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"content": "= FRONTEX Ei\n\nEUROPEAN BORDER AND COAST GUARD AGENCY\n\nFRAMEWORK CONTRACT FOR SERVICES\n\nNUMBER — Frontex/OP/76/2019/MS\n\n1. European Border and Coast Guard Agency, Plac Europejski 6, 00-844 Warsaw, Poland, NIP:1132575531,\n(further referred to as “Frontex’ or \"Contracting Authority\"), which is represented for the purposes of the\n\nof the one part and\n\n2. GTC AMG sp. z 0.0., with registered office at ul. Rolna 1554, 02-729 Warsaw, Poland, entered in the register\n\nof entrepreneurs under the KRS no. 0000141779, Taxpayer Identification No. (NIP):1180114897, REGON:\n011675790, represented for the purposes of the signature of this framework contract by\n\npower of attorney dated 26/07/2019 attached,\n\non the other part,",
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"content": "= FRONTEX Ei\n\nEUROPEAN BORDER AND COAST GUARD AGENCY\n\nHAVE AGREED\n\nto the special conditions, the general conditions for framework contracts for services and the following\nannexes!\n\nAnnex I - Terms of reference Frontex/OP/76/2019/MS\nAnnex II - Contractor’s tender of 26/07/2019 together with the clarification received on 22/08/2019\nAnnex Ill - Specific order template\n\nwhich form an integral part of this framework contract (‘the FWC').\nThis FWC sets out:\n1. the procedure by which the contracting authority may order services from the contractor;\n\n2. the provisions that apply to any specific contract which the contracting authority and the contractor\nmay conclude under this FWC; and\n\n3. the obligations of the parties during and after the duration of this FWC.\n\nAll documents issued by the contractor (end-user agreements, general terms and conditions, etc.) except its\ntender are held inapplicable, unless explicitiy mentioned in the special conditions of this FWC. In all\ncircumstances, in the event of contradiction between this FWC and documents issued by the contractor, this\nFWC prevails, regardless of any provision to the contrary in the contractor's documents.",
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"content": "Contract number: Frontex/OP/76/2019/MS\n\nIl. SPECIAL CONDITIONS\n\n1.1. ORDER OF PRIORITY OF PROVISIONS\n\nIf there is any conflict between different provisions in this FWC, the following rules must be applied:\n\n(a) The provisions set out in the special conditions take precedence over those in the other parts of the\nFWC.\n\n(b) The provisions set out in the general conditions take precedence over those in the order form and\nspecific contract (Annex Ill)\n\n(c) The provisions set out in the order form and specific contract (Annex Ill) take precedence over those in\nthe other annexes.\n\n(d) The provisions set out in the terms of reference (Annex |) take precedence over those in the tender\n(Annex Il).\n\n(e) The provisions set out in the FWC take precedence over those in the specific contracts.\n(f) [The provisions set out in the specific contracts take precedence over those in the requests for services.\n(g) The provisions set out in the requests for services take precedence over those in the specific tenders. ]\n\nAny reference to specific contracts applies also to order forms.\n1.2. SUBJECT MATTER\nThe subject matter of the FWC is provision of interpretation services as defined in Annex | Terms of reference.\n1.3. ENTRY INTO FORCE AND DURATION OF THE FWC\n\n13,1 The FWC enters into force on the date on which it is signed by the last contracting party.\n\n1.3.2 The implementation of the FWC cannot start before its entry into force,\n\n1.3.3 The FWE is concluded for a period of 12 months with effect from the date of its entry into force.\n1.3.4 The parties must sign any order form before the FWC expires.\n\nThe FWC continues to apply to such orders after its expiry. The services relating to such specific orders\nmust be performed no later than six months after the expiry of the FWC.\n\n1.3.5 Renewal of the FWC\n\nThe FWC is renewed automatically three times for 12 months each, unless one of the parties receives formal\nnotification to the contrary at least three months before the end of the ongoing duration. Renewal does not\nchange or postpone any existing obligations.\n\n1.4. APPOINTMENT OF THE CONTRACTOR AND IMPLEMENTATION OF THE FWC\n\n1.4.1 Appointment of the contractor\nThe contracting authority appoints the contractor for a single FWC,\n1.4.2 Period of provision of the services\n\nThe period for the provision of the services starts to run from the date on which the specific contract is signed\nby the last party unless otherwise indicated in the specific order.",
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"content": "1.4.3 Implementation of single FWC\n\nThe contracting authority orders services by sending the contractor a specific order by e-mail.\n\nWithin five working days, the contractor must either:\n\n- send the specific order back to the contracting authority signed and dated; or\n\n- send an explanation of why it cannot accept the order.\n\nif the contractor repeatediy refuses io sign ihe specific orders or repeatedty fails to send them back on time,\n\nL\nthe contractor may be considered in breach of its obligations under this FWC as set out in Article 11.18.1 (c).\n\n1.5. PRICES\n\n1.5.1 Maximum amount of the FWC and maximum prices\n\nThe maximum amount covering all purchases under this FWC including all renewals is 700 000 EUR (seven hundred\nthousand euro). However, this does not bind the contracting authority to purchase for the maximum amount.\n\nFrontex reserves the right to conduct exceptional negotiated procedure based on Point 11 e) of Annex 1 to the\nFinancial Regulation to increase the ceiling, if such a need occurs.\n\nThe prices of the services are as listed in Annex Il.\n1.5.2 Price revision index\nPrice revision is determined by the formula set out in Article I1.20 and using the trend in the harmonised indices\n\nof consumer prices (HICP) European index of consumer prices (EICP) published for the first time in Eurostat’s\nmonthly ‘Data in Focus’ publication available on the website: http://www.ec.europa.eu/eurostat/\n\n \n\n1.5.3 Reimbursement of expenses\n\nThe contracting authority must reimburse the following in accordance with Article 11.22: travel and\naccommodation expenses according to Appendix 3 to the Terms of reference;\n\nThe total value of expenses may not exceed 50 000 EUR (fifty thousand euro) throughout the duration of the FWC\nincluding renewals. This amount may be amended by written agreement between parties.\n\n1.6. PAYMENT ARRANGEMENTS\n\n1.6.1 Pre-financing\n\nFollowing signature of the Specific order by the last party and its receipt by the contracting authority, in case\nthe value of the order form exceeds 30 000 EUR, the Contractor may claim a pre-financing payment of 30% of\nthe total amount payable under the Specific order.\n\nThe Contractor must send to Frontex an invoice in electronic format (pdf) to the address:\nEEE for the pre-financing payment.\n\nThe contracting authority must pay the pre-financing within 30 days of receiving the invoice. The contracting\nauthority may refuse to make payments where the performance of the Order prove to have been subject to\nsubstantial errors, irregularities or fraud attributable to the Contractor.\n\n1.6.2 Interim payment\n\nInterim payment is not applicable to this FWC.\n\n1.6.3 Payment of the balance\n\n1. The contractor (or leader in the case of a joint tender) may claim the payment of the balance for the services\nperformed as defined in article 11.21.6.\n\nThe contractor (or leader in the case of a joint tender) must send an invoice in electronic format (pdf) to the\naddress: invoices@frontex.europa.eu for payment due under a specific order under the condition that the\n\n/\n\nM",
