of this contract (hereinafter referred to as ‘the Contract’).
The terms set out in the Special Conditions shall take precedence over those in the other parts of
the Contract. The terms set out in the General Conditions shall take precedence over those in the
Annexes. The terms set out in the Specification (Annex I) shall take precedence over those in the
Tender (Annex II).
Subject to the above, the several instruments forming part of the Contract are to be taken as
mutually explanatory. Ambiguities or discrepancies within or between such parts shall be
explained or rectified by a written instruction issued by the [EEAS] [Delegation], subject to the
rights of the Contractor under Article I.7 should it dispute any such instruction.
24
Voluminous annexes may be replaced by a reference to the documents concerned, provided the content of such documents is
not subject to challenge (by virtue of their public nature).
25
Specific additional rules resulting from the specific requirements of the contract concerned or imposed by the applicable
legislation.
77
I – SPECIAL CONDITIONS
ARTICLE I.1 – SUBJECT
I.1.1 The subject of the Contract is [short description of subject].
I.1.2 The Contractor shall execute the tasks26 assigned to it in accordance with the Tender
Specification annexed to the Contract (Annex I).
ARTICLE I.2 – DURATION
I.2.1 The Contract shall enter into force [[on the date on which it is signed by the last
contracting party]27 [on complete if it has already been signed by both contracting
parties]].
I.2.2 Execution of the tasks may under no circumstances begin before the date on which the
Contract enters into force.
I.2.3 The duration of the tasks shall not exceed [days/months]. This period and all other periods
specified in the Contract are calculated in calendar days. Execution of the tasks shall start
from [date of entry into force of the Contract] or [indicate]. The period of execution of the
tasks may be extended only with the express written agreement of the parties before such
period elapses.
[The [EEAS] [Delegation] is not obliged to react to any request for extension of the
duration of the tasks received less than [complete] before expiry of the period of execution
or with less than one third of the period of execution left to run, whichever period is the
shorter.]
[The execution of the tasks is divided in [two/three …] phases of [days/months] each. The
Contractor is authorised to continue the execution of the tasks in the [second/third …]
phase [only with the written consent of the [EEAS] [Delegation] following an analysis of
an interim report at the end of the preceding phase], on the condition that the funding
necessary is available in the budget of the Union. The [EEAS] [Delegation] shall inform
the Contractor about its consent by a written notice in advance.]28
[I.2.4 The Contract may be renewed up to [complete]29 times, each time for a period of execution
of tasks of [days/months]30, only before payment of the balance and with the express
26
Depending on the nature of the tasks, ‘execution of the tasks’ could possibly be replaced by ‘provision of the services’
throughout the Contract.
27
As a rule the [EEAS] [Delegation] signs last. In this case, the Contractor should be duly informed of the date on which the
28
This optional clause is to be used if commitments are broken down over several years into annual instalments in
accordance with Article 76(3) FR, i.e. only if the basic act so provides or for administrative expenditure.
29
Specify number of times (once, twice…).
30
Specify length of the period of renewal (number of months, years…). The total duration of the Contract must not exceed the
period specified in the invitation to tender.
78
written agreement of the parties, indicating the date on which execution of the tasks shall
start. Renewal does not imply any modification or deferment of existing obligations.]
[The Contract shall be renewed automatically up to [complete] times, each time for a period
of execution of tasks of [days/months], starting [[from] [days/months after]] the date of
[[payment of the balance][completion of the tasks]] of the previous period, unless written
notification to the contrary is sent by one of the contracting parties and received by the other
[[before payment of the balance] [before complete date]]. Renewal does not imply any
modification or deferment of existing obligations.]
ARTICLE I.3 – CONTRACT PRICE
[I.3.1] The [maximum31] total amount to be paid by the [EEAS] [Delegation] under the Contract
shall be EUR [amount in figures and in words] covering all tasks executed.
[I.3.2 The total amount referred to in the above paragraph shall be fixed and not subject to
revision for the first year of performance of the Contract.
From the beginning of the second year of performance of the Contract, the amount(s) may
be revised upwards or downwards each year, where such revision is requested by one of
the contracting parties by registered letter received by the other no later than three months
before the anniversary of the date on which the Contract was signed.
This revision shall be determined by the trend in the [harmonised] consumer price index
[complete]32 published for the first time by [the Publications Office of the European Union
in the Eurostat monthly 'Data in Focus' publication at http://www.ec.europa.eu/eurostat/].
31
To be used for unit-price based contracts.
32
Specify the consumer price index, e.g.:
 ‘EICP’: (euro zone 17) for contracts denominated in euros (as a general rule);
 ‘EICP’: (European Union) for contracts performed in the European Union (outside the euro zone);
 consumer price index of the State in whose currency the contract price is expressed:
a) index of the State where the contractor has its principal place of business; or
b) index of the State where the service will be mainly carried out.
79
Revision shall be calculated in accordance with the following formula:
Ir
Ar = Ao —
Io
where:
Ar = revised total price;
Ao = total price in the original tender;
Io = index for the month [[in which the validity of the tender expires] [corresponding to
the final date for submission of tenders]];
Ir = index for the month [[corresponding to the date of receipt of the letter requesting a
revision of prices] [in which the revised prices take effect]]33.]34
[I.3.3 In addition to the total amount specified in Article I.3.1, travel, subsistence and shipment
expenses shall be reimbursed in accordance with Article II.7, as shall other expenses
provided for by the Tender Specification up to a maximum amount of EUR [amount in
figures and in words]. The daily subsistence allowance referred to in Article II.7.4(d) shall
be [EUR complete] [determined in accordance with Annex complete]35.]
36
ARTICLE I.4 – PAYMENT PERIODS AND FORMALITIES
Payments under the Contract shall be made in accordance with Article II.4. Payments shall be
executed only if the Contractor has fulfilled all its contractual obligations by the date on which the
invoice is submitted. [Payment requests may not be made if payments for previous periods have
not been executed as a result of default or negligence on the part of the Contractor.]
[I.4.1 Prefinancing:
Following signature of the Contract by the last contracting party37, within [complete]38 days of
[the latest of the following dates:]
 the receipt by the [EEAS] [Delegation] of a relevant invoice
 [the receipt by the [EEAS] [Delegation] of a duly constituted financial guarantee equal to
at least EUR [amount in figures and in words]]39
33
This option is not recommended when payments have to be made in the first month, given the availability of the indexes.
34
The invitation to tender must state clearly whether the price is subject to revision or not. When there is no provision for price
revision, we suggest keeping Article I.3.2 blank and replacing the clause with the comment ‘not applicable’ to avoid any need
for article re-numbering or problems of cross-reference.
35
The daily subsistence allowance to be indicated may be calculated by addition of the daily allowances' rate and the reimbursable
accommodation expenses produced by DG HR
((http://myintracomm.ec.europa.eu/hr_admin/en/missions/Documents/guide_new_en.pdf), in particular if more than one
country is concerned.
36
The insertion of prefinancing and interim payment clauses is optional but there must always be provision for payment of the
balance.
37
Where the Contractor is the last to sign, this clause should be worded as follows: ‘the date on which the signed Contract was
received by the Commission’.
38
The maximum payment period allowed is thirty days under the rules for the implementation of the Financial Regulation
(Regulation No 2342/2002), unless otherwise provided by the Contract.
80
a prefinancing payment of
EUR [complete amount in figures and in words] equal to [complete]%40 of the total amount
referred to in Article I.3[.1]
shall be made.]
[I.4.2 Interim payments:

Requests for interim payment by the Contractor shall be admissible if accompanied by41:
 [an interim technical report42 in accordance with the instructions laid down in Annex I]
 the relevant invoices
 [statements of reimbursable expenses in accordance with Article II.7]
[provided the report has been approved by .]
Option 1
[The [EEAS] [Delegation] shall have [twenty - forty-five - sixty]43 days from receipt to
approve or reject the report, and the Contractor shall have [complete] days in which to submit
additional information or a new report.]
Within [complete]44 days [of the date on which the report is approved by the authorising
officer], an interim payment corresponding to [the relevant invoices] [EUR complete amount in
figures and in words] [equal to complete% of the total amount referred to in Article I.3.1] shall
be made.]
Option 2
[The [EEAS] [Delegation] shall have [complete]45 days from receipt to approve or reject the
report and to make an interim payment corresponding to [the relevant invoices] [EUR
complete amount in figures and in words] [complete% of the total amount referred to in Article
I.3.1].]. The Contractor shall have [complete] days in which to submit additional information
or a new report.]
39
This guarantee is mandatory for prefinancing payments exceeding EUR 150 000 or in the cases referred to in Article 135(6),
second subparagraph, of the rules for the implementation of the Financial Regulation (Regulation No 2342/2002): if the
contracting authority does not ask for proof of capacity as required by the selection criteria for contracts worth not more than
EUR 60 000, prefinancing must be backed by a financial guarantee of the same amount. However, where the contractor is a
public body, the authorising officer responsible may, depending on his/her risk assessment, waive that obligation.
40
It is suggested that the prefinancing does not exceed 30% of the total amount of the Contract.
41
Delete where not applicable.
42
Should the subject of the Contract be a study, the deliverable has to be clearly identified and should not be termed a ‘report’.
Otherwise there could be confusion with this technical report, the purpose of which is to describe the performance of the
Contract.
43
Twenty days for simple contracts, sixty days for contracts requiring complex technical assessment, and forty-five days for all
other contracts.
44
45
The authorising officer may decide that a single time limit for the approval of the report and payment shall apply. This single
time limit cannot exceed the aggregated maximum applicable periods for approval of the report and for payment.
81
[I.4.2] [I.4.3] Payment of the balance:
The request for payment of the balance of the Contractor shall be admissible if accompanied
by46
 [the final technical report in accordance with the instructions laid down in Annex I]
[provided the report has been approved by the [EEAS] [Delegation]].
Option 1
Within [complete]48 days [of the date on which the report is approved by the [EEAS]
[Delegation]], payment of the balance corresponding to [the relevant invoices] [EUR complete
amount in figures and in words] [complete% of the total amount referred to in Article I.3.1]
shall be made.
Option 2
report and to pay the balance corresponding to [the relevant invoices] [EUR complete amount
in figures and in words] [complete% of the total amount referred to in Article I.3.1]. The
Contractor shall have [complete] days in which to submit additional information or a new
report.]
[For Contractors established in Belgium, the provisions of the Contract constitute a request for
VAT exemption No 450, provided the Contractor includes the following statement in its
invoice(s): ‘Exonération de la TVA, article 42, paragraphe 3.3 du code de la TVA’ or an
equivalent statement in the Dutch or German language.]
[[I.4.2] [I.4.3] [I.4.4] Performance guarantee:

Option 1
A performance guarantee shall be constituted by deduction of 10% from [each] [the] interim
payment[s]. It shall be discharged by payment of the balance. It shall cover performance of the
Contract in accordance with the terms set out in Annex I.
Option 2
46
47
other contracts.
48
49
82
payment[s], up to 10% of the total value of the Contract from the payment of the balance. It
shall be withheld for up to [complete]50 months from the date of payment of the balance. It shall
cover performance of the Contract in accordance with the terms set out in Annex I.
Option 3
An amount corresponding to 10% of the total value of the Contract shall be withheld for up to
[complete]51 months from the date of payment of the balance in order to constitute a
performance guarantee. It shall cover performance of the Contract in accordance with the
terms set out in Annex I.
Option 4
A guarantee for an amount of [EUR complete amount in figures and in words] shall be issued
by a bank, an authorised financial institution or a third party in favour of the [EEAS]
[Delegation]. It shall be released one month after payment of the balance or three months after
the issuance of a corresponding recovery order52. It shall cover performance of the Contract in
accordance with the terms set out in Annex I.
ARTICLE I.5 – BANK ACCOUNT
Payments shall be made to the Contractor’s bank account denominated in euro 53, identified54 as
follows:
Name of bank: [complete]

Address of branch in full: [complete]
Exact designation of account holder: [complete]
Full account number including codes: [complete]
[IBAN55 code: [complete]]
ARTICLE I.6 – GENERAL ADMINISTRATIVE PROVISIONS
Any communication relating to the Contract shall be made in writing and shall bear the Contract
number. Ordinary mail shall be deemed to have been received by the [EEAS] [Delegation] on the
date on which it is registered by the department responsible indicated below. Communications
shall be sent to the following addresses56:
50
The period for discharge of the performance guarantee is determined by the need to check the execution of complex tasks. It
may vary from the shortest possible period after payment (where the satisfactory performance of the contract is self-evident) to
many months.
51
The period for discharge of the performance guarantee is determined by the need to check the execution of complex tasks. It
may vary from the shortest possible period after payment (where the satisfactory performance of the contract is self-evident) to
many months.
52
The period for release of the performance guarantee can be extended if needed to check the execution of complex tasks but in
the case of most services, there is no reason to extend it. In any case it should never be reduced.
53
Or local currency where the receiving country does not allow transactions in euro.
54
By a document issued or certified by the bank.
55
BIC or SWIFT code for countries with no IBAN code.
56
Fax number and e-mail accounts may be added. If an e-mail account and the account holder is absent, incoming e-mails should
be redirected with an added indication of the reference date of the electronic communication (date of sending, receiving or
opening).
83
[EEAS] [Delegation]:
[EEAS] [Delegation …]
[Department [complete]]
[Division [complete]]
[Postcode and city]
Contractor:
Mr/Mrs/Ms [complete]
[Function]
[Company name]
[Official address in full]
ARTICLE I.7 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES
I.7.1 The Contract shall be governed by Union law, complemented, where necessary, by the
national substantive law of [the country of posting of the competent authorising officer, as
provided by the internal rules for the implementation of the budget]57.
I.7.1a Without prejudice to Article I.7.2, in the event that any dispute arises between the parties
resulting from the interpretation or application of the Contract and the dispute is not
resolved by negotiation, the parties may agree to submit the dispute to mediation.
If any party to the dispute gives written notice to the other party of its desire to commence
mediation, and the other party agrees in writing, the parties shall jointly appoint a
mutually acceptable mediator within two weeks of the date of the said written agreement. If
the parties are unable to agree upon the appointment of a mediator within that time period,
any party may apply to [court, organisation or person agreed to by the parties when
signing the Contract], for the appointment of a mediator.
The mediator's written proposal or written conclusion stating that no proposal can be
made, shall be produced within two months of the date of the written agreement by the
second party to commence mediation. The mediator's proposal or conclusion shall not be
binding on the parties, who reserve the right to bring the dispute before the courts, in
accordance with Article I.7.2.
Within two weeks of the date of notification of the proposal by the mediator, the parties can
conclude a written agreement, duly signed by all parties, based on the proposal.
The parties further agree to share equally the costs of mediation by the mediator, which
shall not include any other costs incurred by a party in connection with the mediation.]58
I.7.2 Any dispute between the parties resulting from the interpretation or application of the
Contract which cannot be settled amicably shall be brought before the courts of [the place
of employment of the competent authorising officer, as provided by the internal rules for
the implementation of the budget]59.
57
Except where duly substantiated (see following footnote).
58
Optional clause.
59
Except where duly substantiated. Such exceptions include, for example, a service contract concluded by a Representation of the
Union in a Member State.
84
ARTICLE I.8 – DATA PROTECTION
Any personal data included in the Contract shall 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. The data shall be
processed solely for the purposes of the performance, management and monitoring of the Contract
by [entity acting as data controller] without prejudice to possible transmission to the bodies
charged with a monitoring or inspection task in application of Union law. The Contractor shall
have the right of access to its personal data and the right to rectify any such data. Should the
Contractor have any queries concerning the processing of its personal data, it shall address them to
[entity acting as data controller]. The Contractor shall have right of recourse at any time to the
European Data Protection Supervisor.
Where the Contract requires the processing of 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 which may be processed, the recipients of the data, and the means by which the
data subject may exercise his/her rights.
The data is confidential within the meaning of Regulation (EC) No 45/2001 of the European
Parliament and of the Council on the protection of individuals with regard to the processing of
personal data by Community institutions and bodies and on the free movement of such data. The
Contractor shall limit access to the data to the staff strictly necessary for the performance,
management and monitoring of the Contract.
The Contractor undertakes to adopt appropriate technical and organisational security measures
having 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 having access to computer systems processing
personal data, and especially:
aa) unauthorised reading, copying, alteration or removal of storage media;
ab) unauthorised data input as well as any unauthorised disclosure, alteration or erasure of
stored personal data;
ac) unauthorised persons from using data-processing systems by means of data
transmission facilities; b)
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 has been communicated, at what times 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 institution or body;
e) ensure that, during communication of personal data and during 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.
ARTICLE I.9 – TERMINATION BY EITHER CONTRACTING PARTY
Either contracting party may, of its own volition and without being required to pay compensation,
terminate the Contract by serving [complete60] formal prior notice. Should the [EEAS]
60
You are advised to enter 14 days or one month but, depending on your assessment of the situation, you may decide to settle for
a longer period.
85
[Delegation] terminate the Contract, the Contractor shall be entitled only to payment
corresponding to part-performance of the Contract. On receipt of the letter terminating the
Contract, the Contractor shall take all appropriate measures to minimise costs, prevent damage,
and cancel or reduce its commitments. It shall draw up the documents required by the Special
Conditions for the tasks executed up to the date on which termination takes effect, within a period
not exceeding sixty days from that date.
[ARTICLE I.9a – CONTRACT CONCLUDED DURING STANDSTILL PERIOD
If this Contract was signed by both the [EEAS] [Delegation] and the Contractor before the expiry
of 14 calendar days [from the day after simultaneous dispatch of information about the award
decisions and decisions to reject]61, this Contract shall be null and void.]
This Article is not applicable to contracts not covered by Directive 2004/18/EC or in the cases
provided for in Article 158a(2) of the rules for the implementation of the Financial Regulation
(Regulation No 2342/2002).
62
[ARTICLE I.10 – OTHER SPECIAL CONDITIONS ]
61
Where the Contract is awarded pursuant to a negotiated procedure without prior publication of a contract notice, the text in
brackets should read as follows: [from the day after the contract award notice has been published in the Official Journal of the
European Union].
62
To be completed by the department responsible, where appropriate. Division A2, responsible for contracts in the EEAS,
may be consulted in advance for any change to the model standard contract, if such consultation is judged necessary.
86
II – GENERAL CONDITIONS
ARTICLE II.1 – PERFORMANCE OF THE CONTRACT
II.1.1 The Contractor shall perform the Contract according to the highest professional standards.
The Contractor shall have sole responsibility for complying with any legal obligations
incumbent on it, notably those resulting from employment, tax and social legislation.
II.1.2 The Contractor shall have sole responsibility for taking the necessary steps to obtain any
permit or licence required for performance of the Contract under the laws and regulations
in force at the place where the tasks assigned to it are to be executed.
II.1.3 Without prejudice to Article II.3 any reference made to the Contractor’s staff in the
Contract shall relate exclusively to individuals involved in the performance of the Contract.
II.1.4 The Contractor must ensure that any staff performing the Contract have the professional
qualifications and experience required for the execution of the tasks assigned to it.
II.1.5 The Contractor shall neither represent the Union nor behave in any way that would give
such an impression. The Contractor shall inform third parties that it does not belong to the
European public service.
II.1.6 The Contractor shall have sole responsibility for the staff who execute the tasks assigned to
it.
The Contractor shall make provision for the following employment or service relationships
with its staff:
 staff executing the tasks assigned to the Contractor may not be given orders direct by the
Union;
 the Union may not under any circumstances be considered to be the staff's employer and
the said staff shall undertake not to invoke in respect of the Union any right arising from
the contractual relationship between the Union and the Contractor.
II.1.7 In the event of disruption resulting from the action of a member of the Contractor's staff
working on Union premises or in the event of the expertise of a member of the Contractor's
staff failing to correspond to the profile required by the Contract, the Contractor shall
replace that staff member without delay. The Union shall have the right to request the
replacement of any such member of staff, stating its reasons for so doing. Replacement
staff must have the necessary qualifications and be capable of performing the Contract
under the same contractual conditions. The Contractor shall be responsible for any delay in
the execution of the tasks assigned to it resulting from the replacement of staff in
accordance with this Article.
87
II.1.8 Should any unforeseen event, action or omission directly or indirectly hamper execution of
the tasks, either partially or totally, the Contractor shall immediately and on its own
initiative record it and report it to the Union. The report shall include a description of the
problem and an indication of the date on which it started and of the remedial action taken
by the Contractor to ensure full compliance with its obligations under the Contract. In such
an event, the Contractor shall give priority to solving the problem rather than determining
liability.
II.1.9 Should the Contractor fail to perform its obligations under the Contract in accordance with
the provisions laid down therein, the Union may - without prejudice to its right to terminate
the Contract - reduce or recover payments in proportion to the scale of the failure. In
addition, the Union may claim compensation or impose liquidated damages provided for in
Article II.16.
ARTICLE II.2 - LIABILITY
II.2.1 The Union shall not be liable for damage sustained by the Contractor in performance of the
Contract except in the event of wilful misconduct or gross negligence on the part of the
Union.
II.2.2 The Contractor shall be liable for any loss or damage it causes in performance of the
Contract, including in the event of subcontracting under Article II.13. The Union shall not
be liable for any act or default on the part of the Contractor in performance of the Contract.
II.2.3 The Contractor shall provide compensation in the event of any action, claim or proceeding
brought against the [EEAS] [Delegation] by a third party as a result of damage caused by
the Contractor in performance of the Contract.
II.2.4 In the event of any action brought by a third party against the Union in connection with
performance of the Contract, the Contractor shall assist the Union. Expenditure incurred by
the Contractor to this end may be borne by the Union.
II.2.5 The Contractor shall take out insurance against risks and damage relating to performance of
the Contract if required by the relevant applicable legislation. It shall take out
supplementary insurance as reasonably required by standard practice in the industry. A
copy of all the relevant insurance contracts shall be sent to the Union should it so request.
ARTICLE II.3 - CONFLICT OF INTEREST
II.3.1 The Contractor shall take all necessary measures to prevent any situation that could
compromise the impartial and objective performance of the Contract. Such conflict of
interest could arise in particular as a result of economic interest, political or national
affinity, family or emotional ties, or any other relevant connection or shared interest. Any
conflict of interest which could arise during performance of the Contract must be notified
to the Union in writing without delay. In the event of such conflict, the Contractor shall
immediately take all necessary steps to resolve it.
88
The Union reserves the right to verify that such measures are adequate and may require that
additional measures be taken, if necessary, within a time limit which it shall set. The
Contractor shall ensure that its staff, board and directors are not placed in a situation which
could give rise to conflict of interest. Without prejudice to Article II.1 the Contractor shall
replace, immediately and without compensation from the Union, any member of its staff
exposed to such a situation.
II.3.2 The Contractor shall abstain from any contact likely to compromise its independence.
II.3.3 The Contractor declares:

