Invitation to Tender
Contract Award Notice
Having looked at the Contract available online, there are a few Articles that we would need to clarify / negotiate on.
The general conditions of the contract (part II) cannot be changed. It is used by every organisation of the European Union for all of their contracts; therefore, we regret not being in a position to change it.
Article 1.7: Please clarify “Union law”. We suggest that the Contract is expressed to be governed by Swedish law.
It is the law of the European Union, i.e. the founding treaties of the European Union and law deriving therefrom, i.e. Regulations, Directives, Decisions.
It is already prescribed in Article I.7.1 of the model contract, that Swedish law will apply, as mentioned in the model contract, ‘where necessary’.
Article II.4.1 Pre-financing: Please confirm that we would not be required to provide a financial guarantee/bank guarantee.
In case a pre-financing is requested (see 2.3.6 in the tender specifications), ECDC may ask for a financial guarantee.