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"content": "Contract number: Frontex/OP/76/2019/MS\n\nservices were approved by Frontex and all supporting documents are in line with the Terms of reference, The\ninvoice must indicate the Contract and specific order number including FRO number.\n\n2. The contracting authority must approve the submitted documents or deliverables and pay within 30 days from\nreceipt of the invoice.\n\n3. If the contracting authority has observations to make, it must send them to the contractor (or leader in the\ncase of a joint tender) and suspend the time limit for payment in accordance with Article 11.21.7.\n\nThe contractor (or leader in the case of a joint tender) has ten days to submit additional information or\ncorrections or a new version of the documents if the contracting authority requires it.\n\n4. The contracting authority must give its approval and pay within the remainder of the time-Limit indicated in\npoint (2.) unless it rejects partially or fully the submitted documents or deliverables.\n\n1.6.4 Performance guarantee\nPerformance guarantee is not applicable to this FWC.\n1.6.5 Retention money guarantee\n\nRetention money guarantee is not applicable to this FWC.\n1.7 BANK ACCOUNT\n\nPayments must be made to the contractor’s bank account denominated in EUR identified as follows:\n\n \n\nChange of the above bank account requires notification to be conducted in line with article 1.8 Communication\nDetails.\n\n1.8 COMMUNICATION DETAILS\n\n1.8.1 For the purpose of this FWC, communications must be sent to the following addresses:\n\nContracting authority:\n\n \n\nContractor (or leader in the case of a joint tender):;",
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"content": "1.8.2 By derogation from this Article, different contact details for the contracting authority or the contractor\nmay be provided in specific orders.\n\n1.8.3 Change of the Contact details require an e-mail notification only.\n\n1.9 DATA CONTROLLER\n\n19,1 Processing of personal data by the contracting authority\nFor the purpose of Article 11.9.1,\n\n(a) the data controller is Head of Budget, Finance and Corporate Services Unit;\n(b) the data protection notice is available at https://ec.europa.eu/info/data-protection-public-\nprocurement-procedures_en.\n\n \n\n1.9.2 Processing of personal data by the contractor\nFor the purpose of Article 11.9.2,\n\n(a) the subject matter and purpose of the processing of personal data by the contractor are e-mail addresses\nof subscribers of online publications and tools;\n\n(b) The localisation of and access to the personal data processed by the contractor shall comply with the\nfollowing:\n\nl the personal data shall only be processed within the territory of the European Union and the European\nEconomic Area and will not leave that territory;\n\nii; the data shall only be held in data centres located with the territory of the European Union and the\nEuropean Economic Area;\n\niii. no access shall be given to such data outside of the European Union and the European Economic Area\n[access to data may be given on a need to know basis only to authorised persons established in a\ncountry which has been recognised by the European Commission as providing adequate protection to\npersonal data];\n\niv, the contractor may not change the location of data processing without the prior written authorisation\nof the contracting authority;\nV. any transfer of personal data under the FWC to third countries or international organisations shall fully\n\ncomply with the requirements laid down in Chapter V of Regulation (EU)2018/1725'.\n1.10 EXPLOITATION OF THE RESULTS OF THE FWC\n\n1.10,1 Detailed list of modes of exploitation of the results\nIn accordance with Article 11.13.1 whereby the Union acquires ownership of the results as defined in this FWC,\nincluding the tender specifications, these results may be used for any of the following modes of exploitation:\n\n(a) use for its own purposes:\n® making available to the staff of the contracting authority;\n\n® making available to the persons and entities working for the contracting authority or cooperating with\nit, including contractors, subcontractors whether legat or natural persons, Union institutions, agencies\nand bodies, Member States’ institutions;\n\n® installing, uploading, processing;\n\n®@ arranging, compiling, combining, retrieving;\n\n' Regulation (EU) 2018/1725 of 23 October 2018 on the protection of natural persons with regard to the\nprocessing of personal data by the Union institutions, bodies, offices and agencies and on the free movement\nof such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, OJ L 295/39,\n21.11.2018, https: //eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018R1725&from=EN",
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"content": "Contract number: Frontex/OP/76/2019/MS\n\n® copying, reproducing in whole or in part and in unlimited number of copies.]\n\n[(b) distribution to the public in hard copies, in electronic or digital format, on the internet including social\nnetworks as a downloadable or non-downloadable file;]\n\n[(e) communication through press information services;]\n\n[(d) inclusion in widely accessible databases or indexes, such as via ‘open access’ or ‘open data’ portals, or\n\nsimilar repositories, whether freely accessible or accessible only upon subscription;]\n\n[(e) modifications by the contracting authority or by a third party in the name of the contracting authority,\nincluding:\n\n® _shortening;\n® summarising;\n® modifying the content, the dimensions;\n\n© making technical changes to the content (necessary correction of technical errors), adding new parts or\nfunctionalities, changing functionalities, providing third parties with additional information concerning\nthe result (e.g. source code) with a view to making modifications;\n\n© addition of new elements, paragraphs, titles, leads, bolds, legend, table of content, summary, graphics,\nsubtitles, sound;\n\n® addition of metadata, for text and data-mining purposes; addition of right-management information;\naddition of technological protection measures;\n\n® preparation in audio form, preparation as a presentation, animation, pictograms story, slide-show,\npublic presentation;\n\n® extracting a part or dividing into parts;\n\n® translating, inserting subtitles, dubbing in different language versions:\n- English, French, German;\n- all official languages of EU;\n- languages used within EU;\n- languages of candidate countries;\n- [list or name other languages]. ]\n\n(f) rights to authorise, license, or sub-license in case of licensed pre-existing rights, the modes of\nexploitation set out in any of the points (a) to (e) to third parties. 8\n\n(g) other adaptations which the parties may later agree; in such case, the following rules apply: the contracting\nauthority must consult the contractor. If necessary, the contractor must in turn seek the agreement of any\ncreator or other right holder and must reply to the contracting authority within one month by providing its\nagreement, including any suggestions of modifications, free of charge, The contractor may refuse the intended\nmodification only if a creator can demonstrate that the intended modification may harm his/her honour or\nreputation, thereby violating his/her moral rights,\n\nThe modes of exploitation may be defined in more details in the specific contract.\n\n1.10.2 Licence or transfer of pre-existing rights\n\nAll pre-existing rights incorporated in the results, if any, are licensed to the Union as set out in Article I1.13.2.\n1.10.3 Provision of list of pre-existing rights and documentary evidence\n\nThe contractor must provide the contracting authority with a list of pre-existing rights as set out in Article 11.13.4\ntogether with the invoice for payment of the balance at the latest.",
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"content": "1.11 TERMINATION BY EITHER PARTY\n\nEither party may terminate the FWC and/or the FWC and specific contracts by sending formal notification to the\nother party with three months written notice.\n\nIf the FWC or a specific contract is terminated:\n(a) neither party is entitled to compensation;\n\nh un m unpbanie nntitlar en auman nl r tb en ; we ; ; >\n(b) the contractor is entitled to payment only for the services provided before termination takes effect.\n\nThe second, third and fourth paragraphs of Article 11.18.4 apply.\n\n1.12 APPLICABLE LAW AND SETTLEMENT OF DISPUTES\n\n1.12.1 The FWC is governed by Union law, complemented, where necessary, by the law of Poland.\n\n1.12.2 The courts of Poland have exclusive jurisdiction over any dispute regarding the interpretation,\napplication or validity of the FWC.\n\n1.13 SERVICE PROVIDED ON THE PREMISES OF THE CONTRACTING AUTHORITY\n\nIf necessary for performance of a specific contract, the contracting authority may give the personnel of the\ncontractor access to its premises by means of an access card. The access card remains the property of Frontex\nand must be returned upon request, upon expiry or in cases where the application conditions are no longer met.\n\nIf the access card is not returned on the day it expires, the contracting authority may claim liquidated damages\nof 100 EUR for each day of delay up to a maximum of EUR 1000. This represents a reasonable estimate of fair\ncompensation for the damage incurred.\n\nSIGNATURES\n\nFor the contractor,\n\nSignature: _\n\n \n\nDone at Warsaw, date: Done at Warsaw, date? n SEP 2019\n\nIn duplicate in English.",