 that it has not made and will not make any offer of any type whatsoever from which
an unjustified advantage can be derived under the Contract,
 that it has not granted and will not grant, has not sought and will not seek, has not
attempted and will not attempt to obtain, and has not accepted and will not accept,
any advantage, financial or in kind, to or from any party whatsoever, where such
advantage constitutes an illegal practice or involves corruption, either directly or
indirectly, inasmuch as it is an incentive or reward relating to performance of the
Contract.
II.3.4 The Contractor shall pass on all the relevant obligations in writing to its staff, board, and
directors as well as to third parties involved in performance of the Contract. A copy of the
instructions given and the undertakings made in this respect shall be sent to the Union
should it so request.
ARTICLE II.4 - PAYMENTS
II.4.1 Prefinancing:
Where required by Article I.4.1, the Contractor shall provide a financial guarantee in the form
of a bank guarantee or equivalent supplied by a bank or an authorised financial institution
(guarantor) equal to the amount indicated in the same Article to cover prefinancing under the
Contract. Such guarantee may be replaced by a joint and several guarantee by a third party.
The guarantor shall pay to the Union at its request an amount corresponding to payments made
by it to the Contractor which have not yet been covered by equivalent work by the Contractor.
The guarantor shall stand as first-call guarantor and shall not require the Union to have recourse
against the principal debtor (the Contractor).
The guarantee shall specify that it enters into force at the latest on the date on which the
Contractor receives the prefinancing. The Union shall release the guarantor from its obligations
as soon as the Contractor has demonstrated that any prefinancing has been covered by
equivalent work. The guarantee shall be retained until the prefinancing has been deducted from
interim payments or payment of the balance to the Contractor. It shall be released the following
month or, at the latest, three months after the issuance of a recovery order. The cost of
providing such guarantee shall be borne by the Contractor.
II.4.2 Interim payments:
89
At the end of each of the periods indicated in Annex I the Contractor shall submit to the [EEAS]
[Delegation] a formal request for payment accompanied by those of the following documents
which are provided for in the Special Conditions:
 an interim technical report in accordance with the instructions laid down in Annex I;
 the relevant invoices indicating the reference number of the Contract to which they refer;
 statements of reimbursable expenses in accordance with Article II.7.
If the report is a condition for payment, on receipt the Union shall have the period of time
indicated in the Special Conditions in which:
 to approve it, with or without comments or reservations, or suspend such period and request
additional information; or
 to reject it and request a new report.
If the Union does not react within this period, the report shall be deemed to have been
approved. Approval of the report does not imply recognition either of its regularity or of the
authenticity, completeness or correctness of the declarations and information enclosed.
Where the Union requests a new report because the one previously submitted has been rejected,
this shall be submitted within the period of time indicated in the Special Conditions. The new
report shall likewise be subject to the above provisions.
II.4.3 Payment of the balance:
Within sixty days of completion of the tasks referred to in Annex I the Contractor shall submit
to the Union a formal request for payment accompanied by those of the following documents
which are provided for in the Special Conditions:
 a final technical report in accordance with the instructions laid down in Annex I;
II.4.4 Payment currency and costs:
Payments are executed in the currency of the Contract.
Costs of the transfer are borne in the following way:
90
 costs of dispatch charged by the bank of the Union are borne by the Union,
 costs of receipt charged by the bank of the Contractor are borne by the Contractor,
 all costs of repeated transfer caused by one of the parties are borne by the party who caused
repetition of the transfer.
ARTICLE II.5 – GENERAL PROVISIONS CONCERNING PAYMENTS
II.5.1 Payments shall be deemed to have been made on the date on which the Union’s account is
debited.
II.5.2 The payment periods referred to in Article I.4 may be suspended by the Union at any time
if it informs the Contractor that its payment request is not admissible, either because the
amount is not due or because the necessary supporting documents have not been properly
produced. In case of doubt on the eligibility of the expenditure indicated in the payment
request, the Union may suspend the time limit for payment for the purpose of further
verification, including an on-the-spot check, in order to ascertain, prior to payment, that the
expenditure is eligible.
The Union shall notify the Contractor accordingly and set out the reasons for the
suspension by registered letter with acknowledgement of receipt or equivalent. Suspension
shall take effect from the date of dispatch of the letter. The remainder of the period referred
to in Article I.4 shall begin to run again once the suspension has been lifted.
II.5.3 In the event of late payment the Contractor shall be entitled to interest, provided the
calculated interest exceeds EUR 200. If the interest does not exceed EUR 200, the
Contractor may claim interest within two months of receiving the payment. Interest shall be
calculated at the rate applied by the European Central Bank to its most recent main
refinancing operations (‘the reference rate’) plus seven percentage points (‘the margin’).
The reference rate in force on the first day of the month in which the payment is due shall
apply. Such interest rate is published in the C series of the Official Journal of the European
Union. Interest shall be payable for the period elapsing from the calendar day following
expiry of the time limit for payment up to the day of payment. Suspension of payment by
the Union may not be deemed to constitute late payment.
ARTICLE II.6 - RECOVERY
II.6.1 If total payments made exceed the amount actually due under the Contract or if recovery is
justified in accordance with the terms of the Contract, the Contractor shall reimburse the
appropriate amount in euro on receipt of the debit note, in the manner and within the time
limits set by the Union.
II.6.2 In the event of failure to pay by the deadline specified in the request for reimbursement, the
sum due shall bear interest at the rate indicated in Article II.5.3. Interest shall be payable
from the calendar day following the due date up to the calendar day on which the debt is
repaid in full.
91
II.6.3 The Union may, after informing the Contractor, recover amounts established as certain, of a
fixed amount and due by offsetting, in cases where the Contractor also has a claim on the
Union or the European Atomic Energy Community that is certain, of a fixed amount and
due. The Union may also claim against the guarantee, where provided for.
ARTICLE II.7 – REIMBURSEMENTS
II.7.1 Where provided by the Special Conditions or by Annex I, the Union shall reimburse the
expenses that are directly connected with execution of the tasks on production of original
supporting documents, including receipts and used tickets.
II.7.2 Travel and subsistence expenses shall be reimbursed, where appropriate, on the basis of the
shortest itinerary.
II.7.3 Travel expenses shall be reimbursed as follows:
a) travel by air shall be reimbursed up to the maximum cost of an economy-class ticket at

the time of the reservation;
b) travel by boat or rail shall be reimbursed up to the maximum cost of a first-class ticket;
c) travel by car shall be reimbursed at the rate of one first class rail ticket for the same
journey and on the same day;
d) travel outside Union territory shall be reimbursed under the general conditions stated
above provided the Union has given its prior written agreement.
II.7.4 Subsistence expenses shall be reimbursed on the basis of a daily allowance as follows:
a) for journeys of less than 200 km (return trip), no subsistence allowance shall be payable;
b) the daily subsistence allowance shall be payable only on receipt of a supporting

document proving that the person concerned was present at the place of destination;
c) the daily subsistence allowance shall take the form of a flat-rate payment to cover all
subsistence expenses, including accommodation, meals, local transport, insurance and
sundries;
d) the daily subsistence allowance, where applicable, shall be paid at the rate specified in
Article I.3.3.
II.7.5 The cost of shipment of equipment or unaccompanied luggage shall be reimbursed

provided the Union has given prior written authorisation.
ARTICLE II.8 - OWNERSHIP OF THE RESULTS - INTELLECTUAL AND INDUSTRIAL

PROPERTY
92
Any results or rights thereon, including copyright and other intellectual or industrial property
rights, obtained in performance of the Contract, shall be owned solely by the Union, which may
use, publish, assign or transfer them as it sees fit, without geographical or other limitation, except
where industrial or intellectual property rights exist prior to the Contract being entered into.
ARTICLE II.9 – CONFIDENTIALITY
II.9.1 The Contractor undertakes to treat in the strictest confidence and not make use of or
divulge to third parties any information or documents which are linked to performance of
the Contract. The Contractor shall continue to be bound by this undertaking after
completion of the tasks.
II.9.2 The Contractor shall obtain from each member of its staff, board and directors an
undertaking that they will respect the confidentiality of any information which is linked,
directly or indirectly, to execution of the tasks and that they will not divulge to third parties
or use for their own benefit or that of any third party any document or information not
available publicly, even after completion of the tasks.
ARTICLE II.10 – USE, DISTRIBUTION AND PUBLICATION OF INFORMATION
II.10.1 The Contractor shall authorise the Union to process, use, distribute and publish, for
whatever purpose, by whatever means and on whatever medium, any data contained in or
relating to the Contract, in particular the identity of the Contractor, the subject matter, the
duration, the amount paid and the reports. Where personal data are concerned, Article I.8
shall apply.
II.10.2 Unless otherwise provided by the Special Conditions, the Union shall not be required to
distribute or publish documents or information supplied in performance of the Contract. If
it decides not to publish the documents or information supplied, the Contractor may not
have them distributed or published elsewhere without prior written authorisation from the
Union.
II.10.3 Any distribution or publication of information relating to the Contract by the Contractor
shall require prior written authorisation from the Union and shall mention the amount paid
by the Union. It shall state that the opinions expressed are those of the Contractor only
and do not represent the Union's official position.
II.10.4 The use of information obtained by the Contractor in the course of the Contract for
purposes other than its performance shall be forbidden, unless the Union has specifically
given prior written authorisation to the contrary.
ARTICLE II.11 - TAXATION
II.11.1 The Contractor shall have sole responsibility for compliance with the tax laws which
apply to it. Failure to comply shall make the relevant invoices invalid.
93
II.11.2 The Contractor recognises that the Union is, as a rule, exempt from all taxes and duties,
including value added tax (VAT), pursuant to the provisions of Articles 3 and 4 of the
Protocol on the Privileges and Immunities of the European Union.
II.11.3 The Contractor shall accordingly complete the necessary formalities with the relevant
authorities to ensure that the goods and services required for performance of the Contract
are exempt from taxes and duties, including VAT.
II.11.4 Invoices presented by the Contractor shall indicate its place of taxation for VAT purposes
and shall specify separately the amounts not including VAT and the amounts including
VAT.
ARTICLE II.12 - FORCE MAJEURE
II.12.1 Force majeure shall mean any unforeseeable and exceptional situation or event beyond
the control of the contracting parties which prevents either of them from performing any
of their obligations under the Contract, was not due to error or negligence on their part or
on the part of a subcontractor, and could not have been avoided by the exercise of due
diligence. Defects in equipment or material or delays in making it available, labour
disputes, strikes or financial problems cannot be invoked as force majeure unless they
stem directly from an established case of force majeure.
II.12.2 Without prejudice to the provisions of Article II.1.8, if either contracting party is faced
with force majeure, it shall notify the other party without delay by registered letter with
acknowledgement of receipt or equivalent, stating the nature, likely duration and
foreseeable effects.
II.12.3 Neither contracting party shall be held in breach of its contractual obligations if it has
been prevented from performing them by force majeure. Where the Contractor cannot
fulfil its contractual obligations owing to force majeure, it shall have the right to
remuneration only for tasks actually executed.
II.12.4 The contracting parties shall take the necessary measures to reduce damage to a
minimum.
ARTICLE II.13 – SUBCONTRACTING
II.13.1 The Contractor shall not subcontract without prior written authorisation from the Union or
cause the Contract to be performed de facto by third parties.
II.13.2 Even where the Union authorises the Contractor to subcontract to third parties, the
Contractor shall none the less remain bound by its obligations to the Union under the
Contract and shall bear exclusive liability for proper performance of the Contract.
II.13.3 The Contractor shall make sure that the subcontract does not affect rights and guarantees
to which the Union is entitled by virtue of the Contract, notably Article II.17.
94
ARTICLE II.14 – ASSIGNMENT
II.14.1 The Contractor shall not assign the rights and obligations arising from the Contract, in
whole or in part, without prior written authorisation from the Union.
II.14.2 In the absence of the authorisation referred to in paragraph 1, or in the event of failure to
observe the terms thereof, assignment by the Contractor shall not be enforceable against
and shall have no effect on the Union.
ARTICLE II.15 – TERMINATION BY THE [EEAS] [DELEGATION]
II.15.1 The Union may terminate the Contract in the following circumstances:
a) where the Contractor is being wound up, is having its affairs administered by the courts,
has entered into an arrangement with creditors, has suspended business activities, is the
subject of proceedings concerning those matters, or is in any analogous situation arising
from a similar procedure provided for in national legislation or regulations;
b) where the Contractor has not fulfilled obligations relating to the payment of social security
contributions or the payment of taxes in accordance with the legal provisions of the country
in which it is established or with those of the country applicable to the Contract or those of
the country where the Contract is to be performed;
c) where the Union has evidence or seriously suspects the Contractor or any related entity or
person, of professional misconduct;
d) where the Union has evidence or seriously suspects the Contractor or any related entity or
person, of fraud, corruption, involvement in a criminal organisation or any other illegal
activity detrimental to the Union's financial interests;
e) where the Union has evidence or seriously suspects the Contractor or any related entity or
person, of substantial errors, irregularities or fraud in the award procedure or the
performance of the Contract;
f) where the Contractor is in breach of its obligations under Article II.3;
g) where the Contractor was guilty of misrepresentation in supplying the information required
by the Union as a condition of participation in the Contract procedure or failed to supply
this information;
h) where a change in the Contractor’s legal, financial, technical or organisational situation

could, in the Union's opinion, have a significant effect on the performance of the Contract;
i) where execution of the tasks has not actually commenced within three months 63 of the date
foreseen, and the new date proposed, if any, is considered unacceptable by the Union;
j) where the Contractor is unable, through its own fault, to obtain any permit or licence
required for performance of the Contract;
63
This period can be modified in the Special Conditions depending on the nature of the contract.
95
k) where the Contractor, after receiving formal notice in writing to comply, specifying the
nature of the alleged failure, and after being given the opportunity to remedy the failure
within a reasonable period following receipt of the formal notice, remains in serious breach
of its contractual obligations.
II.15.2 In case of force majeure, notified in accordance with Article II.12, either contracting party
may terminate the Contract, where performance thereof cannot be ensured for a period
corresponding to at least to one fifth of the period laid down in Article I.2.3.
II.15.3 Prior to termination under point (c), (d), (e), (h) or (k), the Contractor shall be given the
opportunity to submit its observations.
Termination shall take effect on the date on which a registered letter with
acknowledgement of receipt terminating the Contract is received by the Contractor, or on
any other date indicated in the letter of termination.
II.15.4 Consequences of termination

In the event of the Union terminating the Contract in accordance with this Article and
without prejudice to any other measures provided for in the Contract, the Contractor shall
waive any claim for consequential damages, including any loss of anticipated profits for
uncompleted work. On receipt of the letter terminating the Contract, the Contractor shall
take all appropriate measures to minimise costs, prevent damage, and cancel or reduce his
commitments. It shall draw up the documents required by the Special Conditions for the
tasks executed up to the date on which termination takes effect, within a period not
exceeding sixty days from that date.
The Union may claim compensation for any damage suffered and recover any sums paid
to the Contractor under the Contract.
On termination the Union may engage any other contractor to complete the work. The
Union shall be entitled to claim from the Contractor all extra costs incurred in making
good and completing the services, without prejudice to any other rights or guarantees it
has under the Contract.
ARTICLE II.15a – SUBSTANTIAL ERRORS, IRREGULARITIES AND FRAUD

ATTRIBUTABLE TO THE CONTRACTOR
Where, after the award of the Contract, the award procedure or the performance of the Contract
prove to have been subject to substantial errors, irregularities or fraud, and where such errors,
irregularities or fraud are attributable to the Contractor, the Union may refuse to make payments,
may recover amounts already paid or may terminate all the contracts concluded with the
Contractor, in proportion to the seriousness of the errors, irregularities or fraud.
ARTICLE II.16 - LIQUIDATED DAMAGES
Should the Contractor fail to perform its obligations under the Contract within the time limits set
by the Contract, then, without prejudice to the Contractor's actual or potential liability incurred in
96
relation to the Contract or to the Union's right to terminate the Contract, the Union may decide to
impose liquidated damages of 0.2%64 of the amount specified in Article I.3.1 per calendar day of
delay. The Contractor may submit arguments against this decision within thirty days of notification
by registered letter with acknowledgement of receipt or equivalent. In the absence of reaction on
its part or of written withdrawal by the Union within thirty days of the receipt of such arguments,
the decision imposing the liquidated damages shall become enforceable. These liquidated damages
shall not be imposed where there is provision for interest for late completion. The Union and the
Contractor expressly acknowledge and agree that any sums payable under this Article are in the
nature of liquidated damages and not penalties, and represent a reasonable estimate of fair
compensation for the losses that may be reasonably anticipated from such failure to perform
obligations.
ARTICLE II.17 – CHECKS AND AUDITS
II.17.1 Pursuant to Article 142 of the Financial Regulation applicable to the general budget of the
European Communities, the Court of Auditors shall be empowered to audit the documents
held by the natural or legal persons receiving payments from the budget of the Union
from signature of the Contract up to five years after payment of the balance.
II.17.2 The Union or an outside body of its choice shall have the same rights as the Court of
Auditors for the purpose of checks and audits limited to compliance with contractual
obligations from signature of the Contract up to five years after payment of the balance.
II.17.3 In addition, the European Anti-Fraud Office may carry out on-the-spot checks and
inspections in accordance with Council Regulation (Euratom, EC) No 2185/96 and
Parliament and Council Regulation (EC) No 1073/1999 from signature of the Contract up
to five years after payment of the balance.
ARTICLE II.18 - AMENDMENTS
Any amendment to the Contract shall be the subject of a written agreement concluded by the
contracting parties. An oral agreement shall not be binding on the contracting parties.
ARTICLE II.19 – SUSPENSION OF THE CONTRACT
Without prejudice to the Union's right to terminate the Contract, the Union may at any time and for
any reason suspend execution of the tasks under the Contract or any part thereof. Suspension shall
take effect on the day the Contractor receives notification by registered letter with
acknowledgement of receipt or equivalent, or at a later date where the notification so provides. The
Union may at any time following suspension give notice to the Contractor to resume the work
suspended. The Contractor shall not be entitled to claim compensation on account of suspension of
the Contract or of part thereof.
SIGNATURES
64
The daily rate for liquidated damages may be modified in the Special Conditions where the subject of the contract so justifies.
97
For the Contractor, For the [EEAS] [Delegation],
[Company name/forename/surname/function] [forename/surname/function]
signature[s]: _______________________ signature[s]: ______________________
Done at [Brussels/ …], [date] Done at [Brussels/ …], [date]
In duplicate in English.
98
ANNEX I
Tender Specification and Monitoring65
The purpose of this Annex is to enable the [EEAS] [Delegation] to conduct, throughout the
duration of the Contract, an accurate appraisal of whether the Contractor is executing the tasks
assigned to it in accordance with the provisions of the Contract.
So that the [EEAS] [Delegation] can regularly identify the progress made in execution of the tasks
in accordance with the tender specification, appropriate monitoring, assessment, and supervisory
procedures shall be set up. For these purposes, this Annex shall include all necessary details, in
particular, where relevant, the following:
(i) schedule of interim and final reports – terms for approval, structure and content (where
provision is made for such reports and a specific annex is not necessary);
(ii) schedule of audits to be carried out in accordance with Article II.17 of the Contract.
All details on monitoring and reporting must be included in the tender specification.
65
The following instructions are to be followed by the authorising officer but not published.
99
16. Direct supply contract
100
SUPPLY CONTRACT *
Delegation [The European Union (hereinafter referred to as ‘the Union'), represented by the
represented]
for the purposes of the signature of this contract by [forename, surname, function, department]67,
of the one part,
and

(hereinafter referred to as ‘the Contractor70’), [represented for the purposes of the signature of this
contract by [name in full and function,]]
of the other part,
*
The footnotes/options are internal instructions for authorising officers only and must be deleted/completed before contracts
are sent out. The General Conditions contain references to articles in the Special Conditions, the re-numbering of which
should be avoided.
66
67
The official must be an authorising officer (by delegation or subdelegation) designated in accordance with Note No 60008 of
22 February 2001 ‘Mise en place de la Charte des ordonnateurs’.
68
69
70
jointly and severally liable vis-à-vis the Commission for the performance of this contract’.
101
HAVE AGREED
Annex I Tender Specification (Invitation to Tender No [complete] of [complete])

Annex II Contractor's Tender (No [complete] of [complete])
[Other Annexes72]
- The terms set out in the Special Conditions shall take precedence over those in the other parts of
the Contract.
- The terms set out in the General Conditions shall take precedence over those in the Annexes.
- The terms set out in the Specification (Annex I) shall take precedence over those in the Tender
(Annex II).
Subject to the above, the several instruments forming part of this Contract are to be taken as
71
72
legislation.
102
ARTICLE I.1 - SUBJECT

I.1.2 The Contractor shall supply [and assemble] the goods [and shall provide the services
related to them] in accordance with the Tender Specification annexed to the Contract
(Annex I).
ARTICLE I.2 - DURATION AND DELIVERY
I.2.1 The Contract shall enter into force [on the date on which it is signed by the last contracting
party]73 [on [complete] if it has already been signed by both contracting parties].
I.2.2 Performance of the Contract may under no circumstances begin before the date on which
the Contract enters into force.
I.2.3 Delivery of goods [and provision of related services] shall take place [complete date or
indicate period] [immediately after the entry into force of the Contract].
[The execution of the tasks is divided into [two/three …] phases of [days/months] each. The
Contractor is authorised to continue the execution of the tasks in the [second/third (…)]
phase [only with the written consent of the [EEAS] [Delegation] following an analysis of
an interim report at the end of the preceding phase], on the condition that the funding
necessary is available in the Union budget. The [EEAS] [Delegation] shall inform the
Contractor of its consent by a written notice in advance.]74
I.2.4 The goods shall be delivered at [place and Incoterm]75
[The Contractor shall notify the [EEAS] [Delegation] of the exact date of delivery at least
[complete] days in advance. All deliveries shall be made between [complete] hours and
[complete] hours at the agreed place of delivery.] [Deliveries may be made on any working
day during normal working hours, at the agreed place of delivery.]76
73
As a rule the EEAS/Delegation signs last. In this case, the Contractor should be duly informed of the date on which the
74
This optional clause is to be used if commitments are broken down over several years into annual instalments as per
Article 76(3) FR, i.e. only if the basic act so provides or for administrative expenditure.
75
Incoterms 2000 of the International Chamber of Commerce (example of recommended Incoterm ‘DDP = Delivered Duty Paid
= maximum obligations lie with the Contractor: the Contractor has to bear all costs and risks involved in delivering goods to
destination.’) (Incoterms to be found at the following address: http://www.iccwbo.org/incoterms/preambles.asp).
76
For small deliveries.
103
ARTICLE I.3 - CONTRACT PRICES
I.3.1 The total amount to be paid by the [EEAS] [Delegation] under the Contract shall be EUR
[amount in figures and in words] covering the supply [and assembly] of all the goods [and
the provision of related services].
[I.3.2 Prices shall be fixed and not subject to revision for the first year of performance of the
Contract.
From the beginning of the second year of performance of the Contract, each price may be
revised upwards or downwards each year, where such revision is requested by one of the
contracting parties by registered letter no later than three months before the anniversary of
the date on which it was signed.
This revision shall be determined by the trend in the [harmonised] consumer price index
[complete]77 published for the first time by [the Publications Office of the European Union
in the Eurostat monthly 'Data in Focus' publication at http://www.ec.europa.eu/eurostat/].
Ir
Pr = Po —
Io
where:
Pr = revised price;
Po = price in the original tender;
Io = index for the month [[in which the validity of the tender expires] [corresponding to
the final date for submission of tenders]];
Ir = index for the month [corresponding to the date of receipt of the letter requesting a
revision of prices] [in which the revised prices take effect]]78.]79
ARTICLE I.4 – PAYMENT PERIODS AND FORMALITIES80
not been executed as a result of default or negligence on the part of the Contractor.81]
77
a) index of the State where the contractor is mainly based; or
b) index of the State where the goods will be made; or
c) index of the State where the goods will be supplied.
78
79
The invitation to tender must state clearly whether the price is subject to revision or not. When there is no provision for price
revision, we suggest keeping Article I.3.2 blank and replacing the clause with the comment ‘not applicable’ to avoid any need
for article re-numbering or problems of cross-reference.
80
The insertion of prefinancing and interim payment clauses is optional but there must always be provision for payment of the
balance.
81
Restrictive clause to add when judged necessary to establish a link between the various executions.
104
Following signature of the Contract by the last contracting party82, within [complete]83 days of
[the latest of the following dates:]
 the receipt by the [EEAS] [Delegation] of a relevant invoice