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"content": "Contract number: Frontex/OP/76/2019/MS\n\nIl. GENERAL CONDITIONS FOR THE FRAMEWORK CONTRACT FOR SERVICES\n\n11.1 DEFINITIONS\n\nFor the purpose of this FWC, the following definitions (indicated in italics in the text) apply:\n‘Back office’: the internal system(s) used by the parties to process electronic invoices;\n\n‘Confidential information or document’: any information or document received by either party from the other\nor accessed by either party in the context of the implementation of the FWC, that any of the parties has\nidentified in writing as confidential. It may not include information that is publicly available;\n\n‘Conflict of interest’: a situation where the impartial and objective implementation of the FWC by the\ncontractor is compromised for reasons involving family, emotional life, political or national affinity, economic\ninterest, or any other shared interest with the contracting authority or any third party related to the subject\nmatter of the FWC;\n\n‘Creator’: means any natural person who contributes to the production of the result;\n\n“EDI message’ (electronic data interchange): a message created and exchanged through the electronic transfer,\nfrom computer to computer, of commercial and administrative data using an agreed standard;\n\n‘e-PRIOR’: the service-oriented communication platform that provides a series of web services and allows the\nexchange of standardised electronic messages and documents between the parties. This is done either through\nweb services, with a machine-to-machine connection between the parties’ back office systems (EDI messages),\nor through a web application (the supplier portal). The Platform may be used to exchange electronic documents\n(e-documents) such as electronic requests for services, electronic specific contracts, electronic acceptance of\nservices and electronic invoices between the parties. Technical specifications (i.e. the interface control\ndocument), details on access and user manuals are available at the following website:\nhttp://ec.europa.eu/dgs/informatics/supplier_portal/documentation/documentation_: en.htm\n\n‘Force majeure’: any unforeseeable, exceptional situation or event beyond the control of the parties that\nprevents either of them from fulfilling any of their obligations under the FWC. The situation or event must not\nbe attributable to error or negligence on the part of the parties or on the part of the subcontractors and must\nprove to be inevitable despite their exercising due diligence. Defaults of service, defects in equipment or\nmaterial or delays in making them available, labour disputes, strikes and financial difficulties may not be invoked\nas force majeure, unless they stem directly from a relevant case of force majeure;\n\n‘Formal notification’ (or ‘formally notify’): form of communication between the parties made in writing by mail\nor email, which provides the sender with compelling evidence that the message was delivered to the specified\n\nrecipient;\n\n‘Fraud’: any intentional act or omission affecting the Union’s financial interests relating to the use or\npresentation of false, incorrect or incomplete statements or documents or to non-disclosure of information in\nviolation of a specific obligation;\n\n‘Implementation of the FWC’: the purchase of services envisaged in the FWC through the signature and\nperformance of specific contracts;\n\n“Interface control document’: the guideline document which lays down the technical specifications, message\nstandards, security standards, checks of syntax and semantics, etc. to facilitate machine-to-machine connection.\nThis document is updated on a regular basis;\n\n“Irregularity’: any infringement of a provision of Union law resulting from an act or omission by an economic\noperator, which has, or would have, the effect of prejudicing the Union’s budget.\n\n‘Notification’ (or ‘notify’): form of communication between the parties made in writing including by electronic\nmeans;\n\n‘Order form’: a simplified form of specific contract by which the contracting authority orders services under this\nFWC;\n\n‘Performance of a specific contract’: the execution of tasks and delivery of the purchased services by the\ncontractor to the contracting authority;",
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"content": "‘Personnel’; persons employed directly or indirectly or contracted by the contractor to implement the FWC;\n\n‘Pre-existing material’: any material, document, technology or know-how which exists prior to the contractor\nusing it for the production of a result in the implementation of the FWC;\n\n‘Pre-existing right’: any industrial and intellectual property right on pre-existing material; it may consist in a\nright of ownership, a licence right and/or right of use belonging to the contractor, the creator, the contracting\nauthority as well as to any other third parties;\n\n\"Professional conflicting interest’: a situation in which the contractor’s previous or ongoing professional\nactivities affect its capacity to implement the FWC or to perform a specific contract to an appropriate quality\nstandard.\n\n‘Related person’: any person who has the power Lo represent Ihe conliaclor ur Lu Lake Jecisions on its behalf,\n\n‘Request for services’: a document from the contracting authority requesting that the contractors in a multiple\nFWC provide a specific tender for services whose terms are not entirely defined under the FWC;\n\n‘Result’: any intended outcome of the implementation of the FWC, whatever its form or nature, which is\ndelivered and finally or partially approved by the contracting authority. A result may be further defined in this\nFWC as a deliverable. A result may, in addition to materials produced by the contractor or at its request, also\ninclude pre-existing materials;\n\n‘Specific contract’: a contract implementing the FWC and specifying details of a service to be provided;\n\n‘Substantial error’: any infringement of a contract provision resulting from an act or omission, which causes or\nmight cause a loss to the Union’s budget.\n\n‘Supplier portal’: the e-PRIOR portal, which allows the contractor to exchange electronic business documents,\nsuch as invoices, through a graphical user interface; its main features can be found in the supplier portal overview\ndocument available on:\n\nhttp://ec.europa.eu/dgs/informatics/supplier_portal/doc/um_ supplier_portal overview.pdf\n\n11.2 ROLES AND RESPONSIBILITIES IN THE EVENT OF A JOINT TENDER\n\nIn the event of a joint tender submitted by a group of economic operators and where the group does not have\nlegal personality or legal capacity, one member of the group is appointed as leader of the group.\n\n11.3 SEVERABILITY\n\nEach provision of this FWC is severable and distinct from the others. If a provision is or becomes illegal, invalid\nor unenforceable to any extent, it must be severed from the remainder of the FWC. This does not affect the\nlegality, validity or enforceability of any other provisions of the FWC, which continue in full force and effect.\nThe illegal, invalid or unenforceable provision must be replaced by a legal, valid and enforceable substitute\nprovision which corresponds as closely as possible with the actual intent of the parties under the illegal, invalid\nor unenforceable provision. The replacement of such a provision must be made in accordance with Article I1.11.\nThe FWC must be interpreted as if it had contained the substitute provision as from its entry into force.\n\n11.4 PROVISION OF SERVICES\n\n11.4.1 Signature of the FWC does not guarantee any actual purchase. The contracting authority is bound only\nby specific contracts implementing the FWC.\n\n11.4.2 The contractor must provide services of high quality standards, in accordance with the state of the art\nin the industry and the provisions of this FWC, in particular the tender specifications and the terms of\nits tender.\n\n11.4.3 The contractor must comply with the minimum requirements provided for in the tender specifications.\nThis includes compliance with applicable obligations under environmental, social and labour law",
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"content": "Contract number: Frontex/OP/76/2019/MS\n\nestablished by Union law, national law and collective agreements or by the international environmental,\nsocial and labour law provisions listed in Annex X to Directive 2014/24/EU?.\n\n1.4.4 The contractor must obtain any permit or licence required in the State where the services are to be\nprovided.\n\n11.4.5 All periods specified in the FWC are calculated in calendar days, unless otherwise specified.\n\n11.4.6 The contractor must not present itself as a representative of the contracting authority and must inform\nthird parties that it is not part of the European public service.\n\n11.4.7 The contractor is responsible for the personnel who carry out the services and exercises its authority\nover its personnel without interference by the contracting authority. The contractor must inform its\npersonnel that:\n\n(a) they may not accept any direct instructions from the contracting authority; and\n\n(b) their participation in providing the services does not result in any employment or contractual\nrelationship with the contracting authority.\n\n11.4.8 The contractor must ensure that the personnel implementing the FWC and any future replacement\npersonnel possess the professional qualifications and experience required to provide the services, as the\ncase may be on the basis of the selection criteria set out in the tender specifications.\n\n11.4.9 At the contracting authority’s reasoned request, the contractor must replace any member of personnel\nwho:\n\n(a) does not have the expertise required to provide the services; or\n(b) has caused disruption at the premises of the contracting authority.\n\nThe contractor bears the cost of replacing its personnel and is responsible for any delay in providing the\nservices resulting from the replacement of personnel,\n\n11.4.10 The contractor must record and report to the contracting authority any problem that affects its ability\nto provide the services. The report must describe the problem, state when it started and what action\nthe contractor is taking to resolve it.\n\n11.5 COMMUNICATION BETWEEN THE PARTIES\n\n11.5.1 Form and means of communication\nAny communication of information, notices or documents under the FWC must:\n(a) be made in writing in paper or electronic format in the language of the contract;\n(b) bear the FWC number and, if applicable, the specific contract number:\n(c) be made using the relevant communication details set out in Article 1.8; and\n(d) be sent by mail, email or, for the documents specified in the special conditions, via e-PRIOR.\n\nIf a party requests written confirmation of an e-mail within a reasonable time, the other party must provide an\noriginal signed paper version of the communication as soon as possible.\n\nThe parties agree that any communication made by email has full legal effect and is admissible as evidence in\njudicial proceedings.\n\n11.5.2 Date of communications by mail and email\n\nAny communication is deemed to have been made when the receiving party receives it, unless this FWC contract\nrefers to the date when the communication was sent.\n\n° 0J1,94 of 28.03.2014, p. 65",
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"content": "E-mail is deemed to have been received by the receiving party on the day of dispatch of that e-mail, provided\nthat it is sent to the e-mail address indicated in Article 1.8. The sending party must be able to prove the date of\ndispatch. In the event that the sending party receives a non-delivery report, it must make every effort to ensure\nthat the other party actually receives the communication by email or mail. In such a case, the sending party is\nnot held in breach of its obligation to send such communication within a specified deadline.\n\nMail sent to the contracting authority is deerned to have been received by the contracting authority on the date\non which the department responsible referred to in Article 1.8 registers it.\n\nFormal notifications are considered io have been received by Ihe receiving party on the date of receipt indicated\nin the proof received by the sending party that the message was delivered to the specified recipient.\n\n11.5.3 Submission of e-documents via e-PRIOR\n\n1. If provided for in the special conditions, the exchange of electronic documents (e-documents) such as\nrequests for services, specific contracts and invoices between the parties is automated through the use\nof the e-PRIOR platform. This platform provides two possibilities for such exchanges: either through web\nservices (machine-to-machine connection) or through a web application (the supplier portal).\n\n2. The contracting authority takes the necessary measures to implement and maintain electronic systems\nthat enable the supplier portal to be used effectively.\n\n3, Inthe case of machine-to-machine connection, a direct connection is established between the parties’\nback offices. In this case, the parties take the measures necessary on their side to implement and\nmaintain electronic systems that enable the machine-to-machine connection to be used effectively. The\nelectronic systems are specified in the interface control document. The contractor (or leader in the\ncase of a joint tender) must take the necessary technical measures to set up a machine-to-machine\nconnection and at its own cost.\n\n4. If communication via the supplier portal or via the web services (machine-to-machine connection) is\nhindered by factors beyond the control of one party, it must notify the other immediately and the\nparties must take the necessary measures to restore this communication.\n\n5, If it is impossible to restore the communication within two working days, one party must notify the\nother that alternative means of communication specified in Article 11.5.1 will be used until the supplier\nportal or the machine-to-machine connection is restored.\n\n6. When a change in the interface control document requires adaptations, the contractor (or leader in the\ncase of a joint tender) has up to six months from receipt of the notification to implement this change.\nThis period can be shortened by mutual agreement of the parties. This period does not apply to urgent\nmeasures required by the security policy of the contracting authority to ensure integrity, confidentiality\nand non-repudiation of information and the availability of e-PRIOR, which must be applied immediately.\n\n11.5.4 Validity and date of e-documents\n1. The parties agree that any e-document, including related attachments exchanged via e-PRIOR:\n(a) is considered as equivalent to a paper document;\n(b) is deemed to be the original of the document;\n\n(c) is legally binding on the parties once an e-PRIOR authorised person has performed the ‘sign’\naction in e-PRIOR and has full legal effect; and\n\n(d) constitutes evidence of the information contained in it and is admissible as evidence in judicial\nproceedings.\n\n2. The parties expressly waive any rights to contest the validity of such a document solely on the grounds\nthat communications between the parties occurred through e-PRIOR or that the document has been\nsigned through e-PRIOR. If a direct connection is established between the parties’ back offices to allow\nelectronic transfer of documents, the parties agree that an e-document, sent as mentioned in the\ninterface control document, qualifies as an EDI message.\n\n3. Ifthe e-document is dispatched through the supplier portal, it is deemed to have been legally issued or\nsent when the contractor (or leader in the case of a joint tender) is able to successfully submit the e-\ndocument without any error messages. The generated PDF and XML document for the e-document are\nconsidered as a proof of receipt by the contracting authority.\n\n12",