 [the receipt by the [EEAS] [Delegation] of a duly constituted financial guarantee equal to at
least EUR [amount in figures and in words]84]
a prefinancing payment of
EUR [complete amount in figures and in words] equal to [complete]%85 of the total amount
referred to in Article I.3.1]
shall be made.]
[I.4 complete Interim payments

Requests for interim payment by the Contractor shall be admissible if accompanied by86:
 [an interim technical report in accordance with the instructions laid down in Annex I]
[provided the report has been approved by the [EEAS] [Delegation].]
Option 1
[The [EEAS] [Delegation] shall have [twenty - forty-five - sixty]87 days to approve or reject the
report, and the Contractor shall have [complete] days in which to submit additional
information or a new report.]
Within [complete]88 days of [the date of receipt of the relevant invoice]89 [the date on which the
report is approved by the [EEAS] [Delegation],] an interim payment corresponding to [the
relevant invoices] [EUR complete amount in figures and in words] [complete% of the total
amount referred to in Article I.3.1] shall be made.]
82
Where the Contractor is the last to sign, this clause should be worded as follows: ‘the date on which the signed Contract was
received by the EEAS/Delegation’.
83
(Regulation No 2342/2002), unless otherwise provided by the contract.
84
contracting authority does not require proof of the selection criteria capacity for contracts lower than or equal to EUR 60 000,
pre-financing must be backed by a financial guarantee of the same amount. However, where the contractor is a public body,
the authorising officer responsible may, depending on his/her risk assessment, waive that obligation.
85
It is suggested that the prefinancing should not exceed 30% of the total amount of the Contract.
86
87
other contracts.
88
89
The invoice will be deemed to have been received by the EEAS/Delegation on the date on which it is registered by the
department responsible indicated in Article I.6.
105
Option 2
report and to pay an interim payment corresponding to [the relevant invoices] [EUR complete
amount in figures and in words] [complete% of the total amount referred to in Article I.3.1].
The Contractor shall have [complete] days in which to submit additional information or a new
report.]
I.4 complete Payment of the balance
by91
[provided the report has been approved by the [EEAS] [Delegation].]
Option 1
[The [EEAS] [Delegation] shall have [twenty - forty-five - sixty]92 days to approve or reject the
report, and the Contractor shall have [complete] days in which to submit additional
Within [complete]93 days of [the date of receipt of the relevant invoice]94 [the date on which the
report is approved by the [EEAS] [Delegation]], payment of the balance corresponding to [the
relevant invoices] [EUR complete amount in figures and in words] [complete% of the total
amount referred to in Article I.3.1] shall be made.
90
The authorising officer may decide that a single time limit for the approval of the report and payment shall apply. This
single time limit cannot exceed the aggregated maximum applicable periods for approval of the report and for payment.
91
92
other contracts.
93
94
The invoice will be deemed to have been received by the EEAS/Delegation on the date on which it is registered by the
106
Option 2
in figures and in words] [complete% of the total amount referred to in Article I.3.1]. The
report.]
[For Contractors established in Belgium, the provisions of the Contract constitute a request for
VAT exemption No 450, provided the Contractor includes the following statement in its
invoice(s): ‘Exonération de la TVA, article 42, paragraphe 3.3 du code de la TVA’ or an
equivalent statement in the Dutch or German language.]
[I.4 complete Performance guarantee
Option 1
payment[s]. It shall be discharged by payment of the balance. It shall cover performance of the
Contract in accordance with the terms set out in Annex I.
Option 2
payment[s], and up to 10% of the total value of the Contract from the payment of the balance. It
shall be withheld for up to [complete]96 months from the date of payment of the balance. It shall
cover performance of the Contract in accordance with the terms set out in Annex I.
Option 3
An amount corresponding to 10% of the total value of the Contract shall be withheld for up to
[complete]97 months from the date of payment of the balance in order to constitute a
performance guarantee. It shall cover performance of the Contract in accordance with the
terms set out in Annex I.
Option 4
A guarantee for an amount of EUR [complete amount in figures and in words] shall be issued
by a bank, an authorised financial institution or a third party in favour of the Union. It shall be
released one month after payment of the balance or three months after the issuance of a
corresponding recovery order98. It shall cover performance of the Contract in accordance with
the terms set out in Annex I.
95
96
The period for discharge of the performance guarantee is determined by the need to check the quality of complex goods. It
may vary from the shortest possible period after payment (where the satisfactory performance of the contract is self-evident)
to many months.
97
The period for discharge of the performance guarantee is determined by the need to check the quality of complex goods. It
may vary from the shortest possible period after payment (where the satisfactory performance of the contract is self-evident)
to many months.
98
The period for release of the performance guarantee can be extended if needed to check the quality of complex goods. In any
case it should never be reduced.
107
follows:

number. Ordinary mail shall be deemed to have been received by the [EEAS] [Delegation] on the
date on which it is registered by the department responsible indicated below. Communications
shall be sent to the following addresses102:
[Postcode and city]
Contractor:
[Function]
[Company name]
ARTICLE I.7– APPLICABLE LAW AND SETTLEMENT OF DISPUTES
99
Or local currency where the receiving country does not allow transactions in euro.
100
101
102
Fax number and e-mail accounts may be added. If an e-mail account is given and the account holder is absent, incoming e-
mails should be redirected with an added indication of the reference date of the electronic communication (date of sending,
receiving or opening).
103
Except where duly substantiated. Such exceptions include, for example, a supply contract concluded by a Representation of
the Union in a Member State.
108
costs will not include any other costs incurred by a party in connection with the
mediation.]104
Any personal data included in or relating to the Contract, including its execution, shall 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. The data shall be processed solely for the purposes of the performance,
management and monitoring of the Contract by [entity acting as data controller] without prejudice
to possible transmission to the bodies charged with a monitoring or inspection task in application
of Union law. The Contractor shall have the right of access to its personal data and the right to
rectify any such data. Should the Contractor have any queries concerning the processing of its
personal data, he/she shall address them to [entity acting as data controller]. The Contractor shall
have right of recourse at any time to the European Data Protection Supervisor.
104
Optional clause.
105
109
transmission facilities; b)
terminate the Contract by serving [complete106] formal prior notice. Should the [EEAS]
corresponding to the goods delivered before the termination date. On receipt of the letter
terminating the Contract, the Contractor shall take all appropriate measures to minimise costs,
prevent damage, and cancel or reduce its commitments. It shall draw up the documents required by
the Special Conditions for the goods delivered and services rendered up to the date on which
termination takes effect, within a period not exceeding sixty days from that date.
decisions and decisions to reject]107,it shall be null and void.]
This Article is not applicable to contracts not covered by Directive 2004/18/EC or in the cases
provided for in Article 158a(2) of the rules for the implementation of the Financial Regulation
(Regulation No 2342/2002).
[ARTICLE I.10 – OTHER SPECIAL CONDITIONS108]
106
It is recommended to indicate 14 days or one month but, depending on your assessment of the situation, you may decide to
settle for a longer period.
107
European Union].
108
To be completed by the department responsible, where appropriate. Unit D2, responsible for contracts in DG BUDGET, may be
consulted in advance for any change to the model standard contract, if such consultation is judged necessary.
110
II.1.1 Delivery
a) Time allowed for delivery
The time allowed for delivery shall be calculated in accordance with Article I.2.
b) Date, time and place of delivery
The Union shall be notified in writing of the exact date of delivery within the period
indicated in Article I.2. All deliveries shall be made at the agreed place of delivery
during the hours indicated in Article I.2.
The Contractor shall bear all costs and risks involved in delivering the goods to the
place of delivery.
c) Consignment note
Each delivery shall be accompanied by a consignment note in duplicate, duly signed
and dated by the Contractor or its carrier, giving the Contract number and
particulars of the goods delivered. One copy of the consignment note shall be
countersigned by the Union and returned to the Contractor or to its carrier.
II.1.2 Certificate of conformity
Signing of the consignment note by the Union, as provided for in subparagraph c) above, is
simply an acknowledgement of the fact that the delivery took place and in no way implies
conformity of the goods with the Contract.
Conformity of the goods delivered shall be evidenced by the signing of a certificate to this
effect by the Union no later than one month after the date of delivery, unless provision is
made for a different period109 in the Special Conditions or in Annex I.
Conformity shall be declared only where the conditions laid down in the Contract are
satisfied and the goods conform to Annex I.
Where, for reasons attributable to the Contractor, the Union is unable to accept the goods,
the Contractor shall be notified in writing at the latest by the deadline for conformity.
II.1.3 Conformity of the goods delivered with the Contract

a) The goods delivered by the Contractor to the Union must be in conformity in
quantity, quality, price and packaging with the Contract.
109
Where the goods or equipment supplied are particularly complex, it is preferable for acceptance not to be declared until after a
continuous period of satisfactory performance so that reliability and any performance guarantees can be checked.
111
b) The goods delivered must:
- correspond to the description given in Annex I and possess the characteristics
of the goods supplied by the Contractor to the Union as a sample or model;
- be fit for any specific purpose required of them by the Union and made known
to the Contractor at the time of conclusion of the Contract and accepted by the
Contractor;
- be fit for the purposes for which goods of the same type are normally used;
- demonstrate the quality and performance which are normal in goods of the
same type and which the Union can reasonably expect, given the nature of the
goods and taking into account any public statements on the specific
characteristics of the goods made by the Contractor, the producer or its
representative, particularly in advertising or on labelling;
- be packaged according to the usual method for goods of the same type or,
failing this, in a way designed to preserve and protect them.
II.1.4 Remedy
a) The Contractor shall be liable to the Union for any lack of conformity which exists
at the time the goods are verified.
b) In the event of lack of conformity, without prejudice to Article II.4 regarding

liquidated damages applicable to the total price of the goods concerned, the Union
shall be entitled:
- either to have the goods brought into conformity, free of charge, by repair or
replacement;
- or to have an appropriate reduction made in the price.
c) Any repair or replacement shall be completed within a reasonable time and without
any significant inconvenience to the Union, taking account of the nature of the
goods and the purpose for which they are required by the Union.
d) The term ‘free of charge’ in paragraph (b) refers to the costs incurred to bring the
goods into conformity, particularly the cost of postage, labour and materials.
II.1.5 Assembly
If required by Article I.1.2 of the Special Conditions, the Contractor shall assemble the
goods delivered within a period of one month unless otherwise specified in the Special
Conditions or in Annex 1.
Any lack of conformity resulting from incorrect installation of the goods delivered shall be
deemed to be equivalent to lack of conformity of the goods if installation forms part of the
Contract and the goods were installed by the Contractor or under its responsibility. This
shall apply equally if the product was to be installed by the Union and was incorrectly
installed owing to a shortcoming in the installation instructions.
II.1.6 Services relating to goods
If required by Article I.2 or Annex I, services relating to the goods shall be provided
accordingly.
112
II.1.7 General provisions concerning goods
a) Packaging
The goods shall be packaged in strong boxes or crates or in any other way that
ensures that the contents remain intact and prevents damage or deterioration.
Packaging, pallets, etc., including contents, shall not weigh more than 500 kg.
Unless otherwise specified in the Special Conditions or in Annex 1, pallets shall be
considered as one-way packaging and shall not be returned. Each box shall be clearly
labelled with the following information:
 European Union and address for delivery;
 name of Contractor;
 description of contents;
 date of delivery;
 EU code number of article.
b) Guarantee
The goods shall be guaranteed against all defects in manufacture or materials for two
years from the date of delivery, unless provision is made for a longer period in
Annex I.
The Contractor shall guarantee that any permits and licences required for
manufacturing and selling the goods have been obtained.
The Contractor shall replace at its own expense, within a reasonable time limit to be
determined by agreement between the parties, any items which become damaged or
defective in the course of normal use during the guarantee period.
The Contractor is responsible for any conformity defect which exists at the time of
delivery, even if this defect does not appear until a later date.
The Contractor is also responsible for any conformity defect which occurs after
delivery and is ascribable to non-compliance with its obligations, including failure to
provide a guarantee that, for a certain period, goods used for the purposes for which
they are normally used or for a specific purpose will preserve their qualities or
characteristics as specified.
If part of an item is replaced, the replacement part shall be guaranteed under the same
terms and conditions for a further period of the same duration as that specified above.
If a defect is found to originate in a systematic flaw in design, the Contractor must

replace or modify all identical parts incorporated in the other goods that are part of
the Contract, even though they may not have been the cause of any incident. In this
case, the guarantee period shall be extended as stated above.
II.1.8 General provisions on performance of the Contract
113
a) The Contractor shall perform the Contract according to the highest professional standards.
b) The Contractor shall have sole responsibility for taking the necessary steps to obtain any
permit or licence required for performance of the Contract under the laws and regulations in
force at the place where the Contract is to be executed.
c) The Contractor must ensure that any staff performing the Contract has the professional
qualifications and experience required for execution of the Contract.
d) In the event of disruption resulting from the action of a member of the Contractor's staff
staff failing to correspond to the profile required by the Contract, the Contractor shall replace
that staff member without delay. The Union shall have the right to request the replacement of
any such member of staff, stating its reasons for so doing. Replacement staff must have the
necessary qualifications and be capable of performing the Contract under the same
contractual conditions. The Contractor shall be responsible for any delay in the execution of
the Contract resulting from the replacement of staff.
e) Should any unforeseen event, action or omission directly or indirectly hamper execution of
the Contract, either partially or totally, the Contractor shall immediately and on its own
problem and an indication of the date on which it started and of the remedial action taken by
the Contractor to ensure full compliance with its obligations under the Contract. In such an
event, the Contractor shall give priority to solving the problem rather than determining
liability.
f) Should the Contractor fail to perform its obligations under the Contract, the Union may -
without prejudice to its right to terminate the Contract - reduce or recover payments in
proportion to the scale of the failure. In addition, the Union may impose liquidated damages,
as provided for in Article II.4.
Union.
brought against the Union by a third party as a result of damage caused by the Contractor in
performance of the Contract.
114
performance of the Contract, the Contractor shall assist the Union. Expenditure incurred to
this end may be borne by the Union.
interests could arise in particular as a result of economic interest, political or national
conflict of interests which could arise during performance of the Contract must be notified
- that it has not made and will not make any offer of any type whatsoever from which an
unjustified advantage can be derived under the Contract,
- that it has not granted and will not grant, has not sought and will not seek, has not
constitutes an illegal practice or involves corruption, either directly or indirectly,
inasmuch as it is an incentive or reward relating to the performance of the Contract.
impose liquidated damages of 0.2%110 of the amount of the Contract per calendar day of delay.
The Contractor may submit arguments against this decision within thirty days of notification by
registered letter with acknowledgement of receipt or equivalent. In the absence of reaction on its
110
115
part or of written withdrawal by the Union within thirty days of the receipt of such arguments, the
decision imposing the liquidated damages shall become enforceable. These liquidated damages
obligations.
ARTICLE II.5 – INVOICING AND PAYMENTS
a) Prefinancing:
by it to the Contractor which have not yet been covered by equivalent delivery of goods or
execution of related services on its part.
equivalent delivery of goods or execution of related services. The guarantee shall be retained
until the prefinancing has been deducted from payment of the balance. It shall be released the
following month or, at the latest, three months after the issuance of a recovery order. The cost
of providing such guarantee shall be borne by the Contractor.
b) Interim payments
At the end of each of the periods indicated in Annex I the Contractor shall submit to the Union
a formal request for payment accompanied by those of the following documents which are
provided for in the Special Conditions:
116
c) Payment of the balance
Within sixty days of receipt of the certificate of conformity of the goods signed by the Union,
the Contractor shall submit the relevant invoice, drawn up in duplicate and bearing the Contract
number, to the Union for approval.
Where required, it shall be accompanied by a final technical report in accordance with the
instructions laid down in Annex I.
 to approve it, with or without comments or reservations, or suspend such period and
request additional information; or
d) Payment currency and costs:
Payments are executed in the currency of the Contract.
Costs of the transfer are borne in the following way:

 costs of dispatch charged by the bank of the Union are borne by the Union,
 cost of receipt charged by the bank of the Contractor are borne by the Contractor,
 all costs of repeated transfer caused by one of the parties are borne by the party who caused
repetition of the transfer.
debited.
117
calculated interest exceeds EUR 200. If interest does not exceed EUR 200, the Contractor
may claim interest within two months of receiving the payment. Interest shall be calculated
at the rate applied by the European Central Bank to its most recent main refinancing
operations (‘the reference rate’) plus seven percentage points (‘the margin’). The reference
rate in force on the first day of the month in which the payment is due shall apply. Such
interest rate is published in the C series of the Official Journal of the European Union.
Interest shall be payable for the period elapsing from the calendar day following expiry of
the time limit for payment up to the day of payment. Suspension of payment by the Union
may not be deemed to constitute late payment.
ARTICLE II.7 –RECOVERY
II.7.1 If total payments made exceed the amount actually due under the Contract or if recovery is
repaid in full.
Union may, after informing the Contractor, recover amounts established as certain, of a
due. The Union may also claim against the guarantee.
ARTICLE II.8 –TAXATION
II.8.1 The Contractor shall have sole responsibility for compliance with the tax laws which apply
to it. Failure to comply shall make the relevant invoices invalid.
118
VAT.
ARTICLE II.9– FORCE MAJEURE AFFECTING THE CONTRACT
II.9.1 Force majeure shall mean any unforeseeable and exceptional situation or event beyond the
control of the contracting parties which prevents either of them from performing any of
their obligations under the Contract, was not due to error or negligence on their part or on
the part of a subcontractor, and could not have been avoided by the exercise of due
disputes, strikes or financial problems cannot be invoked as force majeure unless they stem
directly from an established case of force majeure.
II.9.2 Without prejudice to the provisions of Article II.1.8(e), if either contracting party is faced
II.9.3 Neither contracting party shall be held in breach of its contractual obligations if it has been
prevented from performing them by force majeure. Where the Contractor is unable to
perform its contractual obligations owing to force majeure, it shall have the right to
remuneration for the goods actually delivered and any service provided.
II.9.4 The contracting parties shall take the necessary measures to reduce damage to a minimum.
II.10.2 Even where the Union authorises the Contractor to subcontract to third parties, it shall
none the less remain bound by its obligations to the Union under the Contract and shall
bear exclusive liability for proper performance of the Contract.
119
II.11.2 In the absence of the authorisation referred to in 1 above, or in the event of failure to
ARTICLE II.12 – TERMINATION BY THE UNION
this information;

i) where delivery of the goods and execution of related tasks has not actually commenced
within fifteen days111 of the date foreseen, and the new date proposed, if any, is considered
unacceptable by the Union;
111
120
of its contractual obligations.
II.12.2 In the event of force majeure, notified in accordance with Article II.9, either contracting
party may terminate the Contract, where performance thereof cannot be ensured.
II.12.4 Consequences of termination:

take all appropriate measures to minimise costs, prevent damage, and cancel or reduce its
goods delivered and tasks executed up to the date on which termination takes effect,
within a period not exceeding sixty days from that date.
On termination the Union may engage any other supplier to replace the Contractor. The
Union shall be entitled to claim from the Contractor all extra costs incurred in making
good and completing the execution of the Contract, without prejudice to any other rights
or guarantees it has under the Contract.

from signature of the Contract up to five years after payment of the balance.
121
obligations from signature of the Contract up to five years after payment of the balance.
to five years after payment of the balance.
contracting parties. An oral agreement shall not be binding on the contracting parties.
execution of the Contract.
directly or indirectly, to execution of the tasks and that they will not divulge to third
parties or use for their own benefit or that of any third party any document or information
not available publicly, even after execution of the Contract.
any reason suspend performance of the Contract or any part thereof. Suspension shall take effect
on the day the Contractor receives notification by registered letter with acknowledgement of
receipt or equivalent, or at a later date where the notification so provides. The Union may at any
time following suspension give notice to the Contractor to resume performance of the Contract.
The Contractor shall not be entitled to claim compensation on account of suspension of the
Contract or of part thereof.
SIGNATURES

signature[s]: _______________________ signature[s]:_____________________
122
Done at [Brussels], [date] Done at [Brussels], [date]
123
17. Direct works contract (currently being prepared)
124
18. Framework service contract
125
FRAMEWORK SERVICE CONTRACT
CONTRACT No - [complete]112
represented]
of the one part,
and

(hereinafter referred to as ‘the Contractor’116), [represented for the purposes of the signature of
this contract by [name in full and function,]]
of the other part,

The footnotes/options are internal instructions for authorising officers only and must be deleted/completed before contracts are
sent out. The General Conditions contain references to articles in the Special Conditions, the re-numbering of which should be
avoided.
112
Options [in italics] to be deleted where not applicable. Options [in roman] to be completed.
113
The EEAS/[Delegation official must be an authorising officer (by delegation or subdelegation) designated in accordance with
114
115
116
jointly and severally liable vis-à-vis the EEAS/Delegation for the performance of this contract’.
126
HAVE AGREED
Annex I – Tender Specification (Invitation to Tender No [complete] of [complete])
Annex II – Contractor's Tender (No [complete] of [complete])
Annex III – (a) [Order Form] [and]

(b) [Specific Contract]118
[Other Annexes]119
The terms set out in the Special Conditions shall take precedence over those in the other parts of
the Contract. The terms set out in the General Conditions shall take precedence over those in the
Annexes. The terms set out in the Tender Specification (Annex I) shall take precedence over those
in the [orders] [and] [specific contracts] (Annex III), the latter taking precedence over the Tender
(Annex II).
Subject to the above, the several instruments forming part of the Contract are to be taken as
117
118
As a general rule, framework contracts should be implemented by orders, as the services have to be identified and standardised
in advance in the invitation to tender. When it is not possible to define all the means to be employed in order to obtain the
results, implementation of the contract will be by specific contract. It is also possible to implement a framework contract using
both instruments if some services are well defined and others are not.
119
legislation.
127
ARTICLE I.1 – SUBJECT