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"number": 13,
"content": "Contract number: Frontex/OP/76/2019/MS\n\nIn the event that an e-document is dispatched using a direct connection established between the\nparties’ back offices, the e-document is deemed to have been legally issued or sent when its status is\n‘received’ as defined in the interface control document.\n\nWhen using the supplier portal, the contractor (or leader in the case of a joint tender) can download\nthe PDF or XML message for each e-document for one year after submission. After this period, copies of\nthe e-documents are no longer available for automatic download from the supplier portal.\n\n11.5.5 Authorised persons in e-PRIOR\n\nThe contractor submits a request for each person who needs to be assigned the role of ‘user’ in e-PRIOR. These\npersons are identified by means of the European Communication Authentication Service (ECAS) and authorised\nto access and perform actions in e-PRIOR within the permissions of the user roles that the contracting authority\nhas assigned to them.\n\nUser roles enabling these e-PRIOR authorised persons to sign legally binding documents such as specific tenders\nor specific contracts are granted only upon submission of supporting documents proving that the authorised\nperson is empowered to act as a legal representative of the contractor.\n\n11.6.1\n\n11.6.2\n\n11.6.3\n\n11.6.4\n\n11.6.5\n\n11.6.6\n\n11.7.1\n\n11.7.2\n\n11.6 LIABILITY\n\nThe contracting authority is not liable for any damage or loss caused by the contractor, including any\ndamage or loss to third parties during or as a consequence of implementation of the FWC.\n\nIf required by the relevant applicable legislation, the contractor must take out an insurance policy\nagainst risks and damage or loss relating to the implementation of the FWC. It must also take out\nsupplementary insurance as reasonably required by standard practice in the industry. Upon request, the\ncontractor must provide evidence of insurance coverage to the contracting authority.\n\nThe contractor is liable for any loss or damage caused to the contracting authority during or as a\nconsequence of implementation of the FWC, including in the event of subcontracting, but only up to an\namount not exceeding three times the total amount of the relevant specific contract. However, if the\ndamage or loss is caused by the gross negligence or wilful misconduct of the contractor or of its personnel\nor subcontractors, the contractor is liable for the whole amount of the damage or loss.\n\nIf a third party brings any action against the contracting authority in connection with the\nimplementation of the FWC, including any action for alleged breach of intellectual property rights, the\ncontractor must assist the contracting authority in the legal proceedings, including by intervening in\nsupport. of the contracting authority upon request,\nIf the contracting authority’s liability towards the third party is established and that such liability is\ncaused by the contractor during or as a consequence of the implementation of the FWC, Article I1.6.3\n\napplies.\n\nIf the contractor is composed of two or more economic operators (i.e. who submitted a joint tender),\nthey are all jointly and severally liable to the contracting authority for the implementation of the FWC.\n\nThe contracting authority is not liable for any loss or damage caused to the contractor during or as a\nconsequence of implementation of the FWC, unless the loss or damage was caused by wilful misconduct\nor gross negligence of the contracting authority.\n\nIl.7 CONFLICT OF INTEREST AND PROFESSIONAL CONFLICTING INTERESTS\nThe contractor must take all the necessary measures to prevent any situation of conflict of interest or\nprofessional conflicting interest.\nThe contractor must notify the contracting authority in writing as soon as possible of any situation that\ncould constitute a conflict of interest or a professional conflicting interest during the implementation\nof the FWC. The contractor must immediately take action to rectify the situation.\nThe contracting authority may do any of the following:\n(a) verify that the contractor’s action is appropriate;\n\n(b) require the contractor to take further action within a specified deadline;\n\n13",
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"number": 14,
"content": "(c) decide not to award a specific contract to the contractor.\n11.7.3 The contractor must pass on all the relevant obligations in writing to:\n(a) its personnel;\n(b) any natural person with the power to represent it or take decisions on its behalf;\n(c) third parties involved in the implementation of the FWC, including subcontractors.\n\nThe contractor must also ensure that the persons referred to above are not placed in a situation which\ncould give rise to conflicts of interest.\n\n11.8 CONFIDENTIALITY\n\n1.8.1. The contracting authority and the contractor must treat with confidentiality any information or\ndocuments, in any format, disclosed in writing or orally, relating to the implementation of the FWC and\nidentified in writing as confidential.\n\n11.8.2. Each party must:\n\n(a) not use confidential information or documents for any purpose other than to perform its\nobligations under the FWC or a specific contract without the prior written agreement of the other\nparty;\n\n(b) ensure the protection of such confidential information or documents with the same level of\nprotection as its own confidential information or documents and in any case with due diligence;\n\n(c) not disclose, directly or indirectly, confidential information or documents to third parties without\nthe prior written agreement of the other party.\n\n11.8.3 The confidentiality obligations set out in this Article are binding on the contracting authority and the\ncontractor during the implementation of the FWC and for as long as the information or documents\nremain confidential unless:\n\n(a) the disclosing party agrees to release the receiving party from the confidentiality obligation\nearlier;\n\n(b) the confidential information or documents become public through other means than a breach of\nthe confidentiality obligation;\n\n(c) the applicable law requires the disclosure of the confidential information or documents.\n\n11.8.4 The contractor must obtain from any natural person with the power to represent it or take decisions on\nits behalf, as well as from third parties involved in the implementation of the FWC a commitment that\nthey will comply with this Article. At the request of the contracting authority, the contractor must\nprovide a document providing evidence of this commitment.\n\n11.9 PROCESSING OF PERSONAL DATA\n\n11.9.1 Processing of personal data by the contracting authority\n\nAny personal data included in or relating to the FWC, including its implementation, shall be processed in\naccordance with Regulation (EU) No 2018/1725. Such data shall be processed solely for the purposes of the\nimplementation, management and monitoring of the FWC by the data controller.\n\nThe contractor or any other person whose personal data is processed by the data controller in relation to this\nFWC has specific rights as a data subject under Chapter Ill (Articles 14-25) of Regulation (EU) No 2018/1725, in\nparticular the right to access, rectify or erase their personal data and the right to restrict or, where applicable,\nthe right to object to processing or the right to data portability.\n\nShould the contractor or any other person whose personal data is processed in relation to this FWC have any\nqueries concerning the processing of its personal data, it shall address itself to the data controller. They may\nalso address themselves to the Data Protection Officer of the data controller. They have the right to lodge a\ncomplaint at any time to the European Data Protection Supervisor.\n\nDetails concerning the processing of personal data are available in the data protection notice referred to in\nArticle 1.9.\n\n14",
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"number": 15,
"content": "Contract number: Frontex/OP/76/2019/MS\n\n11.9.2 Processing of personal data by the contractor\n\nThe processing of personal data by the contractor shall meet the requirements of Regulation (EU) 2016/679 of\nthe European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to\nthe processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC\n(General Data Protection Regulation) and be processed solely for the purposes set out by the controller.\n\nThe contractor shall assist the controller for the fulfilment of the controller’s obligation to respond to requests\nfor exercising rights of person whose personal data is processed in relation to this FWC as laid down in Chapter\nIII (Articles 14-25) of Regulation (EU) 2018/1725. The contractor shall inform without delay the controller about\nsuch requests.\n\nThe contractor may act only on documented written instructions and under the supervision of the controller, in\nparticular with regard to the purposes of the processing, the categories of data that may be processed, the\nrecipients of the data and the means by which the data subject may exercise its rights.\n\nThe contractor shall grant personnel access to the data to the extent strictly necessary for the implementation,\nmanagement and monitoring of the FWC. The contractor must ensure that personnel authorised to process\npersonal data has committed itself to confidentiality or is under appropriate statutory obligation of\nconfidentiality in accordance with the provisions of Article 11.8.\n\nThe contractor shall adopt appropriate technical and organisational security measures, giving due regard to the\nrisks inherent in the processing and to the nature, scope, context and purposes of processing, in order to ensure,\nin particular, as appropriate:\n\n(a) the pseudonymisation and encryption of personal data;\n\n(b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing\nsystems and services;\n\n(c) the ability to restore the availability and access to personal data in a timely manner in the event of a\nphysical or technical incident;\n\n(d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational\nmeasures for ensuring the security of the processing;\n\n(e) measures to protect personal data from accidental or unlawful destruction, loss, alteration,\nunauthorised disclosure of or access to personal data transmitted, stored or otherwise processed,\n\nThe contractor shall notify relevant personal data breaches to the controller without undue delay and at the\nlatest within 48 hours after the contractor becomes aware of the breach. In such cases, the contractor shall\nprovide the controller with at least the following information:\n\n(a) nature of the personal data breach including where possible, the categories and approximate number\nof data subjects concerned and the categories and approximate number of personal data records\nconcerned;\n\n(b) likely consequences of the breach;\n\n(©) measures taken or proposed to be taken to address the breach, including, where appropriate, measures\nto mitigate its possible adverse effects.\n\nThe contractor shall immediately inform the data controller if, in its opinion, an instruction infringes Regulation\n(EU) 2018/1725, Regulation (EU) 2016/679, or other Union or Member State data protection provisions as referred\nto in the tender specifications.\n\nThe contractor shall assist the controller for the fulfilment of its obligations pursuant to Article 33 to 41 under\nRegulation (EU) 2018/1725 to:\n\n(a) ensure compliance with its data protection obligations regarding the security of the processing, and the\nconfidentiality of electronic communications and directories of users;\n\n(b) notify a personal data breach to the European Data Protection Supervisor;\n\n(c) communicate a personal data breach without undue delay to the data subject, where applicable;\n\n(d) carry out data protection impact assessments and prior consultations as necessary.\n\nThe contractor shall maintain a record of all data processing operations carried on behalf of the controller,\ntransfers of personal data, security breaches, responses to requests for exercising rights of people whose personal\ndata is processed and requests for access to personal data by third parties.\n\nThe contracting authority is subject to Protocol 7 of the Treaty on the Functioning of the European Union on the\nprivileges and immunities of the European Union, particularly as regards the inviolability of archives (including\nthe physical location of data and services as set out in Article 1.9.2) and data security, which includes personal\ndata held on behalf of the contracting authority in the premises of the contractor or subcontractor.\n\nThe contractor shall notify the contracting authority without delay of any tegally binding request for disclosure\nof the personal data processed on behalf of the contracting authority made by any national public authority,",
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"number": 16,
"content": "including an authority from a third country. The contractor may not give such access without the prior written\nauthorisation of the contracting authority.\n\nThe duration of processing of personal data by the contractor will not exceed the period referred to in Article\n11.24.2. Upon expiry of this period, the contractor shall, at the choice of the controller, return, without any\nundue delay in acommonly agreed format, all personal data processed on behalf of the controller and the copies\nthereof or shall effectively delete all personal data unless Union or national law requires a longer storage of\npersonal data.\n\nFor the purpose of Article 11.10, if part or all of the processing of personal data is subcontracted to a third party,\nthe contractor shall pass on the obligations referred to in Articles 1.9.2 and 11.9.2 in writing to those parties,\nincluding subcontractors. At the request of the contracting authority, the contractor shall provide a document\nproviding evidence of this commitment.\n\n1.10 SUBCONTRACTING\n\n11.10.1 The contractor must not subcontract and have the FWC implemented by third parties beyond the third\nparties already mentioned in its tender without prior written authorisation from the contracting\nauthority.\n\n11.10.2 Even if the contracting authority authorises subcontracting, the contractor remains bound by its\ncontractual obligations and is solely responsible for the implementation of the FWC.\n\n11.10.3 The contractor must ensure that the subcontract does not affect the rights of the contracting authority\nunder this FWC, particularly those under Articles I1.8, 11.13 and 11.24.\n\n11.10.4 The contracting authority may request the contractor to replace a subcontractor found to be ina\nsituation provided for in points (d) and (e) of Article 11.18.1.\n\n11.11 AMENDMENTS\n\n11.11.1 Any amendment to the FWC or a specific contract must be made in writing before all contractual\nobligations have been fulfilled. A specific contract does not constitute an amendment to the FWC.\n\n11.11.2 Any amendment must not make changes to the FWC or a specific contract that might alter the initial\nconditions of the procurement procedure or result in unequal treatment of tenderers or contractors.\n\n11.12 ASSIGNMENT\n\n11.12.1 The contractor must not assign any of the rights and obligations arising from the FWC, including claims\nfor payments or factoring, without prior written authorisation from the contracting authority. In such\ncases, the contractor must provide the contracting authority with the identity of the intended\nassignee.\n\n11.12.2 Any right or obligation assigned by the contractor without authorisation is not enforceable against the\ncontracting authority.\n\n11.13 INTELLECTUAL PROPERTY RIGHTS\n\n11.13.1 Ownership of the rights in the results\n\nThe Union acquires irrevocably worldwide ownership of the results and of all intellectual property rights under\nthe FWC, The intellectual property rights so acquired include any rights, such as copyright and other intellectual\nor industrial property rights, to any of the results and to all technological solutions and information created or\nproduced by the contractor or by its subcontractor in implementation of the FWC. The contracting authority may\nexploit and use the acquired rights as stipulated in this FWC. The Union acquires all the rights from the moment\nthe contracting authority approves the results delivered by the contractor, Such delivery and approval are\ndeemed to constitute an effective assignment of rights from the contractor to the Union.\n\nThe payment of the price includes any fees payable to the contractor about the acquisition of ownership of rights\nby the Union including for all forms of exploitation and of use of the results.",