I.1.2 Signature of the Contract imposes no obligation on the [EEAS] [Delegation] to purchase.
Only implementation of the Contract through [orders] [and] [specific contracts] is binding
on the [EEAS] [Delegation].
I.1.3 Once implementation of the Contract has been requested or has commenced, the Contractor
shall reply and execute the tasks120 in accordance with all terms and conditions of the
Contract.
I.1.4 The Contract [does not] confer[s] on the Contractor an[y] exclusive right to provide the
services described in Annex I to the [EEAS] [Delegation]. [The Contractor is selected as
the [complete] contractor for a multiple framework contract.]121
ARTICLE I.2 - DURATION122
party]123 [on complete if it has already been signed by both contracting parties]124.
I.2.2 Under no circumstances may implementation commence before the date on which the
Contract enters into force. Execution of the tasks may under no circumstances begin before
the date on which the order or specific contract enters into force.
I.2.3 The Contract is concluded for a period of [days/months] with effect from the date on which
it enters into force. This contractual period and all other periods specified in the Contract
are calculated in calendar days unless otherwise indicated.
I.2.4 The orders or specific contracts shall be returned signed before the Contract to which they
refer expires.
The Contract shall continue to apply to such [orders] [and] [specific contracts] after its
expiry, but no later than [complete]125.
[I.2.5 The Contract may be renewed up to [complete]126 times, each time for a period of
[days/months]127, only before expiry of the Contract and with the express written
120
Depending on the nature of the tasks, ‘execution of the tasks’ could possibly be replaced by ‘provision of the services’
throughout the Contract.
121
Only to be added in the case of multiple ‘cascade’ framework contracts. Refer to the instructions for framework contracts and
multiple framework contracts in point 3.2 of the Vademecum on public procurement procedures in the Commission (2008).
122
In sectors where prices and technology change rapidly, the Contract shall provide for either a mid-term review (see Article I.2.6
of the standard framework supply contract) or a benchmarking system (see Option 2 in Article I.3.3 of the standard framework
supply contract), except for ‘competitive’ multiple framework contracts. If the option in Article I.2.6 of the standard framework
supply contract is chosen, a mid-term review has to be carried out and if the initial conditions are no longer geared to changes in
prices or technology, the [EEAS] [Delegation] may repudiate the Contract and shall take appropriate measures to terminate it.
123
Contract enters into force (date of signature by the [EEAS] [Delegation]).
124
In this case, the Contractor should be duly informed that the [EEAS] [Delegation] has signed.
125
The volume of services ordered and the period allowed for execution should be reasonably limited.
128
agreement of the parties. Renewal does not imply any modification or deferment of existing
obligations.]
[The Contract shall be renewed automatically up to [complete]128 times under the same
conditions, unless written notification to the contrary is sent by one of the contracting
parties and received by the other [[before expiry of the period indicated in Article I.2.3]
[before complete date]129]. Renewal does not imply any modification or deferment of
existing obligations.]
ARTICLE I.3 - PRICES
I.3.1 The [indicative130] prices of the services shall be [:] [as listed in Annex II].
I.3.2 Prices shall be expressed in EUR.
131
[I.3.3 Prices shall be fixed and not subject to revision for implementation during the first year of
duration of the Contract.
At the beginning of the second and every following year of the Contract, the price may be
revised upwards or downwards, if such revision is requested by one of the contracting
parties by registered letter no later than three months before the anniversary of the date on
which it was signed. The [EEAS] [Delegation] shall purchase on the basis of the prices in
force on the date on which orders or specific contracts are signed. Such prices shall not be
subject to revision.
This revision shall be determined by the trend in the harmonised consumer price index
[complete]132 published for the first time by [the Publications Office of the European
Union in the Eurostat monthly 'Data in Focus' publication at
http://www.ec.europa.eu/eurostat/].
Ir
Pr = Po _
Io
where:
Pr = revised price;
126
Specify number of times (once, twice…) limited to the renewal provisions in the tender. The total duration of the Contract ma y
not exceed four years, save in exceptional cases justified in particular by the subject of the Contract under the rules for the
implementation of the Financial Regulation (Regulation No 2342/2002).
127
Specify length of the period of renewal (number of months, years…). The total duration of the Contract must not exceed four
years, save in exceptional cases justified in particular by the subject of the Contract under the rules for the implementation of
the Financial Regulation (Regulation No 2342/2002).
128
Specify number of times (once, twice…) limited to the renewal provisions in the tender. The total duration of the Contract may
not exceed four years, save in exceptional cases justified in particular by the subject of the Contract under the rules for the
129
This should be indicated generically in order to be applicable for more than one year (for example: ‘three months before the
expiry of the Contract’).
130
Clause to be added in the case of ‘competitive’ multiple framework contracts.
131
The invitation to tender must state clearly whether the price is subject to revision or not.
132
• ‘EICP’: (euro zone 17) for contracts denominated in euros (as a general rule);
• ‘EICP’: (European Union) for contracts performed in the European Union (outside the euro zone);
• consumer price index of the State in whose currency the contract price is expressed:
a) index of the State where the contractor is mainly based; or
b) index of the State where the service will be mainly carried out.
129
Io = index for the month [in which the validity of the tender expires] [corresponding to
the final date for submission of tenders];
revision of prices] [in which the revised prices take effect]133].
[I.3.4 In addition to the total amount specified in each order or specific contract, travel,
subsistence and shipment expenses shall be reimbursed in accordance with Article II.7, as
shall other expenses provided for by the Tender Specification up to a maximum amount of
EUR [amount in figures and in words] throughout implementation of the Contract and up
to a maximum amount of EUR [amount in figures and in words] for each order or specific
contract/each travel/other sufficient measure134]. The daily subsistence allowance referred
to in Article II.7.4(d) shall be [EUR complete] [determined in accordance with Annex
complete]135.]
ARTICLE I.4 – IMPLEMENTATION OF THE CONTRACT136
[I.4.1 Within [complete] working days of an order form being sent by the [EEAS] [Delegation] to
the Contractor, it shall be returned to the [EEAS] [Delegation], duly signed and dated.
[Should the Contractor be unavailable, it shall give reasons for refusal within the same
period and the [EEAS] [Delegation] shall be entitled to place the order with the next
contractor on the list. In the event of failure to observe this deadline, the Contractor shall
be considered unavailable]137. The period allowed for the execution of the tasks shall start
to run on the date the Contractor signs the order form, unless a different date is indicated on
the form.]
[I.4.2 Within [complete] working days of a request for services being sent by the [EEAS]
[Delegation] to the Contractor, the [EEAS] [Delegation] shall receive an estimate of the
resources to be allocated for its execution, with particulars in support. [Should the
Contractor be unavailable, it shall give reasons for refusal within the same period and the
[EEAS] [Delegation] shall be entitled to send a request to the next contractor on the list. In
the event of failure to observe this deadline or disagreement on the allocation of resources,
the Contractor shall be considered unavailable]138.
Within [complete] working days of a specific contract being sent by the [EEAS]
[Delegation] to the Contractor, it shall be returned to the [EEAS] [Delegation], duly signed
and dated. [In the event of failure to observe this deadline, the Contractor shall be
considered unavailable]139.]
133
134
As a rule, if reimbursement costs have to be used, they should be defined in the framework contract, not in the order form or
specific contract.
135
The daily subsistence allowance to be indicated may be calculated by addition of the daily allowances' rate and the reimbursable
accommodation expenses produced by DG HR
(http://myintracomm.ec.europa.eu/hr_admin/en/missions/Documents/guide_new_en.pdf), in particular if more than one country
is concerned.
136
Paragraph 1 governs implementation of the Contract through orders. Paragraph 2 governs implementation of the Contract
through specific contracts in the context of a ‘cascade’ multiple framework contract. Paragraph 3 provides for implementation
of the contract through specific contracts in the context of a ‘competitive’ multiple framework contract.
137
Option to be added for ‘cascade’ multiple framework contracts.
138
139
130
[I.4.3140 Within [complete] working days of any specific invitation to tender being sent by
the [EEAS] [Delegation] to the Contractor, the [EEAS] [Delegation] shall receive a
completed specific tender back, duly signed and dated. In the event of failure to observe
these conditions the Contractor shall be considered to waive the participation in the specific
competition. The [EEAS] [Delegation] may sign a specific contract with the Contractor
who has submitted the best specific tender on the basis of the award criteria set out in
Annex I. The specific contract may restate the terms of the present framework contract or
modify them slightly, particularly with regard to prices.]
ARTICLE I.5 – PAYMENT PERIODS141
invoice is submitted. [Payment requests may not be made if payments for previous orders or
specific contracts have not been executed as a result of default or negligence on the part of the
Contractor.]142
[I.5.1 Prefinancing
Within [complete]143 days of [the latest of the following dates:]
- the date on which the Contractor returns the order form or specific contract and the
relevant invoice, indicating the reference number of the Contract and of the order or
specific contract to which it refers,
- [the receipt by the [EEAS] [Delegation] of a duly constituted financial guarantee equal to
at least [complete]% of the total value of the order or specific contract]144,
a prefinancing payment of [complete]% of the total value of the order or specific contract shall
be made.]
[I.5 complete] Interim payment
Requests for interim payment by the Contractor in accordance with the instructions laid down
in Annex I shall be admissible if accompanied by145:
 [an interim technical report146]
140
Clause to be added in the case of ‘competitive’ multiple framework contracts. In order to be complete the content of the specific
offer should refer to all issues so far only indicatively covered by the present contract.
141
The insertion of pre-financing and interim payment clauses is optional but there must always be provision for payment of the
balance.
142
Restrictive clause to be added when judged necessary to establish a link between the various stages of execution.
143
144
pre-financing must be backed by a financial guarantee of the same amount. However, where the contractor is a public body, the
authorising officer responsible may, depending on his risk assessment, waive that obligation.
145
131
 the relevant invoices, indicating the reference number of the Contract and of the order or
specific contract to which they refer.
Option 1
Within [complete]148 days of [the date of receipt of the relevant invoice(s)]149 [the date on
which the report is approved by the [EEAS] [Delegation], an interim payment corresponding to
[the relevant invoices] [complete% of the total amount referred in the relevant order or specific
contract] shall be made.]
Option 2
report and to make an interim payment corresponding to [the relevant invoices] [EUR
complete amount in figures and in words] [complete% of the total amount referred to in Article
I.3.1].]. The Contractor shall have [complete] days in which to submit additional information
or a new report.]
[I.5 complete] Payment of the balance
by151
 the relevant invoices, indicating the reference number of the Contract and of the order or
specific contract to which they refer
Option 1
146
Should the subject of the Contract be a study, the deliverable has to be clearly identified and should not be termed a ‘report’.
Otherwise there could be confusion with this technical report, the purpose of which is to describe the performance of the
Contract.
147
other contracts.
148
149
The invoice will be deemed to have been received by the [EEAS] [Delegation] on the date on which it is registered by the
150
151
132
Within [complete]153 days of [the date of receipt of the relevant invoice(s)]154 [the date on
which the report is approved by the [EEAS] [Delegation], payment of the balance
corresponding to [the relevant invoices] [complete% of the total amount referred in the
relevant order or specific contract] shall be made.
Option 2
in figures and in words] [complete% of the total amount referred to in Article I.3.1].] The
report.]
***
[For Contractors established in Belgium, the orders shall include the following provision: ‘En
Belgique, l’utilisation de ce bon de commande vaut présentation d’une demande d’exemption
de la TVA n° 450’ or an equivalent statement in the Dutch or German language. The
Contractor shall include the following statement in its invoice(s): ‘Exonération de la TVA,
article 42, paragraphe 3.3 du code de la TVA’ or an equivalent statement in the Dutch or
German language.]
[1.5 complete] [Performance guarantee
Option 1: Performance guarantee for each order or specific contract issued - discharge after
payment of the balance
[A performance guarantee shall be constituted by deduction[s] of 10% of the total value of the
service purchased. It shall be withheld for up to [complete]156 months from the date of payment
of the balance of the order or specific contract. It shall cover its performance in accordance
with the terms set out in Annex I.]
Option 2: Performance guarantee for each order or specific contract issued - release on
payment of the balance
[A guarantee for an amount of EUR [complete amount in figures and in words] shall be issued
152
other contracts.
153
154
The invoice will be deemed to have been received by the Commission on the date on which it is registered by the department
responsible indicated in Article I.6.
155
156
The period for discharge of the performance guarantee is determined by the need to check the execution of complex tasks (due
to the particular nature of the service). It may vary from the shortest possible period after payment (where the satisfactory
performance of the contract is self-evident) to many months.
133
[Delegation]. It shall be released on payment of the balance of the order or specific contract. It
shall cover its performance in accordance with the terms set out in Annex I.]
Option 3: Performance guarantee for the whole contractual period - release on payment of the
balance of the last order or specific contract
[Delegation]. It shall be released on payment of the balance of the last order or specific
contract. It shall cover performance of the Contract in accordance with the terms set out in
Annex I.]
Option 4: Performance guarantee for the whole contractual period - release after payment of
the balance of the last order or specific contract
[Delegation]. It shall be released one month after payment of the balance of the last order or
specific contract or three months after the issuance of a corresponding recovery order 157. It
shall cover performance of the Contract in accordance with the terms set out in Annex I.
follows:

Any communication relating to the Contract or to its implementation shall be made in writing and
shall bear the Contract and order or specific contract numbers. Ordinary mail shall be deemed to
have been received by the [EEAS] [Delegation] on the date on which it is registered by the
department responsible indicated below. Communications shall be sent to the following
addresses161:
157
158
Or local currency where the receiving country does not allow transactions in euros.
159
160
161
mails should be redirected with an indication of the reference date recorded for the electronic communication (date of sending,
134
[Postcode and city]
Contractor:
[Function]
[Company name]
mediation.]163
162
Except where duly substantiated (see following footnote).
163
Optional clause.
164
Except where duly substantiated. Such exceptions include, for example, a service contract concluded by a Representation of the
Union in a Member State.
135
Any personal data included in or relating to the Contract, including its execution shall 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. The data shall be processed solely for the purposes of the performance, management and
monitoring of the Contract by [entity acting as data controller] without prejudice to possible
transmission to the bodies charged with a monitoring or inspection task in application of Union
law. The Contractor shall have the right of access to its personal data and the right to rectify any
such data. Should the Contractor have any queries concerning the processing of its personal data, it
shall address them to [entity acting as data controller]. The Contractor shall have right of recourse
at any time to the European Data Protection Supervisor.
transmission facilities;
terminate the Contract by serving [complete]165 formal prior notice. Should the [EEAS]
165
You are advised to enter 14 days or one month but, depending on your assessment of the situation, you may decide to settle for
a longer period.
136
corresponding to the services ordered [and executed]166 before the termination date. On receipt of
the letter terminating the Contract, the Contractor shall take all appropriate measures to minimise
costs, prevent damage, and cancel or reduce its commitments. It shall draw up the documents
required by the Special Conditions for the services rendered up to the date on which termination
takes effect, within a period not exceeding sixty days from that date.
decisions and decisions to reject]167, this Contract shall be null and void.]168
166
Option to be inserted only in contracts for the purchase of standard services. Where the services are to be executed specially for
the Commission, the insertion of such an option could be considered unfair.
167
European Union].
168
This Article shall be included for contracts covered by Directive 2004/18/EC except for the cases indicated in Article 158a(2) of
the rules for the implementation of the Financial Regulation (Regulation No 2342/2002).
169
To be completed by the department responsible, where appropriate. Unit D2, responsible for contracts in DG BUDGET, may be
consulted in advance for any change to the model standard contract, if such consultation is judged necessary.
137
II.1.1 The Contractor shall perform the Contract according to the highest professional standards.
II.1.2 The Contractor shall have sole responsibility for taking the necessary steps to obtain any
permit or licence required for performance of the Contract under the laws and regulations
in force at the place where the tasks assigned to it are to be executed.
II.1.3 Without prejudice to Article II.3 any reference made to the Contractor’s staff in the
Contract shall relate exclusively to individuals involved in the performance of the Contract.
II.1.4 The Contractor must ensure that any staff performing the Contract have the professional
qualifications and experience required for the execution of the tasks assigned to it.
II.1.5 The Contractor shall neither represent the Union nor behave in any way that would give
such an impression. The Contractor shall inform third parties that it does not belong to the
European public service.
II.1.6 The Contractor shall have sole responsibility for the staff who execute the tasks assigned to
it.
The Contractor shall make provision for the following employment or service relationships
with its staff:
 staff executing the tasks assigned to the Contractor may not be given orders direct
by the Union;
 the Union may not under any circumstances be considered to be the staff's employer
and the said staff shall undertake not to invoke in respect of the Union any right
arising from the contractual relationship between the Union and the Contractor.
II.1.7 In the event of disruption resulting from the action of a member of the Contractor's staff
staff failing to correspond to the profile required by the Contract, the Contractor shall
replace that staff member without delay. The Union shall have the right to request the
replacement of any such member of staff, stating its reasons for so doing. Replacement
staff must have the necessary qualifications and be capable of performing the Contract
under the same contractual conditions. The Contractor shall be responsible for any delay in
the execution of the tasks assigned to it resulting from the replacement of staff in
accordance with this Article.
138
II.1.8 Should any unforeseen event, action or omission directly or indirectly hamper execution of
the tasks, either partially or totally, the Contractor shall immediately and on its own
problem and an indication of the date on which it started and of the remedial action taken
by the Contractor to ensure full compliance with its obligations under the Contract. In such
an event, the Contractor shall give priority to solving the problem rather than determining
liability.
II.1.9 Should the Contractor fail to perform its obligations under the Contract in accordance with
the provisions laid down therein, the Union may - without prejudice to its right to terminate
the Contract - reduce or recover payments in proportion to the scale of the failure. In
addition, the Union may impose penalties or liquidated damages provided for in
Article II.16.
ARTICLE II.2 – LIABILITY
Union.
performance of the Contract, the Contractor shall assist the Union. Expenditure incurred by
the Contractor to this end may be borne by the Union.
ARTICLE II.3 - CONFLICT OF INTERESTS
139
could give rise to conflicts of interest. Without prejudice to Article II.1 the Contractor shall
 that it has not made and will not make any offer of any type whatsoever from which
an unjustified advantage can be derived under the Contract,
 that it has not granted and will not grant, has not sought and will not seek, has not
attempted and will not attempt to obtain, and has not accepted and will not accept,
any advantage, financial or in kind, to or from any party whatsoever, where such
advantage constitutes an illegal practice or involves corruption, either directly or
indirectly, inasmuch as it is an incentive or reward relating to performance of the
Contract.
II.3.4 The Contractor shall pass on all the relevant obligations in writing to its staff, board, and
directors as well as to third parties involved in performance of the Contract. A copy of the
instructions given and the undertakings made in this respect shall be sent to the Union
should it so request.
ARTICLE II. 4 – INVOICING AND PAYMENTS
II.4.1 Prefinancing:
by it to the Contractor which have not yet been covered by equivalent work by the Contractor.
equivalent work. The guarantee shall be retained until the prefinancing has been deducted from
interim payments or payment of the balance to the Contractor. It shall be released the following
month or, at the latest, three months after the issuance of a recovery order. The cost of
providing such guarantee shall be borne by the Contractor.
II.4.2 Interim payments
140
At the end of each of the periods indicated in Annex I, the Contractor shall submit to the Union
a formal request for payment accompanied by those of the following documents which are
provided for in the Special Conditions:
 the relevant invoices, indicating the reference number of the Contract and of the order or
II.4.3 Payment of the balance
Within sixty days of completion of the tasks referred to in each order or specific contract, the
Contractor shall submit to the Union a formal request for payment accompanied by those of the
following documents, which are provided for in the Special Conditions:
 a final technical report in accordance with the instructions laid down in Annex I;
 the relevant invoices, indicating the reference number of the Contract and of the order or
141
debited.
ARTICLE II.6 – RECOVERY
II.6.1 If total payments made exceed the amount actually due or if recovery is justified in
accordance with the terms of the Contract, the Contractor shall reimburse the appropriate
amount in euro on receipt of the debit note, in the manner and within the time limits set by
the Union.
repaid in full.
due. The Union may also claim against the guarantee, where provided for.
ARTICLE II.7 – REIMBURSEMENTS
142
II.7.1 Where provided by the Special Conditions or by Annex I, the Union shall reimburse the
expenses that are directly connected with execution of the tasks on production of original
supporting documents, including receipts and used tickets.
II.7.2 Travel and subsistence expenses shall be reimbursed, where appropriate, on the basis of the
shortest itinerary.
II.7.3 Travel expenses shall be reimbursed as follows:
a) travel by air shall be reimbursed up to the maximum cost of an economy-class ticket at

the time of the reservation;
b) travel by boat or rail shall be reimbursed up to the maximum cost of a first-class ticket;
c) travel by car shall be reimbursed at the rate of one first class rail ticket for the same
journey and on the same day;
d) travel outside Union territory shall be reimbursed under the general conditions stated
above provided the Union has given its prior written agreement.
II.7.4 Subsistence expenses shall be reimbursed on the basis of a daily allowance as follows:
a) for journeys of less than 200 km (return trip), no subsistence allowance shall be payable;
b) the daily subsistence allowance shall be payable only on receipt of a supporting document
proving that the person concerned was present at the place of destination;
c) the daily subsistence allowance shall take the form of a flat-rate payment to cover all
subsistence expenses, including accommodation, meals, local transport, insurance and
sundries;
d) daily subsistence allowance, where applicable, shall be reimbursed at the rate specified in
Article I.3.
II.7.5 The cost of shipment of equipment or unaccompanied luggage shall be reimbursed

provided the Union has given prior written authorisation.
ARTICLE II.8 – OWNERSHIP OF THE RESULTS - INTELLECTUAL AND

INDUSTRIAL PROPERTY
Any results or rights thereon, including copyright and other intellectual or industrial property
rights, obtained in performance of the Contract, shall be owned solely by the Union, which may
use, publish, assign or transfer them as it sees fit, without geographical or other limitation, except
where industrial or intellectual property rights exist prior to the Contract being entered into.
143
completion of the tasks.
directly or indirectly, to execution of the tasks and that they will not divulge to third parties
or use for their own benefit or that of any third party any document or information not
available publicly, even after completion of the tasks.
ARTICLE II.10 – USE, DISTRIBUTION AND PUBLICATION OF INFORMATION
II.10.1 The Contractor shall authorise the Union to process, use, distribute and publish, for
whatever purpose, by whatever means and on whatever medium, any data contained in or
relating to the Contract, in particular the identity of the Contractor, the subject matter, the
duration, the amount paid and the reports. Where personal data is concerned, Article I.9
shall apply.
II.10.2 Unless otherwise provided by the Special Conditions, the Union shall not be required to
distribute or publish documents or information supplied in performance of the Contract. If
it decides not to publish the documents or information supplied, the Contractor may not
have them distributed or published elsewhere without prior written authorisation from the
Union.
II.10.3 Any distribution or publication of information relating to the Contract by the Contractor
shall require prior written authorisation from the Union and shall mention the amount paid
by the Union. It shall state that the opinions expressed are those of the Contractor only
and do not represent the Union's official position.
II.10.4 The use of information obtained by the Contractor in the course of the Contract for
purposes other than its performance shall be forbidden, unless the Union has specifically
given prior written authorisation to the contrary.
ARTICLE II.11 - TAXATION
II.11.1 The Contractor shall have sole responsibility for compliance with the tax laws which
apply to it. Failure to comply shall make the relevant invoices invalid.
144
VAT.
ARTICLE II.12 – FORCE MAJEURE
II.12.1 Force majeure shall mean any unforeseeable and exceptional situation or event beyond
the control of the contracting parties which prevents either of them from performing any
of their obligations under the Contract, was not due to error or negligence on their part or
on the part of a subcontractor, and could not have been avoided by the exercise of due
disputes, strikes or financial problems cannot be invoked as force majeure unless they
stem directly from an established case of force majeure.
II.12.2 Without prejudice to the provisions of Article II.1.8, if either contracting party is faced
II.12.3 Neither contracting party shall be held in breach of its contractual obligations if it has
been prevented from performing them by force majeure. Where the Contractor cannot
fulfil its contractual obligations owing to force majeure, it shall only have the right to
remuneration for tasks actually executed.
II.12.4 The contracting parties shall take the necessary measures to reduce damage to a
minimum.
ARTICLE II.14 - ASSIGNMENT
145
II.15.1 The Union may terminate the Contract, a pending order or a specific contract in the
following circumstances:
this information;

i) where execution of the tasks under a pending order or a specific contract has not actually
commenced within fifteen days 170 of the date foreseen, and the new date proposed, if any,
is considered unacceptable by the Union;
170
146
of its contractual obligations;
l) when due to the termination of the Contract with one or more of the contractors there is no
minimum required competition within the multiple framework contract with reopening of
competition.
II.15.2 In cases of force majeure, notified in accordance with Article II.12, either contracting
party may terminate the Contract, where performance thereof cannot be ensured for a
period corresponding to at least to one fifth of the period laid down in Article I.2.3.
In the event of the Union terminating the Contract or a pending order or specific contract
in accordance with this Article and without prejudice to any other measures provided for
in the Contract, the Contractor shall waive any claim for consequential damages,
including any loss of anticipated profits for uncompleted work. On receipt of the letter
terminating the Contract, the Contractor shall take all appropriate measures to minimise
costs, prevent damage, and cancel or reduce its commitments. It shall draw up the
documents required by the Special Conditions for the tasks executed up to the date on
which termination takes effect, within a period not exceeding sixty days from that date.
On termination the Union may engage any other contractor to execute or complete the
work. The Union shall be entitled to claim from the Contractor all extra costs incurred in
doing so, without prejudice to any other rights or guarantees enforceable under the
Contract.