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"content": "Contract number: Frontex/OP/76/2019/MS\n\n11.13.2 Licensing rights on pre-existing materials\n\nUnless provided otherwise in the special conditions, the Union does not acquire ownership of pre-existing rights\nunder this FWC.\n\nThe contractor licenses the pre-existing rights on a royalty-free, non-exclusive and irrevocable basis to the\nUnion, which may use the pre-existing materials for all the modes of exploitation set out in this FWC or in specific\ncontracts. All pre-existing rights are licensed to the Union from the moment the results are delivered and\n\napproved by the contracting authority.\n\nThe licensing of pre-existing rights to the Union under this FWC covers all territories worldwide and is valid for\nthe duration of intellectual property rights protection.\n\nThe payment of the price as set out in the specific contracts is deemed to also include any fees payable to the\ncontractor in relation to the licensing of pre-existing rights to the Union, including for all forms of exploitation\n\nand of use of the results.\n\nWhere implementation of the FWC requires that the contractor uses pre-existing materials belonging to the\ncontracting authority, the contracting authority may request that the contractor signs an adequate licence\nagreement. Such use by the contractor will not entail any transfer of rights to the contractor and is limited to\n\nthe needs of this FWC.\n1.13.3 Exclusive rights\nThe Union acquires the following exclusive rights:\n\n(a) reproduction: the right to authorise or prohibit direct or indirect, temporary or permanent reproduction of\nthe results by any means (mechanical, digital or other) and in any form, in whole or in part;\n\n(b) communication to the public: the exclusive right to authorise or prohibit any display, performance or\ncommunication to the public, by wire or wireless means, including the making available to the public of the\nresults in such a way that members of the public may access them from a place and at a time individually\nchosen by them; this right also includes the communication and broadcasting by cable or by satellite:\n\n(c) distribution: the exclusive right to authorise or prohibit any form of distribution of results or copies of the\nresults to the public, by sale or otherwise;\n\n(d) rental: the exclusive right to authorise or prohibit rental or lending of the results or of copies of the results;\n(e) adaptation: the exclusive right to authorise or prohibit any modification of the results;\n\n(f) translation: the exclusive right to authorise or prohibit any translation, adaptation, arrangement, creation\nof derivative works based on the results, and any other alteration of the results, subject to the respect of\n\nmoral rights of authors, where applicable;\n\n(8) where the results are or include a database: the exclusive right to authorise or prohibit the extraction of\nall or a substantial part of the contents of the database to another medium by any means or in any form;\nand the exclusive right to authorise or prohibit. the re-utilization of all or a substantial part of the contents\nof the database by the distribution of copies, by renting, by on-line or other forms of transmission;\n\n(h) where the results are or include a patentable subject-matter: the right to register them as a patent and to\nfurther exploit such patent to the fullest extent;\n\n() where the results are or include logos or subject-matter which could be registered as a trademark: the right\nto register such logo or subject-matter as a trademark and to further exploit and use it;\n\n(j) where the results are or include know-how: the right to use such know-how as is necessary to make use of\nthe results to the full extent provided for by this FWC, and the right to make it available to contractors or\nsubcontractors acting on behalf of the contracting authority, subject to their signing of adequate\nconfidentiality undertakings where necessary;\n\n(k) where the results are documents:\n\n(i) the right to authorise the reuse of the documents in conformity with the Commission Decision of 12\nDecember 2011 on the reuse of Commission documents (2011/833/EU), to the extent it is applicable\nand the documents fall within its scope and are not excluded by any of its provisions; for the sake\nof this provision, ‘reuse’ and ‘document’ have the meaning given to it by this Decision;\n\n17",
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"number": 18,
"content": "(ii) the right to store and archive the results in line with the document management rules applicable to\nthe contracting authority, including digitisation or converting the format for preservation or new use\npurposes;\n\n(V where the results are or incorporate software, including source code, object code and, where relevant,\ndocumentation, preparatory materials and manuals, in addition to the other rights mentioned in this Article:\n\n(i) end-user rights, for all uses by the Union or by subcontractors which result from this FWC and from\nthe intention of the parties;\n\n(ii) the rights to decompile or disassemble the software;\n\n(m) to the extent that the contractor may invoke moral rights, the right for the contracting authority, except\nwhere otherwise provided in this FWC, to publish the results with or without mentioning Ihe crealor (s)'\nname(s), and the right to decide when and whether the results may be disclosed and published.\n\nThe contractor warrants that the exclusive rights and the modes of exploitation may be exercised by the Union\non all parts of the results, be they created by the contractor or consisting of pre-existing materials.\n\nWhere pre-existing materials are inserted in the results, the contracting authority may accept reasonable\nrestrictions impacting on the above list, provided that the said materials are easily identifiable and separable\nfrom the rest, that they do not correspond to substantial elements of the results, and that, should the need\narise, satisfactory replacement solutions exist, at no additional costs to the contracting authority. In such case,\nthe contractor will have to clearly inform the contracting authority before making such choice and the\ncontracting authority has the right to refuse it.\n\n11.13.4 Identification of pre-existing rights\n\nWhen delivering the results, the contractor must warrant that, for any use that the contracting authority may\nenvisage within the limits set in this FWC, the results and the pre-existing material incorporated in the results\nare free of claims from creators or from any third parties and all the necessary pre-existing rights have been\nobtained or licensed.\n\nTo that effect, the contractor must establish a list of all pre-existing rights to the results of this FWC or parts\nthereof, including identification of the rights’ owners. If there are no pre-existing rights to the results, the\ncontractor must provide a declaration to that effect. The contractor must provide this list or declaration to the\ncontracting authority together with the invoice for payment of the balance at the latest.\n\n11.13.5 Evidence of granting of pre-existing rights\nUpon request by the contracting authority, the contractor must provide evidence that it has the ownership or\nthe right to use all the listed pre-existing rights, except for the rights owned or licensed by the Union. The\ncontracting authority may request this evidence even after the end of this FWC.,\nThis evidence may refer, for example, to rights to: parts of other documents, images, graphs, fonts, tables, data,\nsoftware, technical inventions, know-how, IT development tools, routines, subroutines or other programs\n(‘background technology’), concepts, designs, installations or pieces of art, data, source or background materials\nor any other parts of external origin.\nThis evidence must include, as appropriate:\n\n(a) the name and version number of a software product;\n\n(b) the full identification of the work and its author, developer, creator, translator, data entry person,\ngraphic designer, publisher, editor, photographer, producer;\n\n(c) a copy of the licence to use the product or of the agreement granting the relevant rights to the\ncontractor or a reference to this licence;\n\n(d) acopy of the agreement or extract from the employment contract granting the relevant rights to the\ncontractor where parts of the results were created by its personnel;\n\n(e) the text of the disclaimer notice if any.\n\nProvision of evidence does not release the contractor from its responsibilities if it is found that it does not hold\nthe necessary rights, regardless of when and by whom this fact is revealed.",