ARTICLE II.16 – LIQUIDATED DAMAGES
147
impose liquidated damages of 0.2%171 of the amount of the relevant purchase per calendar day of
obligations.
from signature of the Contract up to five years after payment of the balance of the last
implementation.
obligations from signature of the Contract up to five years after payment of the balance of
the last implementation.
to five years after payment of the balance of the last implementation.
contracting parties. An oral agreement shall not be binding on the contracting parties. An order or
a specific contract may not be deemed to constitute an amendment to the Contract.
any reason suspend execution of the Contract, pending orders or specific contracts or any part
thereof. Suspension shall take effect on the day the Contractor receives notification by registered
letter with acknowledgement of receipt or equivalent, or at a later date where the notification so
171
148
provides. The Union may at any time following suspension give notice to the Contractor to resume
the work suspended. The Contractor shall not be entitled to claim compensation on account of
suspension of the Contract, of the orders or specific contracts, or of part thereof.
SIGNATURES
For the Contractor, For [the EEAS] [the Delegation],

signature[s]: _______________________ signature[s]: _____________________
149
ANNEX I
Tender Specification and Monitoring172
The Union must be able to conduct, throughout the duration of the Contract, an accurate appraisal
of whether the Contractor is executing the tasks assigned to it under the Contract.
So that the Union can regularly identify progress in executing the tasks in accordance with the
Tender Specification, appropriate monitoring, assessment, and supervisory procedures shall be set
up. For these purposes, the invitation to tender (Tender Specification) shall include all necessary
details on monitoring and reporting, in particular, where relevant, the following:
(iii)schedule of interim and final reports – conditions for approval of the report, structure and
content (where provision is made for such reports and a specific annex is not necessary);
(iv) schedule of audits to be carried out in accordance with Article II.17 of the Contract.
172
The following suggestions are addressed to the authorising officer and are not meant to be published as such.
150
ANNEX II
ORDER FORM No [complete]

governed by the provisions of Framework Contract No [complete] signed on [complete]
[EEAS] [Delegation] [complete] Mr/Mrs/Ms [complete]

[Division [complete]] [Function]
[Postcode and city] [Company name]
Pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and
Immunities of the European Union, the EEAS is exempt from all taxes and dues,
including value added tax, on payments due in respect of this order form.
[In Belgium, use of this order form constitutes a request for VAT exemption. The
invoice must include the following statement: ‘Commande destinée à l'usage
officiel de l'Union européenne. Exonération de la TVA; article 42, § 3.3 du code
de la TVA’.]
Description of the services Quantity Price
TOTAL PRICE
[Fixed price without reimbursable costs] [Reimbursable costs up to a maximum amount

of EUR … to be added to the price according to the conditions laid down in the
Contract]
[The duration of the tasks shall not Other details:

exceed complete].
[Execution of the tasks shall start from

[the date of Contractor’s signature of
this order form] [complete date].]
151
Acceptance of this order implies that the Contractor waives all other terms of business or of
execution of the services.
For the Union, For the Contractor,

[forename/surname/function] [Company name/forename/surname/function]
signature[s]: _____________________ signature[s]: _______________________

152
ANNEX III
SPECIFIC CONTRACT No [complete]173

implementing Framework Contract No ...
represented]
for the purposes of the signature of this contract by [forename, surname, function, department]174,
of the one part,
and

(hereinafter referred to as ‘the Contractor’177), [represented for the purposes of the signature of
of the other part,
HAVE AGREED
ARTICLE III.1: SUBJECT MATTER
III.1.1 This specific contract implements Framework Contract No [complete] signed by the
[EEAS] [Delegation] and the Contractor on [complete date] [and renewed on complete
date].
III.1.2 The subject of this specific contract is [short description of subject]. [This specific contract
relates to lot [complete] of the Framework Contract.]
173
174
The EEAS/[Delegation official must be an authorising officer (by delegation or subdelegation) designated in accordance with
175
176
177
jointly and severally liable vis-à-vis the EEAS/Delegation for the performance of this Contract’.
153
III.1.3 The Contractor undertakes, on the terms set out in the Framework Contract and in this
specific contract and the annex[es] thereto, which form an integral part thereof, to perform
the following tasks [:] [specified in Annex [complete].]
ARTICLE III.2: DURATION
III.2.1 This specific contract shall enter into force [[on the date on which it is signed by the last
contracting party]178 [on complete if it has already been signed by both contracting
parties]].
III.2.2 The duration of the tasks shall not exceed [days/months]. Execution of the tasks shall start
from [date of entry into force of this specific contract] or [indicate date]. The period of
execution of the tasks may be extended only with the express written agreement of the
parties before such period elapses.
ARTICLE III.3: PRICE
III.3.1 The total amount to be paid by the [EEAS] [Delegation] under this specific contract shall
be EUR [amount in figures and in words] covering all tasks executed.
III.3.2 In addition to the price [no reimbursable costs are foreseen] [costs up the an amount of
EUR … will be reimbursed according to the provisions of the Framework Contract].
[For Contractors established in Belgium, the provisions of this Contract constitute a
request for VAT exemption No 450, provided the Contractor includes the following
statement in its invoice(s): ‘Exonération de la TVA, article 42, paragraphe 3.3 du code de
la TVA’ or an equivalent statement in the Dutch or German language.]
ARTICLE III.4: ANNEX[ES]
Annex A - Resources allocated179

Annex B – Contractor’s specific tender180 (no [complete] of [complete])
SIGNATURES

Done at [Brussels], [date] Done at [Brussels], [date]
178
As a rule the EEAS/Delegation signs last. In this case, the Contractor should be duly informed of the date on which the specific
contract enters into force.
179
Only if it was not possible to refer to the resources allocated in the body of the specific contract.
180
Annex to be completed and inserted in cases of ‘competitive’ multiple framework contracts.
154
19. Framework supply contract
155
FRAMEWORK SUPPLY CONTRACT *
represented]
of the one part,
and

(hereinafter referred to as ‘the Contractor185’), [represented for the purposes of the signature of
of the other part,
*
The footnotes/options are internal instructions for authorising officers only and must be deleted/completed before contracts
are sent out. The General Conditions contain references to articles in the Special Conditions, the re-numbering of which
should be avoided.
181
182
The official must be an authorising officer (by delegation or subdelegation) designated in accordance with Note No 60008 of
22 February 2001 ‘Mise en place de la Charte des ordonnateurs’.
183
184
185
jointly and severally liable vis-à-vis the EEAS/Delegation for the performance of this Contract’.
156
HAVE AGREED
Annex I Tender Specification (Invitation to Tender No [complete] of [complete])

Annex II Contractor's Tender (No [complete] of [complete])
Annex III Order Form
[Other Annexes187]
- The terms set out in the Special Conditions shall take precedence over those in the other parts of
the Contract.
- The terms set out in the General Conditions shall take precedence over those in the Annexes.
- The terms set out in the Contract shall take precedence over those in the orders.
- The terms set out in the Specification (Annex I) shall take precedence over those in the Tender
(Annex II).
Subject to the above, the several instruments forming part of this Contract are to be taken as
186
187
Notably specific tenders submitted by the Contractor in case of ‘competitive’ multiple framework contract or specific
additional rules resulting from the specific requirements of the contract concerned or imposed by the applicable legislation.
157
ARTICLE I.1 - SUBJECT

I.1.2 When an order is issued, the Contractor shall supply [and assemble] the goods [and shall
provide the services related to them] in accordance with the Tender Specification annexed
to the Contract (Annex I) [and its specific tender (Annex IV188 No [complete] of
[complete])].
I.1.3 The Contract [does not] confer[s] on the Contractor an[y] exclusive right to supply the
goods referred to in the above paragraph.
I.1.4 Signature of the Contract imposes no obligation on the [EEAS] [Delegation] to purchase.
I.1.5 All orders pursuant to the Contract shall conform to the terms set out therein.
[I.1.6189 Within [complete] working days of any specific invitation to tender being sent by
the [EEAS] [Delegation] to the Contractor, the [EEAS] [Delegation] shall receive a
completed specific tender back, duly signed and dated. In the event of failure to observe
these conditions the Contractor shall be considered to waive the participation in the specific
competition. The [EEAS] [Delegation] may issue an order to the Contractor who has
submitted the best specific tender on the basis of the award criteria set out in Annex I. The
order may restate the terms of the present framework contract or modify them slightly,
particularly with regard to prices.]
ARTICLE I.2 - DURATION
party]190 [on [complete] if it has already been signed by both contracting parties].
I.2.2 Under no circumstances may implementation commence and orders be placed before the
date on which the Contract enters into force.
I.2.3 The Contract is concluded for a period of [days/months] with effect from the date on which
it enters into force. This contractual period and all other periods specified in the Contract
are calculated in calendar days unless otherwise indicated.
I.2.4 The orders pursuant to the Contract shall be placed by the [EEAS] [Delegation] and the
order forms returned by the Contractor before the Contract expires.
The Contract shall continue to apply to orders executed after the Contract expires. Such
orders shall be executed no later than [complete]191.
188
Clause to be inserted in case of a ‘competitive’ multiple framework contract.
189
Clause to be inserted in case of a ‘competitive’ multiple framework contract. In order to be complete the content of the
specific offer should refer to all issues so far only indicatively covered by the present Contract.
190
191
The quantity of the goods ordered and the period allowed for execution should be reasonably limited.
158
[I.2.5 The Contract may be renewed up to [complete]192 times, each time for a period of
[complete]193, only before expiry of the Contract and with the express written agreement of
the parties. Renewal does not imply any modification or deferment of existing obligations.]
[The Contract shall be renewed automatically up to [complete] times 194 under the same
conditions, unless written notification to the contrary is sent by one of the contracting
parties and received by the other [before expiry of the period indicated in Article I.2.3]
[before complete date]. Renewal does not imply any modification or deferment of existing
obligations.]
[I.2.6 A mid-term review of price and technological evolution shall be carried out before [date or
period]. After the mid-term review, if the conditions initially laid down are no longer
geared to the price or technological evolution, the [EEAS] [Delegation] may not use the
Contract and shall take appropriate measures to terminate the Contract by serving written
notification to the Contractor, without being required to pay compensation. Article II.12.4.
shall apply.]195
ARTICLE I.3 - PRICES
I.3.1 The [indicative196] prices of the goods shall be [:] [as listed in Annex II].
I.3.2 Prices shall be expressed in EUR/national currency.

197
[I.3.3 Option 1
Prices shall be fixed and not subject to revision for orders placed during the first year of
At the beginning of the second and every following year of performance of the Contract, the
price of each item may be revised upwards or downwards, if such revision is requested by
one of the contracting parties by registered letter no later than three months before the
anniversary of the date on which it was signed. Orders shall be placed on the basis of the
prices in force on the date on which they are signed. Such prices shall not be subject to
revision. This revision shall be determined by the trend in the harmonised consumer price
index [complete198] published for the first time by [the Publications Office of the European
192
Specify number of times (once, twice…) limited to the renewal provisions in the tender. The total duration of the contract
may not exceed four years, save in exceptional cases justified in particular by the subject of the contract under the rules for the
193
Specify length of the period of renewal (number of months, years…). The total duration of the contract must not exceed four
years, save in exceptional cases justified in particular by the subject of the contract under the rules for the implementation of
the Financial Regulation (Regulation No 2342/2002).
194
Specify number of times (once, twice…) limited to the renewal provisions in the tender. The total duration of the contract
must not exceed four years, save in exceptional cases justified in particular by the subject of the contract under the rules for
the implementation of the Financial Regulation (Regulation No 2342/2002).
195
In sectors where prices and technology change rapidly, the Contract shall provide for either a mid-term review (see Article
I.2.6 of the standard framework supply contract) or a benchmarking system (Option 2 in Article I.3.3), except for
‘competitive’ multiple framework contracts. If Article I.2.6 is chosen, a mid-term review has to be carried out and if the
conditions initially laid down are no longer geared to the changes in prices or technology, the [EEAS] [Delegation] may not
use the Contract and shall take appropriate measures to terminate it.
196
To be added in the case of a ‘competitive’ multiple framework contract.
197
The invitation to tender must state clearly whether the price is subject to revision or not.
198
159
Union in the Eurostat monthly 'Data in Focus' publication at
http://www.ec.europa.eu/eurostat/].
Ir
Pr = Po —)
Io
where:
Pr = revised price;
Io = index for the month [in which the validity of the tender expires] [corresponding to
the final date for submission of tenders];
revision of prices] [in which the revised prices take effect]199.
Option 2200
The Contractor must commit itself to updating the prices for supplies at least once every six
months, and to providing supplies and their options and extensions at a price whose relationship to
the prevailing market price for equivalent items remains constant. In updating its price list, prices
may be reduced at any time, but never increased.
Benchmarking is an assessment process carried out by a qualified and objective third party which:
tests, evaluates and measures the performance of the Contractor by comparison with similar
products provided by other companies; and/or analyses the evolution of the relation between the
prices laid down in the Contract and the market prices for similar products (‘benchmarking’).
The Commission may undertake benchmarking of the levels and the charges of the supplies
provided under this Contract by comparison with similar supplies provided by outsourcing vendors
and/or in-house suppliers. The results of such benchmarking shall be available in identical form to
both the Commission and the Contractor.
In order to guarantee that a valid comparison is made, the [EEAS] [Delegation] will ensure that:
- the scope of the supplies being provided by the Contractor is taken into consideration;
- the comparison group consists of at least four enterprises to ensure statistical significance;
- the relevant comparison data must be guaranteed.
a) index of the State where the contractor has its principal place of business; or
b) index of the State where the goods will be made; or
c) index of the State where the goods will be supplied.
199
This option is not recommended when payments have to be made in the first month, given the date of publication of the
indexes.
200
See comments under footnote 15 above. The set-up of the benchmarking system and the drafting of the respective contractual
clause remains under the authorising officer's responsibility.
160
The benchmarking shall not exceed four (4) months.
For the first benchmarking exercise, the comparison group stall be defined in a document entitled
‘Comparison Group Definition’. The [EEAS] [Delegation] reserves the right to change the
comparison group algorithm to reflect any changes in its business from time to time.
The independent third party carrying out the benchmarking (‘the benchmarker’) shall be a
qualified and objective third party selected by the [EEAS] [Delegation] through an appropriate
market procedure. The [EEAS] [Delegation] will pay all of its own costs and the benchmarker's
costs during the benchmarking. The Contractor will pay all of its own costs. Interpretation of the
results of the benchmarking shall be the sole prerogative of the benchmarker.
The [EEAS] [Delegation] and the Contractor shall set aside sufficient time and resources for each
stage of the benchmarking, such as:
- identification and location of benchmarking data,
- performing the benchmarking, and
- implementation of the conclusions of the benchmarker.
The [EEAS] [Delegation] and the Contractor will be free to suggest changes in benchmarking
parameters as the supplies evolve over the term of this Framework Contract.
The benchmarker shall treat as confidential, in accordance with Article II.16 of the General
Conditions, all data provided by the [EEAS] [Delegation] and the Contractor, and will return all
material and media once the benchmarking is completed.
If the benchmarking reveals that the level of a supply does not reach the comparison group's
product quality levels, the Contractor shall immediately propose a supply equivalent to the
comparison group's level, as specified by the benchmarker.
If the benchmarking reveals that charges are higher than the comparison group's charges, the
Contractor shall immediately reduce its charges to the comparison group level specified by the
benchmarker, with effect from the date on which the results of the benchmarking were delivered to
the Parties.
If the Contractor has not proposed an equivalent supply or reduced the price in line with the
benchmarker's specification, the [EEAS] [Delegation] may not use the Contract and shall take
appropriate measures to terminate the Contract by serving written notification to the Contractor,
without being required to pay compensation. Article II.12.4. shall apply.]
ARTICLE I.4 – ORDER AND PAYMENT PERIODS
161
not been executed as a result of default or negligence on the part of the Contractor.]
Within [complete]201 days of [the latest of the following dates:]
- the date on which the Contractor returns the order form and the relevant invoice, indicating
the reference number of the Contract and of the order to which it refers,
- [the receipt by the [EEAS] [Delegation] of a duly constituted financial guarantee equal to at
least [complete]% of the total value of the order]202,
a prefinancing payment of [complete]% of the total value of the order shall be made.]
[I.4.1] [I.4.2] Orders shall be placed and executed in accordance with Article II.1.1.
Within [complete] working days of the order form being sent by the [EEAS] [Delegation],
the Contractor shall return it, duly signed and dated. The period allowed for delivery shall
start to run on the date the Contractor returns the order form, unless a specific date is
indicated on the form. In the event of failure to observe the deadline, Article II.4 shall apply.
[I.4.2] [I.4.3] The goods shall be delivered at [place and Incoterm]203
[The Contractor shall notify the [EEAS] [Delegation] of the exact date of delivery at least
[complete] days in advance. All deliveries shall be made between [complete] hours and
[complete] hours at the agreed place of delivery.] [Deliveries may be made on any working
day during normal working hours, at the agreed place of delivery.]204
[I.4.3] [I.4.4] Payment of the balance
The request for payment of the balance shall be admissible if accompanied by:
- [the final technical report in accordance with the instructions laid down in Annex I]
- the relevant invoices, indicating the reference number of the Contract and of the order
to which they refer;
[provided the above report has been approved by the [EEAS] [Delegation].]
Option 1
201
202
pre-financing must be backed by a financial guarantee of the same amount. However, where the contractor is a public body,
the authorising officer responsible may, depending on his risk assessment, waive that obligation.
203
Incoterms 2000 of the International Chamber of Commerce (example of recommended Incoterm ‘DDP = Delivered Duty Paid
= maximum obligations lie with the Contractor: the Contractor has to bear all costs and risks involved in delivering goods to
destination.’) (Incoterms to be found at the following address http://www.iccwbo.org/incoterms/preambles.asp).
204
For small deliveries.
162
[The [EEAS] [Delegation] shall have [twenty - forty-five - sixty]205 days to approve or
reject the final technical report, and the Contractor shall have [complete] days in which to
submit additional information or a new report.]
Within [complete]206 days of [the date of receipt of the relevant invoice,] [the date on which
the report is approved by the [EEAS] [Delegation],] payment of the balance corresponding
to the relevant invoices shall be made.
Option 2
report and to pay the balance corresponding to [the relevant invoices] [EUR/national currency
complete amount in figures and in words] [complete% of the total amount referred to in
Article I.3.1].] The Contractor shall have [complete] days in which to submit additional
***
[For Contractors established in Belgium, the order shall include the following provision: ‘En
Belgique, l’utilisation de ce bon de commande vaut présentation d’une demande d’exemption
de la TVA n° 450’ or an equivalent statement in the Dutch or German language. The
Contractor shall include the following statement in its invoice(s): ‘Exonération de la TVA,
article 42, paragraphe 3.3 du code de la TVA’ or an equivalent statement in the Dutch or
German language.]
205
other contracts.
206
207
163
[I.4.4] [I.4.5] [Performance guarantee
Option 1: Performance guarantee for each order issued - discharge after payment of the
balance
[A performance guarantee shall be constituted by deduction[s] of 10% of the total value of the
order concerned. It shall be withheld for up to [complete]208 months from the date of payment
of the balance of the order. It shall cover execution of the order in accordance with the terms
set out in Annex I.]
Option 2: Performance guarantee for each order issued - release on payment of the balance
[Delegation]. It shall be released on payment of the balance of the order. It shall cover
execution of the order in accordance with the terms set out in Annex I.]
Option 3: Performance guarantee for the whole contractual period - release on payment of the
balance of the last order
[Delegation]. It shall be released on payment of the balance of the last order. It shall cover
performance of the Contract in accordance with the terms set out in Annex I.]
Option 4: Performance guarantee for the whole contractual period - release after payment of
the balance of the last order
[Delegation]. It shall be released one month after payment of the balance of the last order or
specific contract or three months after the issuance of a corresponding recovery order209. It
shall cover performance of the Contract in accordance with the terms set out in Annex I.
Payments shall be made to the Contractor’s bank account denominated in euro210, identified211 as
follows:

208
The period for discharge of the performance guarantee is determined by the need to check the execution of complex tasks
(due to the particular nature of the goods or related services). It may vary from the shortest possible period after payment
(where the satisfactory performance of the contract is self-evident) to many months.
209
210
Or local currency where the receiving country does not allow transactions in euros.
211
212
164
and order numbers. Ordinary mail shall be deemed to have been received by the [EEAS]
[Delegation] on the date on which it is registered by the department responsible indicated below.
Communications shall be sent to the following addresses213:
[Postcode and city]
Contractor:
[Function]
[Company name]
[I.7.1a Without prejudice to Article I.7.2, in the event that any dispute arises between the parties
213
mails should be redirected with an added indication of the reference date of the electronic communication (date of sending,
214
165
mediation.]215
Any personal data included in the Contract shall 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. The data shall be
processed solely for the purposes of the performance, management and monitoring of the Contract
by [entity acting as data controller] without prejudice to possible transmission to the bodies
charged with a monitoring or inspection task in application of Union law. The Contractor shall
have the right of access to its personal data and the right to rectify any such data. Should the
Contractor have any queries concerning the processing of its personal data, it shall address them to
[entity acting as data controller]. The Contractor shall have right of recourse at any time to the
European Data Protection Supervisor.
Contractor shall limit access to the data to staff strictly necessary for the performance,
management and follow-up of the Contract.
The Contractor undertakes to adopt appropriate technical and organisational security measures in
view of the risks inherent in the processing and of the nature of the personal data concerned in
order to:
a) prevent any unauthorised person from having access to computer systems processing personal
data, and especially:
ac) unauthorised persons from using data-processing systems by means of data transmission
facilities;
b) ensure that authorised users of a data-processing system can access no personal data other than
that to which their access right refers;
215
Optional clause.
216
166
d) ensure that personal data being processed on behalf of third parties can be processed only in
the manner prescribed by the contracting institution or body;
e) ensure that, during communication of personal data and during 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 will meet the requirements of data
protection.
terminate the Contract by serving [complete]217 formal prior notice. Should the [EEAS]
corresponding to the goods ordered [and delivered]218 before the termination date. On receipt of
the letter terminating the Contract, the Contractor shall take all appropriate measures to minimise
costs, prevent damage, and cancel or reduce its commitments. It shall draw up the documents
required by the Special Conditions for the goods delivered and services rendered up to the date on
which termination takes effect, within a period not exceeding sixty days from that date.
decisions and decisions to reject]219, this Contract shall be null and void.]220
217
It is recommended to indicate 14 days or one month but, depending on your assessment of the situation, you may decide to
settle for a longer period.
218
Option to be inserted only in contracts for the supply of standard products. Where the goods are specially made for the
[EEAS] [Delegation], it could be considered unfair.
219
brackets should read as follows: [from the day after the contract award notice has been published in the Official Journal of
the European Union].
220
This Article shall be included for contracts covered by Directive 2004/18/EC except for the cases indicated in Article 158a(2)
of the rules for the implementation of the Financial Regulation (Regulation No 2342/2002).
221
To be completed by the department responsible, where appropriate. Unit D2, responsible for contracts in DG BUDGET, may
be consulted in advance for any change to the model standard contract, if such consultation is judged necessary.
167
ARTICLE II.1 - PROCEDURES FOR PERFORMING THE CONTRACT
II.1.1 Phases of execution of the order
Sending of the order form

Whenever the Union wishes goods to be supplied pursuant to the Contract, it shall send an
order form to the Contractor, in duplicate, specifying the terms of supply of the goods, such
as quantity, designation, quality, price, place of delivery and time allowed for delivery, in
accordance with the conditions laid down in the Contract.
Acknowledgement of the order by the Contractor
Within the period indicated in Article I.4, the Contractor shall return one original of the
order form, duly signed and dated, thereby acknowledging receipt of the order and
acceptance of the terms.
Delivery
d) Time allowed for delivery
The time allowed for delivery shall be calculated in accordance with Article I.4.
e) Date, time and place of delivery
The Union shall be notified in writing of the exact date of delivery within the period
indicated in Article I.4. All deliveries shall be made at the agreed place of delivery
during the hours indicated in Article I.4.
The Contractor shall bear all costs and risks involved in delivering the goods to the
place of delivery.
f) Consignment note
Each delivery shall be accompanied by a consignment note in duplicate, duly signed
and dated by the Contractor or its carrier, giving the order number and particulars of
the goods delivered. One copy of the consignment note shall be countersigned by
the Union and returned to the Contractor or to its carrier.
Certificate of conformity
Signing of the consignment note by the Union, as provided for in subparagraph c) above, is
simply an acknowledgement of the fact that the goods have been delivered and in no way
implies conformity of the goods with the order.
Conformity of the goods delivered shall be evidenced by the signing of a certificate to this
effect by the Union no later than one month after the date of delivery, unless provision is
made for a different period222 in the Special Conditions or in Annex I.
222
Where the goods or equipment supplied are particularly complex, it is preferable not to carry out acceptance until after a
continuous period of satisfactory performance so that reliability and any performance guarantees can be checked.
168
Conformity shall be declared only where the conditions laid down in the Contract and in
the order are satisfied and the goods conform to Annex I.
Where, for reasons attributable to the Contractor, the Union is unable to accept the goods,
the Contractor shall be notified in writing at the latest by the deadline for conformity.
Conformity of the goods delivered with the Contract

c) The goods delivered by the Contractor to the Union must be in conformity in
quantity, quality, price and packaging with the Contract and the relevant order.
d) The goods delivered must:

- correspond to the description given in Annex I and possess the characteristics
of the goods supplied by the Contractor to the Union as a sample or model;
- be fit for any specific purpose required of them by the Union and made known
to the Contractor at the time of conclusion of the Contract and accepted by the
Contractor;
- be fit for the purposes for which goods of the same type are normally used;
- demonstrate the quality and performance which are normal in goods of the
same type and which the Union can reasonably expect, given the nature of the
goods and taking into account any public statements on the specific
characteristics of the goods made by the Contractor, the producer or its
representative, particularly in advertising or on labelling;
- be packaged according to the usual method for goods of the same type or,
failing this, in a way designed to preserve and protect them.
Remedy
e) The Contractor shall be liable to the Union for any lack of conformity which exists
at the time the goods are verified.
f) In case of lack of conformity, without prejudice to Article II.4 regarding liquidated

damages applicable to the total price of the goods concerned, the Union shall be
entitled:
- either to have the goods brought into conformity, free of charge, by repair or
replacement;
- or to have an appropriate reduction made in the price.
g) Any repair or replacement shall be completed within a reasonable time and without
any significant inconvenience to the Union, taking account of the nature of the
goods and the purpose for which they are required by the Union.
h) The term ‘free of charge’ in paragraph b) refers to the costs incurred to bring the
goods into conformity, particularly the cost of postage, labour and materials.
Assembly
If required by Article I.1.2 of the Special Conditions, the Contractor shall assemble the
goods delivered within a period of one month unless otherwise specified in the Special
Conditions or in Annex 1.
169
Any lack of conformity resulting from incorrect installation of the goods delivered shall be
deemed to be equivalent to lack of conformity of the goods if installation forms part of the
Contract and the goods were installed by the Contractor or under its responsibility. This
shall apply equally if the product was to be installed by the Union and was incorrectly
installed owing to a shortcoming in the installation instructions.
Services relating to goods
If required by Annex I, services relating to the goods shall be provided accordingly.
II.1.2 General provisions concerning goods

c) Packaging
The goods shall be packaged in strong boxes or crates or in any other way that
ensures that the contents remain intact and prevents damage or deterioration.
Packaging, pallets, etc., including contents, shall not weigh more than 500 kg.
Unless otherwise specified in the Special Conditions or in Annex 1, pallets shall be
considered as one-way packaging and shall not be returned. Each box shall be clearly
labelled with the following information:
 [EEAS] [Delegation of the European Union] and address for delivery;
 name of Contractor;
 description of contents;
 date of delivery;
 number and date of order form;
 EU code number of article.
d) Guarantee
The goods shall be guaranteed against all defects in manufacture or materials for two
years from the date of delivery, unless provision is made for a longer period in
Annex I.
The Contractor shall guarantee that any permits and licences required for
manufacturing and selling the goods have been obtained.
The Contractor shall replace at its own expense, within a reasonable time limit to be
determined by agreement between the parties, any items which become damaged or
defective in the course of normal use during the guarantee period.
The Contractor is responsible for any conformity defect which exists at the time of
delivery, even if this defect does not appear until a later date.
The Contractor is also responsible for any conformity defect which occurs after
delivery and is ascribable to non-compliance with its obligations, including failure to
provide a guarantee that, for a certain period, goods used for the purposes for which
they are normally used or for a specific purpose will preserve their qualities or
characteristics as specified.
170
If part of an item is replaced, the replacement part shall be guaranteed under the same
terms and conditions for a further period of the same duration as that specified above.
If a defect is found to originate in a systematic flaw in design, the Contractor must

replace or modify all identical parts incorporated in the other goods that are part of
the order, even though they may not have been the cause of any incident. In this case,
the guarantee period shall be extended as stated above.
II.1.3 Performance of the Contract
a) The Contractor shall perform the Contract according to the highest professional standards.
b) The Contractor shall have sole responsibility for taking the necessary steps to obtain any
permit or licence required for performance of the Contract under the laws and regulations in
force at the place where the orders are to be executed.
c) The Contractor must ensure that any staff performing the Contract have the professional
qualifications and experience required for execution of the orders.
d) In the event of disruption resulting from the action of a member of the Contractor's staff
staff failing to correspond to the profile required by the Contract, the Contractor shall replace
that staff member without delay. The Union shall have the right to request the replacement of
any such member of staff, stating its reasons for so doing. Replacement staff must have the
necessary qualifications and be capable of performing the Contract under the same
contractual conditions. The Contractor shall be responsible for any delay in the execution of
the orders resulting from the replacement of staff in accordance with this Article.
e) Should any unforeseen event, action or omission directly or indirectly hamper execution of
the orders, either partially or totally, the Contractor shall immediately and on its own
problem and an indication of the date on which it started and of the remedial action taken by
the Contractor to ensure full compliance with its obligations under the Contract. In such an
event, the Contractor shall give priority to solving the problem rather than determining
liability.
f) Should the Contractor fail to perform its obligations under the Contract, the Union may -
without prejudice to its right to terminate the Contract - reduce or recover payments in
proportion to the scale of the failure. In addition, the Union may impose liquidated damages,
as provided for in Article II.4.
Union.
171
performance of the Contract, the Contractor shall assist the Union. Expenditure incurred to
this end may be borne by the Union.
- that it has not made and will not make any offer of any type whatsoever from which an
unjustified advantage can be derived under the Contract,
- that it has not granted and will not grant, has not sought and will not seek, has not
constitutes an illegal practice or involves corruption, either directly or indirectly,
inasmuch as it is an incentive or reward relating to the performance of the Contract.
172
impose liquidated damages of 0.2%223 of the amount of the relevant order per calendar day of
obligations.
ARTICLE II.5 – INVOICING AND PAYMENTS
a) Prefinancing:
Where required by Article I.4.1 or by the order issued, the Contractor shall provide a financial
guarantee in the form of a bank guarantee or equivalent supplied by a bank or an authorised
financial institution (guarantor) equal to the amount indicated in the same Article to cover
prefinancing under the Contract. Such guarantee may be replaced by a joint and several
guarantee by a third party.
by it to the Contractor which have not yet been covered by equivalent delivery of goods or
execution of related services on its part.
equivalent delivery of goods or execution of related services. The guarantee shall be retained
until the prefinancing has been deducted from payment of the balance. It shall be released the
following month or, at the latest, three months after the issuance of a recovery order. The cost
of providing such guarantee shall be borne by the Contractor.
b) Payment of the balance
Within sixty days of receipt by the Contractor of the certificate of conformity of the goods
signed by the Union, it shall submit the relevant invoice, drawn up in duplicate and bearing the
order number, to the Union for approval.
223
173
Where required, it shall be accompanied by a final technical report in accordance with the
instructions laid down in Annex I.
 to approve it, with or without comments or reservations, or suspend such period and
request additional information; or
debited.
ARTICLE II.7 –RECOVERY
174
II.7.1 If total payments made exceed the amount actually due under the order or if recovery is
repaid in full.
due. The Union may also claim against the guarantee.
ARTICLE II.8 –TAXATION
II.8.1 The Contractor shall have sole responsibility for compliance with the tax laws which apply
to it. Failure to comply shall make the relevant invoices invalid.
VAT.
ARTICLE II.9– FORCE MAJEURE AFFECTING THE CONTRACT OR THE ORDER(S)
II.9.1 Force majeure shall mean any unforeseeable and exceptional situation or event beyond the
control of the contracting parties which prevents either of them from performing any of
their obligations under the Contract, was not due to error or negligence on their part or on
the part of a subcontractor, and could not have been avoided by the exercise of due
disputes, strikes or financial problems cannot be invoked as force majeure unless they stem
directly from an established case of force majeure.
II.9.2 Without prejudice to the provisions of Article II.1.3(e), if either contracting party is faced
175
II.9.3 Neither contracting party shall be held in breach of its contractual obligations if it has been
prevented from performing them by force majeure. Where the Contractor is unable to
perform its contractual obligations owing to force majeure, it shall have the right to
remuneration for the goods actually delivered and any service provided.
II.9.4 The contracting parties shall take the necessary measures to reduce damage to a minimum.
176
this information;

i) where the Contractor is unable, through its own fault, to obtain any permit or licence
j) where the Contractor, after receiving formal notice in writing to comply, specifying the
of its contractual obligations;
k) when due to the termination of the Contract with one or more of the contractors there is no
minimum required competition within the multiple framework contract with reopening of
competition.
II.12.2 In cases of force majeure, notified in accordance with Article II.9, either contracting party
may terminate the Contract, where performance thereof cannot be ensured for a quantity
of goods corresponding to at least one fifth of the quantity of goods ordered.
II.12.3 Prior to termination under point c), d), e), h) or j), the Contractor shall be given the

take all appropriate measures to minimise costs, prevent damage, and cancel or reduce its
goods supplied and related services rendered up to the date on which termination takes
effect, within a period not exceeding sixty days from that date.
177
On termination the Union may engage any other contractor to supply the goods and
execute the related services. The Union shall be entitled to claim from the Contractor all
extra costs incurred in making good and completing the execution of the Contract,
without prejudice to any other rights or guarantees it has under the Contract.

ARTICLE II.13 - CANCELLATION OF ORDERS
Where execution of the order has not actually commenced within fifteen days 224 of the date
foreseen for the commencement of execution and the new date proposed, if any, is considered
unacceptable by the Union, the Union may cancel such order with no prior notice. Cancellation
shall take effect from the day after the day on which the Contractor receives a registered letter with
acknowledgement of receipt or equivalent.
The Union may cancel an order at any time during execution thereof on the grounds and under the
conditions set out in Article II.12 with respect to the part still outstanding. The Contractor shall
accept, as the aggregate liability of the Union, payment of the price of the goods delivered by it up
to the effective date of cancellation.
from signature of the Contract up to five years after payment of the balance of the last
order.
obligations from signature of the Contract up to five years after payment of the balance of
the last order.
224
This period can be modified in the Special Conditions depending on the nature of the contract. If the date or time of delivery
is essential for the Commission, this should be clearly indicated in the invitation to tender and a clause in the Special
Conditions should modify Article II.13 accordingly.
178
to five years after payment of the balance of the last order.
contracting parties. An oral agreement shall not be binding on the contracting parties. An order
may not be deemed to constitute an amendment to the Contract.
execution of the orders.
directly or indirectly, to execution of the tasks and that they will not divulge to third
parties or use for their own benefit or that of any third party any document or information
not available publicly, even after execution of the orders.
any reason suspend execution of the Contract, pending orders or any part thereof. Suspension shall
take effect on the day the Contractor receives notification by registered letter with
acknowledgement of receipt or equivalent, or at a later date where the notification so provides. The
Union may at any time following suspension give notice to the Contractor to resume performance
of the Contract or pending orders. The Contractor shall not be entitled to claim compensation on
account of suspension of the Contract or of part thereof.
SIGNATURES

179
180
20. Framework works contract (currently being prepared)
181
21. Specimen addendum
182
ADDENDUM No …
TO CONTRACT No225 ……..………
represented]
for the purposes of the signature of this addendum by [forename, surname, function,
department]226,
of the one part, and

(hereinafter referred to as ‘the Contractor’), [represented for the purposes of signing this contract
by [full name and function], of the other part,
Having regard to Contract No ... concluded between [complete] and the Contractor on ... (‘the
Contract’),
Whereas229 the [Contractor] [EEAS] [Delegation] [has requested] [has informed] the [EEAS]
[Delegation] [Contractor] [of its intention] to ...] [extend/prolong, terminate, modify, revise the
above Contract],
HAVE AGREED AS FOLLOWS:
Article 1
Article … is replaced by the following Article [Clause … of Article … is replaced by the

following clause:]
225
Number of the Contract. Otherwise insert commitment number.
Options [in italics] should be deleted where not applicable. Options [in normal style] should be filled in.
226
The official must be an authorising officer (by delegation or subdelegation) designated in accordance with Note No 60008 of 22
February 2001 ‘Mise en place de la Charte des ordonnateurs’.
227
This line should be deleted in the case of public law bodies and natural persons.
228
For natural persons, the registration number is the number of valid ID card or, where not available, the passport. This line should
be deleted in the case of public law bodies.
229
Reasons why an addendum is needed.
183
«---------------------------------------------»
[…]
Article 2
All the other provisions of the Contract shall remain unchanged and shall continue to apply [for the
period of duration indicated in Article …. of the Contract] [for the new period of duration
indicated in Article 1 of this addendum]230.
Article 3
The present addendum shall form an integral part of the Contract and shall enter into force [after
signature by the contracting parties on the date indicated therein] [on [date]].
SIGNATURES
[Company name/forename/surname/function] [forename/surname]

In duplicate in [language].
230
If the contract duration is being amended by the addendum.
184
ANNEX 1: MODEL LETTER REQUESTING AN ADDENDUM
a) Letter requesting an addendum:
Model text:
REQUEST FOR AN ADDENDUM TO CONTRACT No (…)
‘With reference to Contract No. … signed on ….. between ….. (contractor name) and
the European External Action Service/Delegation of the European Union to …/the
European Union (hereinafter referred to as the ‘EEAS/Delegation/Union’) [and referred
to as the … in the Contract]), [the contractor] [the Union] hereby requests [the
contractor] [the Union] to agree to the following amendment(s):
Article … is replaced by the following Article [clause … of Article … is replaced by the

following clause:]
‘--------------------------------------------’
All the other provisions of the Contract remain unchanged and shall continue to apply
[for the period of duration of the Contract] [for the new period of duration indicated in
Article 1 of this addendum].
The addendum shall form an integral part of the Contract and shall enter into force upon
the signature of the contracting parties [concerned] or [on [date]].
SIGNED231

[Company name/forename/surname/function] [forename/surname]
231
Only the contractor or the Union will sign depending on which of the two parties initiated the request.
b) Letter accepting addendum requested:
Model text:
RESPONSE TO REQUEST FOR AN ADDENDUM TO CONTRACT No (…)
The [European External Action Service/Delegation of the European Union to

…/European Union (hereinafter referred to as the ‘EEAS’/‘Delegation’/‘Union’)]
[Contractor], referring to the letter of …….. (date) which reads as follows:
«…………………………………………»,
hereby agrees to the proposed amendment(s) to Contract No. …….. .
SIGNED232

[Company name/forename/surname/function] [forename, surname]
232
Only the contractor or the Union will sign depending on which of the two parties initiated the request.
Guide to public procurement procedures for contracts concluded by the EEAS (vers. 1.01, March 2011) 186
22. Model guarantee letters
22.1 Model prefinancing guarantee letter
[MODEL]
PREFINANCING FIRST DEMAND GUARANTEE233
Financial institution/Bank (Letterhead)
[Place/Date]
The European Union, represented by

[the European External Action Service (hereinafter referred to as 'the EEAS')]
[the Delegation of the European Union to…]
Address
Reference: Contract No and exact title: […]
ARTICLE 1 – DECLARATION ON GUARANTEE, AMOUNT AND PURPOSE
We, the undersigned [name and address of the financial institution or bank] (hereinafter
referred to as 'the Guarantor') hereby confirm that we give the European Union
(hereinafter referred to as 'the Union'), represented by the [European External Action
Service (hereinafter referred to as 'the EEAS')] [Delegation of the European Union to…]
an unconditional, irrevocable and independent first-request guarantee consisting in the
undertaking to pay to the Union a sum equivalent to the amount of:
[EUR (local currency) [in figures: …] (in words: … euros (local currency))
upon simple request, for guarantee of the prefinancing payment(s) stipulated in the
contract (No/exact title, hereinafter referred to as the 'Contract') concluded between the
Union and [name and address], (hereinafter referred to as 'the Contractor').
ARTICLE 2 – EXECUTION OF GUARANTEE
If the Union gives notice that the Contractor has for any reason failed to reimburse
prefinancing payments made by the Union, we, acting by order and for account of the
Contractor, undertake to immediately pay up to the above amount, in EUR, without
exception or objection, into [Option 1: a bank account designated by the Union]
[Option 2: the following bank account: (…)], on receipt of the first written request from
the Union. We shall inform the Union in writing as soon as the payment has been made.
ARTICLE 3 – OBLIGATIONS OF THE GUARANTOR
1. We waive the right to require exhaustion of remedies against the Contractor, any
right to withhold performance, any right of retention, any right of avoidance, any
right to offset, and the right to assert any other claims which the Contractor may have
against the Union under the Contract or in connection therewith or on any other
grounds.
233
The footnotes are internal instructions for the authorising officers only and must be deleted before the guarantee is
signed. [Plain text]: items to be filled in. [Text in italics]: these items are optional and may be deleted depending on
the context of the guarantee.
2. Our obligations under this guarantee shall not be affected by any arrangements or
agreements made by the Union with the Contractor which may concern its
obligations under the Contract.
3. We undertake to immediately inform the Union in writing, by registered letter or by

courier with acknowledgement of receipt, in the event of a change to our legal status,
ownership or address.
ARTICLE 4 – DATE OF ENTRY INTO FORCE
This guarantee shall enter into force upon its signature. If, on the date of its signature,
the [first] prefinancing payment to the Contractor has not been made, this guarantee
shall enter into force on the date on which the Contractor receives the [first]
prefinancing payment.
ARTICLE 5 – END-DATE AND CONDITIONS OF RELEASE
1. We may be released from this guarantee only with the Union's written consent.
2. This guarantee shall expire on return of this original document by the [EEAS]
[Delegation] to our offices by registered letter or by courier with acknowledgement
of receipt.
3. [Option 1: This must occur at the latest one month after the payment of the balance
under the Contract has been made or three months after the issuance of the
corresponding recovery order234.]
[Option 2: This must occur at the latest during the month after the prefinancing
under the Contract has been cleared through interim payments.]
[Option 3: This must occur, in any case, at the latest on (indicate a precise date235).]
4. After expiry, this guarantee shall become automatically null and void and no claim
relating thereto shall be admissible for any reason whatsoever.
ARTICLE 6 – APPLICABLE LAW AND COMPETENT JURISDICTION
Option 1
1. This guarantee shall be governed by and construed in accordance with the law
applicable to the Contract.
2. The courts having jurisdiction for matters relating to the Contract shall have sole
jurisdiction in respect of matters relating to this guarantee.
Option 2
234
In any case it should never be reduced.
235
This has to be inserted where the law applicable to the guarantee imposes a specific expiry date.
Any dispute concerning this guarantee shall be governed by and construed in
accordance with the law [of the country of establishment of the [Contractor][Bank]]
and fall within the sole competence of the [corresponding national] Courts.
ARTICLE 7 - ASSIGNMENT
The rights arising from this guarantee may not be assigned [without our written
consent].
Done at [insert place], on [insert date]
________________ [__________________]
[Signature/ [Signature/
Function at the Financial Institution/Bank] Function at the Financial Institution/Bank]
22.2 Model performance guarantee letter
[MODEL]
PERFORMANCE FIRST-DEMAND
GUARANTEE236
Financial institution/Bank (Letterhead)
[Place/Date]
The European Union, represented by

[the European External Action Service (hereinafter referred to as 'the EEAS')]
[the Delegation of the European Union to…]
Address
Reference: Contract No and exact title: […]
ARTICLE 1 – DECLARATION ON GUARANTEE, AMOUNT AND PURPOSE
We, the undersigned [name and address of the financial institution or bank] (hereinafter
referred to as 'the Guarantor') hereby confirm that we give the European Union
(hereinafter referred to as 'the Union'), represented by the [the European External Action
Service (hereinafter referred to as 'the EEAS')] [the Delegation of the European Union
to… (hereinafter referred to as 'the Delegation)] an unconditional, irrevocable and
independent first-demand guarantee consisting in the undertaking to pay to the Union a
sum equivalent to the amount of:
EUR (national currency) [in figures: …] (in words: … euros/national currency))
upon simple demand, for the good performance of the contract concluded between the
Union and [name and address] (hereinafter referred to as 'the Contractor'), as given in
the contract (No/exact title, hereinafter referred to as 'the Contract').
ARTICLE 2 – EXECUTION OF GUARANTEE
If the Union gives notice that the Contractor has for any reason failed to fulfil its
obligations under the Contract by the due date, we, acting by order and for account of
the Contractor, undertake to immediately pay up to the above amount, in EUR, without
exception or objection, into [Option 1: a bank account designated by the Union]
[Option 2: the following bank account: (…)], on receipt of the first written request from
the Union. We shall inform the Union in writing as soon as the payment has been made.
ARTICLE 3 – OBLIGATIONS OF THE GUARANTOR
1. We waive the right to require exhaustion of remedies against the Contractor, any
right to withhold performance, any right of retention, any right of avoidance, any
right to offset, and the right to assert any other claims which the Contractor may have
against the Union under the Contract or in connection therewith or on any other
grounds.
236
The footnotes are internal instructions for the authorising officers only and must be deleted before the guarantee is
signed. [Plain text]: items to be filled in. [Text in italics]: these items are optional and may be deleted depending on
the context of the guarantee.
2. Our obligations under this guarantee shall not be affected by any arrangements or
agreements made by the Union with the Contractor which may concern its
obligations under the Contract.
3. We undertake to immediately inform the Union in writing, by registered letter or by

courier with acknowledgement of receipt, in the event of a change to our legal status,
ownership or address.
ARTICLE 4 – DATE OF ENTRY INTO FORCE
This guarantee shall enter into force upon its signature.
ARTICLE 5 – END-DATE AND CONDITIONS OF RELEASE
1. We may be released from this guarantee only with the Union's written consent.
2. This guarantee shall expire on return of this original document by the [EEAS]
[Delegation] to our offices by registered letter or by courier with acknowledgement
of receipt.
3. [Option 1: This must occur at the latest [one month]237 after the payment of the
balance under the Contract has been made or [three months] after the issuance of
the corresponding recovery order.]
[Option 2: This must occur, in any case, at the latest on (indicate a precise date238).]
4. After expiry, this guarantee shall become automatically null and void and no claim
relating thereto shall be admissible for any reason whatsoever.
ARTICLE 6 – APPLICABLE LAW AND COMPETENT JURISDICTION
Option 1
1. This guarantee shall be governed by and construed in accordance with the law
applicable to the Contract.
2. The courts having jurisdiction for matters relating to the Contract shall have sole
jurisdiction in respect of matters relating to this guarantee.
Option 2
237
The period for discharge of the performance guarantee is determined by the need to check the quality of complex
goods (in the case of supply contracts) or the execution of complex tasks (in the case of service contracts). It may
vary from the shortest possible period after payment (where satisfactory performance of the contract is self-evident)
to many months. In any case it should never be reduced.
238
This has to be inserted where the law applicable to the guarantee imposes a specific expiry date. The period for
discharge of the performance guarantee is determined by the need to check the quality of complex goods (in the
case of supply contracts) or the execution of complex tasks (in the case of service contracts). It may vary from the
shortest possible period after payment (where satisfactory performance of the contract is self-evident) to many
months.
Any dispute concerning this guarantee shall be governed by and construed in
accordance with the law [of the country of establishment of the [Contractor][Bank]]
and fall within the sole competence of the [corresponding national] Courts.
ARTICLE 7 - ASSIGNMENT
The rights arising from this guarantee may not be assigned [without our written
consent].
Done at [insert place], on [insert date]
__________________ [__________________]
[Signature/ [Signature/
Function at the Financial Institution/Bank] Function at the Financial
Institution/Bank]
23 Contract procedures checklists
23.1 Checklist for contracts worth €5 000 to €25 000
CHECKLIST FOR NEGOTIATED PROCEDURES > €5 000 <= €25 000
INVITATION TO TENDER No [ … ]
Tick Operational
EEAS/
ACTION - Step of the procedure Division
A2
Deadline
√ /Delegation
 1 Ex ante publicity (optional) √
2
 Selection of at least 3 economic operators (pre-contract √
analysis)
Preparation of the (simplified) negotiation documents. It

is recommended that you include:
 Letter of invitation to tender/negotiate
 Tender specification (technical

specifications, tender evaluation
methodology and method of calculating
financial value of tender, technical and
3 financial tender forms. If a purchase
order is used, the tender specification
√
 should always include reference to the
internet site where the general conditions
applicable to purchase orders are
published.
 Draft contract – if a purchase order is not

used (implementing procedures,
performance checks, invoicing, payments)
 Declaration certifying compliance with

exclusion criteria
The
minimum
time limit for
a supplier to
respond to a
price request
Dispatch of tender/negotiation documents to selected
must be 10
candidates (3 MINIMUM) after checking in EWS working
days. Where
 including links to financial information and legal √
a time limit
entity forms and, where applicable, to the model of less than 5
declaration on the tenderer's honour and/or the specimen days is
4 guarantee letter. required for
operational
reasons, the
procedure
for
documenting
exceptions
Tick
Operational
EEAS/
A2
Deadline
√ /Delegation
must be used
(internal
control
standard 8).
Appointment of opening board/evaluation committee

(separately or at same time)
Optional
5 √

Compulsory signing of the declaration of absence of
conflict of interest by board/committee members and chair
Receipt, registration and provisional archiving of tenders

 6 by the operational division/Delegation applying filing and √
archiving procedures
Opening of tenders and drafting of the opening record

(the originals of the technical and financial bids must be
initialled by at least 2 members of the opening board)
7
√
 Optional
The record must be signed by all board members and the

chair.
Evaluation of tenders (quality/financial aspects) and

drafting of the tender evaluation record(s) signed by every
 8 member of the evaluation committee and the chair √
Optional
 Decision to award/not to award the contract √

9
 Establishment of the budgetary commitment according to √

10 the financial circuit (direct contracts)
Dispatch of letters of rejection to unsuccessful tenderer(s)

 11 (at the same time as contract is sent to the successful √
tenderer(s))
Dispatch of letter(s) of acceptance to the successful

tenderer(s) and of two copies of the contract(s) to be
signed (at the same time as the letters of rejection) +
 √
specimen bank guarantee letter where applicable;
dispatch of the financial information and legal entity
forms (unless requested with the tender)
Tick
Operational
EEAS/
A2
Deadline
√ /Delegation
12 Request to successful tenderer to submit evidence of

compliance with exclusion criteria – Optional (under limit
in Directive 2004/18/EC); the authorising officer may call
for supporting documents if in doubt about the successful
tenderer’s compliance with one of the exclusion criteria.
Creation of the LEF (unless already created for a √

 13 previous contract)
Check signed contract(s) on return; check whether

contract signatory is empowered to sign on behalf of their
company, check bank guarantee and, where applicable,
14 financial information and legal entity sheets √

Check any supporting documents confirming compliance
with exclusion criteria
15
Dispatch of signed contract(s) to contractor(s) - original √

Data entry in ABAC Contracts

16
√
 (Entry of guarantee data in ABAC Workflow where
appropriate)
Archiving of whole file (including original contract) in √

 17 accordance with current archive rules
23.2 Checklist for contracts worth €25 000 to €60 000
CHECKLIST FOR NEGOTIATED PROCEDURES > €25 000 < €60 000
Tick Operational
EEAS.
ACTION - Step of procedure Division Deadline
A.2
√ /Delegation
 1 Ex ante publicity (optional) √
 2 Selection of at least 5 economic operators (pre-contract √

analysis)
Preparation of the negotiation documents:
 Letter of invitation to tender/negotiate

financial tender forms) + links to
financial information and legal entity
forms + where applicable, to specimen
guarantee letter.
 3 √
 Draft contract (implementing procedures,
 Draft order form (where applicable)
 Draft specific contract (where

applicable)
 Declaration certifying compliance with

exclusion criteria 239
 4 Translation request to DG Translation (where necessary) √ Three weeks

for the tender/negotiation documents (via POETRY-Web)
The
recommended
time limit for
submitting bids
Dispatch of negotiation documents to selected candidates is 21 days as
 5 √
(5 MINIMUM) after checking in EWS from the day
following
dispatch of the
tender
specification
Tick
Operational
EEAS.
A.2
√ /Delegation
Site visit and/or information meeting (where appropriate)
 6 Drafting of record (including questions/answers from all √

participants who were sent the negotiation documents
(where applicable))
Appointment of opening board/evaluation committee

(separately or at same time) - Optional (but recommended)
 7 √
conflict of interests by board/committee members and
chair.

Opening of tenders and drafting of the opening record

(the originals of the technical and financial bids must be
initialled by at least 2 members of the opening board) -
 9 Optional (but recommended) √
The record must be signed by all board members and the

chair.
Evaluation of tenders (quality/financial aspects) and

drafting of the tender evaluation record(s) signed by every
 10 √
member of the evaluation committee and the chair -
Optional (but recommended)
Drafting of contract award/non-award report

 11 √
Signature by Head of Operational Division/Head of
Delegation - Optional (but recommended)
 12 Decision to award/not to award the contract √
Establishment of the budgetary commitment according to

 13
the financial circuit (direct contracts)

tenderer(s))

 15 specimen bank guarantee letter, where applicable, and the √
financial identification and legal entity form(s) (if not
requested with bid)
Request to successful tenderer to submit proof of
Tick
Operational
EEAS.
A.2
√ /Delegation
compliance with exclusion criteria - Optional (under limit

in Directive 2004/18/EC). The authorising officer may call
for supporting documents if in doubt about the successful
tenderer's compliance with one of the exclusion criteria.
Creation of the LEF (unless already created for a

 16 √
previous contract)
Check signed contract(s) on return; check authority of

contract signatory to sign for his/her company, bank
guarantee(s), financial identification and legal entity
 17 form(s) (where applicable) √
Check any supporting documents confirming compliance

with exclusion criteria
 18 Dispatch of signed contract(s) by authorising officer to √

contractor(s) - original
 19 Data entry in ABAC Contracts √
 20 Entry of guarantee data in ABAC Workflow, where √

appropriate
Archiving of whole file (including original contract) in √

 21
accordance with current archive rules
 22 Ex post publication of annual lists of contractors √
23.3 Checklist for contracts worth €60 000 or more
CHECKLIST FOR RESTRICTED/NEGOTIATED PROCEDURES >= €60 000
Operatio
Tick nal
EEAS/
ACTION Division Deadline
A2
√ /Delegat
ion
A) Pre-information (optional)
Before 31 March N
If a pre-
information notice
containing all the
Publication of the pre-information notice in the OJ (after information
entry of data in SIMAP) – Optional: required in the
contract notice is
 if total value of contracts >= €750 000 in sent for
the case of supply/service contracts publication not less
 1 (Annex IIA Directive 2004/18/EC) √ √ than 52 days and
not more than 12
 if total value >= €4 845 000 in the case of months before the
works contracts date on which the
contract notice is
dispatched, the
minimum time
limit for receiving
bids may normally
be reduced to 36
days.
B) Steps of the procedure
Preparation of draft contract notice and tender

documents:
 Draft contract notice
 Letter of invitation to tender

 2 methodology and method of calculating √
financial tender forms)
 Draft contract (implementing

procedures, performance checks,
invoicing, payments)
Operatio
Tick nal
EEAS/
A2
√ /Delegat
ion
applicable)
Transmission to Contracts Division using model cover

note
 3 Validation of contract notice and tender specification √ 5 to 10 working

days
Entry of contract notice data (SIMAP) Direct

transmission to Publications Office
Publication within
5-10 days of date of
Publication of contract notice in OJ (www.ted.europa.eu) dispatch (max. 12
days)
Compulsory in the case of:
Economic
 4  supply and service contracts (Annex IIA Directive √ operators have 37
2004/18/EC) >= €125 000 days from entry of
the contract notice
 service contracts falling under Category 8 Annex data in SIMAP to
IIA and under Annex IIB Directive 2004/18/EC) >= dispatch the
€193 000 request to
participate.
 Works contracts >= €4 845 000
 5 Additional publicity, if appropriate. √
 6 Translation request to DG Translation (where necessary) √ 3 weeks and more

for the tender documents (via POETRY-Web)
After first obtaining Contract Division's opinion on their

composition, appointment by the authorising officer by
subdelegation of the opening board and evaluation
committee for:
 requests to participate
 tenders.
 7 The appointment of the members of the board and √ √

committee is generally done by the same letter of
appointment (where the members are the same).
However, it may also be done in separate letters (where
the members are different).
The Contracts Division must provide the chair and

secretariat. The operational division is responsible for
inviting outside members to take part.
Signing of the declaration of absence of conflict of
Operatio
Tick nal
EEAS/
A2
√ /Delegat
ion
interests by the board/committee members and chair -

compulsory
Receipt, registration and provisional archiving of

 8 requests to participate by the operational √
division/Delegation applying filing and archiving
procedures
Opening of requests to participate (chair) and drafting of

official record of the opening of requests to participate
(secretariat). First and last page initialled by members of √ √
 9
the opening board.
The record is signed by all board members and the chair.
Evaluation of requests to participate

 10 √
Checks in EWS
 11 Requests for additional information (where applicable): √
 12 Record of evaluation of requests to participate signed by √ √

all committee members and the chair
The time limit for
Dispatch of tender documents to selected candidates: submitting bids is
40 days as from the
 Letter of invitation to tender/negotiate day following the
dispatch of the
 Tender specification tender
specification
 Draft contract
If pre-information
 13 √ applies:
 Draft specific contract (where time limit for

applicable) submission
reduced to 36 days
Link to financial identification and legal
entity forms, and to bank guarantee form Reduced by 5 days
where applicable. if electronic access
to documents
Dispatch of letters of rejection to unsuccessful

 14 candidates (on same date as tender documents are sent to √
successful candidates – equal treatment)

 15 √ √
Drafting of record (including questions/answers from all
Operatio
Tick nal
EEAS/
A2
√ /Delegat
ion
participants who were sent the tender documents, where

applicable)
Appointment of the opening board and evaluation

committee (separately or at same time) – only if not
appointed at same time as appointments were made to the
opening board and evaluation committee for requests to
participate.
 16 The Contracts Division must provide the chair and √ √


conflicts of interest by board/committee members and
chair.

17 by the operational division/Delegation applying filing √

and archiving procedures
Opening of technical tenders (chair) and drafting of

tender opening record (secretariat). The first and last
 18 pages of the technical tender and the envelope √ √
containing the financial tender are initialled by all
members of the opening board.
Technical evaluation of tenders and opening and

evaluation of financial tenders for qualifying tenders
 19 √ √
Drafting of the tender evaluation record(s) signed by all
members of the evaluation committee and the chair
Drafting of contract award/non-award report in the

required form
 20 √
Signature by the Head of the operational
division/Delegation (authorising officer) and
transmission of file to the Contracts Division for opinion
 21 Positive (with or without reserves) or negative opinion by √ 5 to 10 working

Contracts Division. days
If opinion is positive and after implementing any

 22 recommendations made by the Contracts Division, √
decision to award/not to award contract.
Operatio
Tick nal
EEAS/
A2
√ /Delegat
ion
 23 Establishment of the budgetary commitment according to √


 24 tenderer(s) (at the same time as contract is sent to the √
successful tenderer(s)).

links to specimen bank guarantee letter (and to the
financial identification and legal entity form(s) if not
requested with bid).

compliance with exclusion criteria:
The contract may
Compulsory under limit in Directive 2004/18/EC for: not be signed until
14 calendar days
 25  supply and service contracts (Annex IIA Directive √ have elapsed from
2004/18/EC) >= €125 000 the day after the
award/rejection
 service contracts falling under Category 8 Annex letters were sent
IIA and under Annex IIB Directive 2004/18/EC >=
€193 000
Optional under the limit in Directive 2004/18/EC (the

authorising officer may call for supporting documents if
in doubt about the successful tenderer's compliance with
any of the exclusion criteria).
 26 Creation of the LEF (unless already created for a √

previous contract)

forms (where applicable) √
 27
Check supporting documents confirming compliance
with exclusion criteria (compulsory under limit in
Directive 2004/18/EC)
Negotiated procedures without prior publication of a Dispatch of award

 28 contract notice: √ notice to
Publications Office
Entry of the contract award/non-award notice data (direct
Operatio
Tick nal
EEAS/
A2
√ /Delegat
ion
(SIMAP) transmission via

SIMAP) in enough
Publication of contract award/non-award notice in OJ time for
(http://www.ted.europa.eu/) publication to
appear before
Compulsory in the case of: contract is signed
 supply and service contracts (Annex IIA Directive

2004/18/EC) >= €125 000
 service contracts falling under Category 8 Annex

IIA and under Annex IIB Directive 2004/18/EC) >=
€193 000
Compliance with 14 calendar-day standstill period

(standstill procedure) starting the day after the date of
dispatch of the contract and rejection letters (see points
36 and 37); for negotiated procedures without
publication of an award notice (see point 41): 14 √
 29
calendar days from the day after publication of the
award notice in the OJ
Signature of the contract(s) by the authorising officer by

delegation or subdelegation
 30 Dispatch of signed contract(s) to contractor(s) - original √
Entry of the contract award/non-award notice data

(SIMAP)
Publication of contract award/non-award notice in OJ

(http://www.ted.europa.eu/) Dispatch of award
notice to
For negotiated procedures without prior publication of a Publications Office
contract notice =>see point 28 (direct
 31 √ transmission via
Compulsory in the case of: SIMAP) no later
than 48 days after
 supply and service contracts (Annex IIA Directive signature of the
2004/18/EC) >= €125 000 contract

€193 000
Operatio
Tick nal
EEAS/
A2
√ /Delegat
ion
 33 Entry of guarantee data in ABAC Workflow (where √

appropriate)
 34 Archiving of whole file, including original contract, in √

Ex post publication of annual list of contractors for

 35 contracts >= €60 000 and < limits set by directives in √
cases where an award notice was not published
23.4 Checklist for contracts worth more than €60 000 concluded following a restricted procedure
after a CEI
CHECKLIST FOR RESTRICTED PROCEDURES > €60 000 FOLLOWING A CEI
Operation
al
Tick EEAS/
ACTION - Steps of the procedure Division Deadline
A2
/Delegatio
√ n
Preparation of draft tender documents:

financial tender forms)
 1 √
 Draft contract (implementing procedures,
 Draft specific contract (where applicable)
Transmission to Contracts Division for opinion in the

required form.
 2 Validation of tender specification √ 5 to 10

working days
 3 Translation request to DG Translation (where necessary) √ Three weeks+

for the tender documents (via POETRY-Web)
Dispatch of tender documents to candidates on the CEI

The time limit
list (after checking in EWS):
for submitting
bids is 21 days
as from the day
following the
 Tender specification
dispatch of the
tender
 4  Draft contract √ specification
 Draft order form (where applicable) Reduced by 5
days if
 Draft specific contract (where applicable) electronic
access to
 Links to financial identification and legal documents (not
entity forms, and to specimen bank yet effective)
guarantee form, where applicable.

 5 √
Drafting of record (including questions/answers from all
Operation
al
Tick EEAS/
A2
/Delegatio
√ n
participants who were sent the tender documents, where

applicable)
After obtaining prior opinion of Contract Division on

their composition, appointment of the opening board and
evaluation committee (separately or at the same time)

 6 secretariat. The operational division is responsible for √ √

conflicts of interest by board/committee members and
chair.

Opening of technical tenders and drafting of tender

opening record. The first and last pages of each technical
tender and the envelope containing the financial tender √ √
 8
are initialled by all members of the opening board.
Technical evaluation of tenders and opening and

evaluation of financial tenders for qualifying tenders.
 9 √ √
Drafting of the tender evaluation record(s) signed by all
members of the evaluation committee and the chair

 10 required form. Signature by the Head of operational √
division/Delegation and dispatch to the Contracts Division
for opinion
 11 √ 5 to 10
Examination by Contracts Division
working days
If Contracts Division's opinion is positive and after

 12 implementing any recommendations, decision to √
award/not to award contract
 13 Establishment of the budgetary commitment according to √

Operation
al
Tick EEAS/
A2
/Delegatio
√ n

tenderer(s))

signed (at the same time as the letters of rejection) + links The contract
to specimen bank guarantee letter and to the financial may not be
identification and legal entity form(s) (if not requested signed until 14
with bid). calendar days
 15 √ have elapsed
Request to successful tenderer to submit proof of from the day
compliance with exclusion criteria after the
award/rejectio
Optional under the limit in Directive 2004/18/EC (the n letters were
authorising officer may call for supporting documents if sent
in doubt about the successful tenderer's compliance with
any of the exclusion criteria).
Creation of the LEF (unless already created for a √

 16
previous contract)

 17 forms (where applicable) √
Check supporting documents confirming compliance with

exclusion criteria (where applicable)
 18 Dispatch of signed contract(s) to contractor(s) - original √
Entry of guarantee data in ABAC Workflow (where √

 20
appropriate)
Archiving of whole file, including original contract, in √

 21

 22 contracts >= €60 000 and < limits set by directives in cases √
where an award notice was not published
23.5 Checklist for contracts worth more than €60 000 concluded following an open procedure
CHECKLIST FOR OPEN PROCEDURES >= €60 000
Tick Operation
al Division
ACTION EEAS/A2 Deadline
/Delegatio
√ n
A) Pre-information (optional)
Before 31 March N:
If a pre-information
notice containing all
Publication of the pre-information notice in the OJ the information
(after entry of data in SIMAP) – Optional: required in the
contract notice is
 if total value of contracts >= €750 000 sent for publication
in the case of supply/service contracts not less than 52 days
 1 (Annex IIA Directive 2004/18/EC) √ √ and not more than
12 months before the
 if total value >= €4 845 000 in the case date on which the
of works contracts contract notice is
dispatched, the
minimum time limit
for receiving bids
may normally be
reduced to 36 days.
B) Steps of the procedure
Preparation of draft contract notice and tender

documents:
 Draft contract notice

methodology and method of
calculating financial value of tender,
technical and financial tender forms) √
 2
 Draft contract (implementing
procedures, performance checks,
invoicing, payments)

applicable)
Transmission to Contracts Division using model cover

note
Tick Operation
al Division
/Delegatio
√ n
 3 Validation of contract notice and tender specification √ 5 to 10 working days
Translation request to DG Translation (where 2 months should be

 4 necessary) for the tender documents (via POETRY- √ allowed for
Web) translation
Entry of contract notice data (SIMAP) Direct

transmission to Publications Office
Publication of contract notice in OJ

(www.ted.europa.eu)
Publication within 5-
Compulsory in the case of: 10 days of date of
dispatch (max. 12
 5 √
 supply and service contracts (Annex IIA Directive days)
2004/18/EC) >= €125 000

€193 000
 6 Additional publicity, if appropriate. √
After prior opinion of Contract Division on their

composition, appointment of the opening board and
evaluation committee.
The appointment of the members of the board and

committee is generally done by the same letter of
appointment (where the members are the same).
However, it may also be done in separate letters (where
the members are different).
 7 √ √
secretariat.
The operational division is responsible for inviting

outside members to take part.
Signing of the declaration of absence of conflicts of

interest by board/committee members and chair -
compulsory
Tick Operation
al Division
/Delegatio
√ n
The time limit for

Dispatch of tender documents to tenderers who request
submitting bids is 40
them:
days as from the day
following the
dispatch of the
tender specification
 Tender specification
If pre-information
 8  Draft contract √ applies:
 Draft order form (where applicable) time limit for
submission reduced
 Draft specific contract (where to 36 days
applicable)
Reduced by 5 days if
Link to financial identification and legal entity forms, electronic access to
and to bank guarantee form where applicable. documents
Receipt, registration and provisional archiving of

 9 tenders by the operational division/Delegation applying √
filing and archiving procedures
 10 Public opening of tenders (for automatic award √

procedure => prices announced)
Record of opening of tenders drawn up. The first and

last pages of each technical tender and the envelope
containing the financial tender are initialled by the
 11 members of the opening board. √ √
The record is signed by all board members and the

chair.
Evaluation of tenders (selection and exclusion criteria

+ checks in EWS, quality evaluation)
 12 √ √
Opening and evaluation of financial tenders for
qualifying tenders.
 14 Record of evaluation drawn up and signed √ √

 15 required form √
Signature by the Head of the operational
Tick Operation
al Division
/Delegatio
√ n
division/Delegation and transmission of file to the

Contracts Division for opinion
 16 Positive (with or without reservation) or negative √ 5 to 10 working days

opinion by Contracts Division.
If opinion is positive and after implementing any

 17 recommendations made by the Contracts Division, √
decision to award/not to award contract.
 18 Establishment of the budgetary commitment according √

to the financial circuit (direct contracts)

 19 tenderer(s) (at the same time as contract is sent to the √
successful tenderer(s)).

links to specimen bank guarantee letter(s) (and to the
financial identification and legal entity form(s) if not
requested with bid).

compliance with exclusion criteria:
Compulsory under lower limit of Directive 2004/18/EC The contract may

for: not be signed until
14 calendar days
 20 √ have elapsed from
 supply and service contracts (Annex IIA Directive
the day after the
2004/18/EC) >= €125 000
award/rejection
letters were sent
€193 000
Optional under the limit in Directive 2004/18/EC (the

authorising officer may call for supporting documents
if in doubt about the successful tenderer's compliance
with any of the exclusion criteria).
 21 Creation of the LEF (unless already created for a √

previous contract)
 22 Check signed contract(s) on return; check authority of √

Tick Operation
al Division
/Delegatio
√ n
forms (both of the last two documents, where

applicable)
Check supporting documents confirming compliance

with exclusion criteria (compulsory under limit in
Directive 2004/18/EC)
Compliance with 14 calendar-day standstill period

(standstill procedure) starting the day after the date of
dispatch of the contract and rejection letters √
 23
Signature of the contract(s) by the authorising officer
by delegation or subdelegation
 24 Dispatch of signed contract(s) to contractor(s) - √

original
Entry of the contract award/non-award notice data

(SIMAP)
Publication of contract award/non-award notice in OJ

(http://www.ted.europa.eu/)
Dispatch of award
notice to
Compulsory in the case of: Publications Office
 25 √ (direct transmission
 supply and service contracts (Annex IIA Directive via SIMAP) no later
2004/18/EC) >= €125 000 than 48 days after
signature of the
 service contracts falling under Category 8 Annex contract
€193 000
 27 Entry of guarantee data in ABAC Workflow (where √

appropriate)
Archiving of whole file, including original contract, in √

 28

 29 contracts >= €60 000 and < limits set by directives in √
cases where an award notice was not published
23.6 Checklist for the CEI procedure
CHECKLIST FOR THE CEI PROCEDURE
Tick ACTION - Steps of the procedure Operational EEAS/A Deadline

Division 2
/Delegation
√
 1 Preparation of the draft notice of the call for expressions of √

interest and transmission to the Contracts Division under
the standard cover note
 2 Validation of the notice of call for expressions of interest √
 3 Transmission of notice of call for expressions of interest to √ A CEI is

the Publications Office valid for no
more than 3
Publication of the notice of call for expressions of interest years from
in the OJ (www.ted.publications.eu.int) the date of
dispatch of
the notice
referred to in
Art. 119 IP
to the
Publications
Office
 4 Additional publicity, if appropriate √
 5 After obtaining prior opinion of Contract Division on their √ √

composition, appointment of the board/committee for
opening and evaluating applications.
The appointment of the members of the board and committee

is generally done by the same letter of appointment (where
the members are the same). However, it may also be done in
separate letters (where the members are different).

Signing of the declaration of absence of conflicts of

interest by the board/committee members and chair -
compulsory.
 6 Receipt, registration and provisional archiving of √

applications by the operational division/Delegation
applying filing and archiving procedures
 7 Opening of applications (chair) and drafting of record of √ √

opening of applications (secretariat).
Division 2
/Delegation
√
First and last page of each application are initialled by all

members of the opening board.
Applications should be opened at regular intervals

according as applications arrive over the CEI's period of
validity.
 8 Evaluation of applications including checks in the EWS. √
Evaluation takes place after each application opening

session.
 10 Record of evaluation of applications signed by all √ √

committee members and the chair. A record of the
evaluation should be drawn up after each evaluation
session.
 11 Decision on the pre-selection of suitable candidates to take √

part in contracts in accordance with the CEI criteria
 12 Dispatch of letters of rejection to unsuccessful candidates √

(on same date as acceptance letters are sent to successful
candidates – equal treatment)
 13 Dispatch of letters of acceptance to successful candidates √

(on same date as rejection letters are sent to unsuccessful
candidates – equal treatment)
 14 Dispatch of the list of pre-selected candidates (the 'CEI √

list') to the Contracts Division for opinion.
15 Positive (with or without reserves) or negative opinion √ 5 to 10

working days
If opinion is positive, the CEI is valid for no more than 3
years from the date of dispatch of the notice referred to
in Art. 119 IR to the Publications Office
Any interested person may lodge an application to be

included on the CEI list at any time during its period of
validity, except for the last three months.
The list of pre-selected candidates from the CEI has the

same period of validity as the CEI itself.
Division 2
/Delegation
√
 16 Archiving of the whole dossier in accordance with current √

archive rules – following expiry of the CEI
Note: During the period of validity of the CEI (other than the last three months),
the procedure is as described from point 6 of this checklist onwards for each
application received.
24 Presentation of a contract award report to the Contracts Division
MODEL FOR PRESENTATION TO THE EEAS/A2 CONTRACTS DIVISION
OF A CONTRACT AWARD REPORT FOLLOWING A CALL FOR TENDERS
(OR NEGOTIATED PROCEDURE EXCEPT FOR BUILDING DOSSIERS) FOR
CONTRACTS OF A VALUE OF €60 000 OR MORE
Preliminary remarks
1. The report must be presented in a way that makes it as easy as possible to read
(pages must be numbered and sections separated by dividers); once signed by
the authorising officer, it must be sent to the EEAS-
CONTRACTS.PROCUREMENT@eeas.europa.eu functional mailbox together with all
relevant annexes.
2. The author of the report should ensure that it is easy to read and contains all the
relevant information to help the reader reach a rapid conclusion on the choice
and form of procedure. Accurate and detailed information should be given on
the scoring system used by evaluation committee members for tenders and, more
generally, on the reasons for their choice, especially when the best-value-for-
money principle is applied.
3. The report as such is a reference document for the authorising officer who must
be able to account for and justify the different stages of the call for tenders or of
the negotiation of a contract. Some of the information in the report may appear
redundant given the involvement of EEAS/A2 in the various stages of the
procedure, but the inclusion of this information in the report is necessary to
ensure its completeness and consistency. Authors should bear in mind the need
for consistency with the information in reference documents even if it has
already been validated by EEAS/A2.
4. If EEAS/A2 has made recommendations or suggestions or requested corrections

in the tender documents during consultations held in the course of the procedure,
the report should give reasons for failing to take any such recommendations or
requests into account.
5. A positive opinion by the Contracts Division does not constitute permission to

sign the contract. It may not in fact be signed until
 a formal decision to award the contract has been drawn up and signed by the
authorising officer;
 the deadline for notifying candidates of the result of the procedure has
passed without any objections from them; and
 the budgetary commitment required to cover the cost of the contract has been
authorised (except in the case of a framework contract).
6. The procurement procedure is complete once the signed contract has been
entered in ABAC Contracts and the award notice has been published (by
EEAS/A2).
7. If no contract is awarded, the procurement procedure must be closed by

publishing a contract non-award notice. The negotiated procedure used when a
tender procedure fails (in the cases listed in Articles 126(1)(a) and 127(1)(a) of
the Financial Regulation implementing rules) is not applicable unless the tender
procedure has been formally closed through publication of this notice.
EUROPEAN EXTERNAL ACTION SERVICE
CONTRACT AWARD REPORT
Title (subject of the contract):
Reference No240:
I. ORIGIN OF PROPOSAL
Competent department: ____________________________________________
- Official responsible: ________________________________________
- Official handling file: _____________________________________
- Tel: _________________
- E-mail: ______________
II. NATURE OF THE CONTRACT
II.1 Type of contract
Services Supplies Works
Annex IIB
Direct contract Framework contract
II. 2 Start- and end-date of contract and/or period of execution:
240
The reference number is the number assigned by EEAS/A2 at the first consultation stage (request to publish a
contract notice).
II.3 Place of performance (consultancy contracts must clearly indicate whether the contract will be
performed inside or outside the beneficiary department):
II.4 Associated departments:
EEAS/A2 (Contracts Division)
Other (if necessary, attach a copy of any correspondence referring to the associated department and giving
the name of any associated member(s) of staff ):
II.5 Consultants:
The report should include the following annexes: the consultant's CV, proof of self-employed status, proof of social
security cover, VAT number and, if applicable, proof of special tax status and their 'external staff' form.
Contract extensions and addendums to existing contracts: the original contract, any previous contract or addendum
and the previous opinion of the Contracts Division must be attached as well as the above.
If the consultant has already provided at least three years' service, the exemption must be attached.
III. JUSTIFICATION OF THE CONTRACT
III.1 Origin of the action:

Indicate here whether it is, for example, an action resulting from:
- an act of the Council of the European Union;
- an act of the Commission;
- an act of the EEAS;
- an act of the European Parliament;
- the continuation of a previous action;
- administrative management activity associated with:
 the work
 the supplies
 the services
 any other area
III.2 Objective of the action:

Brief description of the objectives (a few paragraphs)
III.3 Previous contracts relating to the action (if any):

Give the name of the contractor(s):
- If an existing contract is being replaced or renewed;

- If preparations for the action have necessitated other contracts (consultants, architects, etc.)
Indicate the value of these contracts:
IV PROSPECTING THE MARKET
IV.1 Procedure:
Open Restricted Negotiated
Competitive dialogue Dynamic purchasing
Number and type of lots, if any:
Lot 1:_____
Lot 2:_____
……………
IV.2 Publicity
If a notice was published in the OJ S series, give the number and date of publication241.
Describe any other means of publicity:
If the procurement procedure involved using a list drawn up following a call for
expressions of interest, include the following:
- the date of publication of the notice of the call for expressions of interest in the OJ,
- the period of validity of the list (no more than three years from the date of dispatch of the notice);
- the number of firms on the list;
- the subjects covered by the call for expressions of interest;
- if part of the list is used, the criteria used for the selection of the firms consulted and the number of such
firms242.
IV.3 Key dates
For open procedures, indicate:

- the closing date for receiving tenders:
- the number of days between the date of sending the notice to the Publication Office and the closing date
for receiving tenders:
- the number of requests for the tender specification:
For restricted procedures, indicate:

- the closing date for submitting tenders (unless a CEI list was used):
for receiving tenders (except CEI):
- the number of applications received (ditto):
- the number of candidates selected on the basis of the selection criteria announced:
- the number of days between the date of sending the tender specification to applicants and the closing
date for receiving tenders:
- whether applicants are included on a CEI list:
241 The published notice should be in the annexes to the report.

242 The list of firms consulted, the specifications required and the letter of invitation to tender must be attached to the
report.
For negotiated procedures, indicate:
- the grounds (including references to the relevant Article and paragraph in the FR IR:
- the dates of meetings with applicants:
- the deadline for receiving bids:
For competitive dialogues, indicate:
- the closing date for applications:

for receiving applications:
- the number of applications received:
- the number of candidates selected on the basis of the selection criteria announced:
- the dates of meetings with candidates for the dialogue:
- the end-date of the dialogue:
- the deadline for receiving tenders:
For dynamic purchasing, indicate:
- the closing date for receiving indicative tenders:

for receiving tenders:
- the number of indicative tenders received:
- the number of tenderers allowed to submit:
- the closing date for submitting tenders:
- the number of tenders received:
- the electronic means used for receiving tenders:
V. SELECTION OF TENDERERS AND AWARD OF THE CONTRACT
Great importance should be attached to this part of the report which must give a clear
description of the procedure followed at each stage.
V.1 Date of opening tenders (N.B.: attach the tender opening report):
Number of tenders received:

 admissible tenders
 inadmissible tenders
v.2 Selection of candidates or tenderers:
- Indicate the selection criteria used during the procedure:

- At this stage of the report, a table indicating the results of the evaluation of the
selection criteria must be attached:
Comparative table of the evaluation criteria for selecting candidates (restricted

procedures or negotiated procedures with publication of a notice) or for tenderers
(open procedures)
The comparative table should be confined to the selection criteria indicated in the notice published in the
OJ S series and the results of the evaluation of the selection criteria by the committee for each candidate
or tenderer.
A comparative table should also be included where the authorising department uses a CEI list. In this case
it should indicate the criteria used to select the candidates for inclusion on the list and the result of their
request.
V. 3 Evaluation of tenders:
- Indicate the award criteria used in the procedure:

- Note that the published award criteria:
 must not be changed during the procedure;
 must not be weighted or biased in any way contrary to the Directive;
 must not be confused with the selection criteria.
- A table showing the evaluation of tenders by criterion must be attached.
Comparative table of tenders (all cases except negotiated procedures without publication of a
notice)
The comparative table should be confined to the award criteria listed in the notice published in the OJ S series
and/or the tender specification and should indicate in respect of each tender declared admissible how the various
criteria have been evaluated in order to give the Contracts Division a clear and exhaustive overview of the different
prices quoted by tenderers and to justify the evaluation committee's choice of tenderer.
V.4 Award of the contract
Brief description justifying the AOSD's decision based on the evaluation committee's
proposal.
N.B.: The authorising officer must sign a contract award decision. The draft decision (not signed by
the authorising officer) must be attached.
V.5 Proposed tenderer(s) (NB.: Indicate the tenderers lot by lot if necessary. For 'cascade' framework
contracts, indicate the order of award):
- Name:
- Company name:
- Legal status:
- Address:
- LEF:
- BAF:
VI. TOTAL VALUE OF CONTRACT
VI.1 Total cost:
Total cost in EUR243 (no revision):

Where applicable Total cost in EUR (estimate after revision):
Cost of contract in local currency without/after revision (where applicable):
(If applicable)
 Annual cost:
 Monthly cost:
VI.2 Cost breakdown:
(If applicable):
Table showing components of the total cost.
VI.3 Means of payment

- Lump sums;
- Monthly or periodic payments;
- Prefinancing payments;
- Cost-plus (payment on presentation of supporting documents: invoices of fees, travel/subsistence expenses,
etc.)
- Other cases
VI.4 Budget line and year against which the commitment is charged
(If applicable):
Table showing the different lines, percentages and a breakdown by year concerned.
243
If the contract was concluded in local currency, say why the euro was not used. Indicate if price revision is
anticipated.
VI.5 Information on cofinancing where applicable:
Lead body:
- Contribution of EEAS/Union as a %
- Names and % contributions of other partners
VI.6 Budgetary impact
For recurrent/repetitive actions, indicate:
- Additional annual budget requirements:

- Is the additional budget already programmed or will a replenishment request be
necessary?
New actions:
- Annual budget requirements:

- Is the budget already programmed or will a specific request be necessary?
VII CONTRACT DATA
Indicate briefly the following contract data:
VII.1 Type of contract

(Standard EEAS: services, supplies, works, or other non-standard contract)
VII.2 Non-standard EEAS contracts
- Reason why a standard EEAS contract cannot be used:

- If applicable, legal opinion concerning contract used:
- Significant changes to standard contract:
VII.3 Special contract provisions:
- Duration:
- Renewal:
- Contract currency:
- Payment currency:
- Bank guarantees:
- Revision clause:
- LEF:
- BAF:
VIII CONCLUSIONS
(this section should read as follows):
‘In view of the above, the Contracts Division is asked to give a favourable opinion
on the conclusion of a (framework) (supply, works, study, consultancy, services) contract with
… (name, company name, address) for a period of … (months, years, dates, etc.).
The total amount of the contract (including travel/subsistence expenses, mission expenses and
any allowances for price revision) is: EUR (amount)’.
IX DATE AND SIGNATURE OF AUTHORISING OFFICER BY DELEGATION OR

SUBDELEGATION
Done at …………., [date]
(Signature)
X ANNEXES TO THE REPORT
1. Annex 1 – Tender documents and any publications (pre-information notice, contract

notice, notice of call for expressions of interest and any corrigenda to them)
2. Annex 2 – List of operators consulted

For open procedures, this list must include all operators that requested the tender
specification. For restricted procedures, the list must include all operators that were
consulted.
3. Annex 3 – Appointment of the opening board and evaluation committee, opening and
evaluation reports of tenders and applications
4. Annex 4 – Copies of correspondence between the contracting authority and

tenderers (requests for clarification, etc.)
4. Annex 4 – Tenders received

The report must be accompanied by copies of the tenders received. If they are too large,
only the main parts required for understanding the process need be sent.
5. Annex 5 – to be attached for study and consultancy contracts

(CV, proof of self-employed status, proof of social security cover, VAT number and, if
applicable, proof of special tax status and the 'external staff' form)
6. Annex 6 – Any previous contracts and addendums plus previous opinions of the
Contracts Division
.
7. Annex 7 – Draft award decision (not signed by the authorising officer) and draft
future contract
The draft contract to be concluded with the successful tenderer must be attached to the
report. This will allow the Contracts Division to check whether the contract complies
with the tender documents, in particular the tender specification, the general conditions
(which do not have to be attached) and the special conditions laid down in the invitation
to tender.
8. Annex 8 – Any other relevant document that would be useful for the understanding of
the process
Preliminary remarks

En Prog Vol2 PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

En Prog Vol2 PDF

Uploaded by

Copyright:

Available Formats

VOLUME 2

Guide to public procurement procedures for contracts concluded

Version 1.01 (May 2011)

2. Contract notice ....................................................................................................................... 12

3. Letter of invitation to tender ................................................................................................... 25

4. Tender specification ............................................................................................................... 30

6. Declaration of absence of conflict of interest and of confidentiality ...................................... 37

8. Record of opening of tenders ................................................................................................. 43

9. Tender evaluation report ........................................................................................................ 46

10. Award decision .................................................................................................................... 54

11. Contract award notice........................................................................................................... 57

12. Information letter to the successful tenderer ....................................................................... 66

13. Information letter to the unsuccessful tenderer .................................................................... 70

14. Information letter in the event of cancellation ...................................................................... 73

15. Direct service contract .......................................................................................................... 75

16. Direct supply contract ........................................................................................................ 100

17. Direct works contract (currently being prepared) ............................................................... 124

18. Framework service contract ............................................................................................... 125

19. Framework supply contract ................................................................................................ 155

20. Framework works contract (currently being prepared) ....................................................... 181

21. Specimen addendum .......................................................................................................... 182

22. Model guarantee letters .................................................................................................. 187

22.1 Model prefinancing guarantee letter ............................................................................ 188

22.2 Model performance guarantee letter ............................................................................ 192

23 Contract procedures checklists ............................................................................................ 196

23.6 Checklist for the CEI procedure ................................................................................... 223

24 Presentation of a contract award report to the Contracts Division ....................................... 226

Subject: - Contract title, mentioning lots where appropriate

3. Where submission is by letter, tenderers may choose:

b) or to deliver tenders by hand to the following address:

(For practical reasons, if the contract is to be awarded on a best-value-for-money basis, it is

6. Tenders must be:

Before the final date for submission of tenders:

After the opening of tenders

 If clarification is requested or if obvious clerical errors in the tender need to be

- Commission Regulation 1302/2008 of 17 December 2008 on the Central Exclusion

Date and signature2,

[Restricted] [Open] INVITATION TO TENDER No […]

[subject of the invitation to tender]

3. Subject of the contract

5. Technical specifications and standards

a) Prices must be:

b) The tender must indicate:

 the deadline for delivery, performance, etc.;

c) Tenders must be accompanied by:

 for example [the technical specifications of the equipment proposed];

 for example [the certificates delivered by the manufacturers (conformity certification)

d) The tender must be signed and dated.

Submission of a tender implies that the tenderer:

 waives its own terms and conditions.

i) The price schedule, duly completed;

ii) for example [A description of the planned maintenance service …];

v) Any certificates required.

vi) Where appropriate, a description of the specific organisational measures and

7. Award criteria and non-compliance of tenders

8. Specific contract implementation procedures

8.1 Preliminary meeting, preparatory visit

8.2 Implementation reports: documents and certificates of conformity

8.4 Performance requirements

8.6 Price revision

8.7 Place of delivery and transport

8.8 Implementation period

8.12 Terms of payment