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"number": 19,
"content": "Contract number: Frontex/OP/76/2019/MS\n\nThe contractor also warrants that it possesses the relevant rights or powers to execute the transfer and that it\nhas paid or has verified payment of all due fees including fees due to collecting societies, related to the final\n\nresults.\n1.13.6 Quotation of works in the result\n\nIn the result, the contractor must clearly point out all quotations of existing works. The complete reference\nshould include as appropriate, the following: name of the author, title of the work, date and place of publication,\ndate of creation, address of publication on the internet, number, volume and other information that allows the\n\norigin to be easily identified.\n11.13.7 Moral rights of creators\n\nBy delivering the results, the contractor warrants that the creators will not object to the following on the basis\nof their moral rights under copyright:\n\n(a) that their names be mentioned or not mentioned when the results are presented to the public;\n\n(b) that the results be divulged or not after they have been delivered in their final version to the contracting\nauthority;\n\n(c) that the results be adapted, provided that this is done in a manner which is not prejudicial to the\ncreator’s honour or reputation.\n\nIf moral rights on parts of the results protected by copyright may exist, the contractor must obtain the consent\nof creators regarding the granting or waiver of the relevant moral rights in accordance with the applicable legal\nprovisions and be ready to provide documentary evidence upon request.\n\n11.13.8 Image rights and sound recordings\n\nIf natural persons appear in a result or their voice or any other private element is recorded in a recognisable\nmanner, the contractor must obtain a statement by these persons (or, in the case of minors, by the persons\nexercising parental authority) giving their permission for the described use of their image, voice or private\nelement and, on request, submit a copy of the permission to the contracting authority. The contractor must take\nthe necessary measures to obtain such consent in accordance with the applicable legal provisions.\n\n11.13.9 Copyright notice for pre-existing rights\n\nWhen the contractor retains pre-existing rights on parts of the results, reference must be inserted to that effect\nwhen the result is used as set out in Article 1.10.1, with the following disclaimer: ‘© — year — European Union.\nAll rights reserved. Certain parts are licensed under conditions to the EU’, or with any other equivalent disclaimer\nas the contracting authority may consider best appropriate, or as the parties may agree on a case-by-case basis.\nThis does not apply where inserting such reference would be impossible, notably for practical reasons.\n\n11.13.10 Visibility of Union funding and disclaimer\n\nWhen making use of the results, the contractor must declare that they have been produced under a contract\nwith the Union and that the opinions expressed are those of the contractor only and do not represent the\ncontracting authority’s official position. The contracting authority may waive this obligation in writing or provide\nthe text of the disclaimer.\n\n11.14 FORCE MAJEURE\n\n11.14.1 Ifa party is affected by force majeure, it must immediately notify the other party, stating the nature\nof the circumstances, their likely duration and foreseeable effects.\n\n1.14.2 A party is not liable for any delay or failure to perform its obligations under the FWEC if that delay or\nfailure is a result of force majeure. |f the contractor is unable to fulfil its contractual obligations\nowing to force majeure, it has the right to remuneration only for the services actually provided.\n\n11.14.3 The parties must take all necessary measures to limit any damage due to force majeure.",
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"number": 20,
"content": "11.15 LIQUIDATED DAMAGES\n\n11.15.1 Delay in delivery\n\nIf the contractor fails to perform its contractual obligations within the applicable time limits set out in this FWC,\nthe contracting authority may claim liquidated damages for each day of delay using the following formula:\n0.3x (V/d)\n\nwhere:\n\nV is the price of the relevant purchase or deliverable or result;\n\nd is the duration specified in the relevant specific contract for delivery of the relevant purchase or deliverable\nor result or, failing that, the period between the date specified in Article 1.4.2 and the date of delivery or\nperformance specified in the relevant specific contract, expressed in days.\n\nLiquidated damages may be imposed together with a reduction in price under the conditions laid down in Article\n11.16.\n\n11.15.2 Procedure\n\nThe contracting authority must formally notify the contractor of its intention to apply liquidated damages and\nthe corresponding calculated amount.\n\nThe contractor has 30 days following the date of receipt to submit observations. Failing that, the decision\nbecomes enforceable the day after the time limit for submitting observations has elapsed.\n\nIf the contractor submits observations, the contracting authority, taking into account the relevant observations,\nmust notify the contractor:\n\n(a) of the withdrawal of its intention to apply liquidated damages; or\n(b) of its final decision to apply liquidated damages and the corresponding amount.\n11.15.3 Nature of liquidated damages\nThe parties expressly acknowledge and agree that any amount payable under this Article is not a penalty and\nrepresents a reasonable estimate of fair compensation for the damage incurred due to failure to provide the\nservices within the applicable time limits set out in this FWC.\n11.15.4 Claims and liability\nAny claim for liquidated damages does not affect the contractor’s actual or potential liability or the contracting\nauthority’s rights under Article 11.18.\n\n11.16 REDUCTION IN PRICE\n\n11.16.1 Quality standards\n\nIf the contractor fails to provide the service in accordance with the FWC or a specific contract (“unperformed\nobligations’) or if it fails to provide the service in accordance with the expected quality levels specified in the\ntender specifications (‘low quality delivery’), the contracting authority may reduce or recover payments\nproportionally to the seriousness of the unperformed obligations or low quality delivery. This includes in\nparticular cases where the contracting authority cannot approve a result, report or deliverable as defined in\nArticle 1.6 after the contractor has submitted the required additional information, correction or new version.\n\nA reduction in price may be imposed together with liquidated damages under the conditions of Article 1.15.\n11.16.2 Procedure\n\nThe contracting authority must formally notify the contractor of its intention to reduce payment and the\ncorresponding calculated amount.\n\nThe contractor has 30 days following the date of receipt to submit observations. Failing that, the decision\nbecomes enforceable the day after the time limit for submitting observations has elapsed.\n\n20",
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"number": 21,
"content": "Contract number: Frontex/OP/76/2019/MS\n\nIf the contractor submits observations, the contracting authority, taking into account the relevant observations,\nmust notify the contractor:\n\n(a) of the withdrawal of its intention to reduce payment; or\n\n(b) of its final decision to reduce payment and the corresponding amount, .\n\n1.16.3 Claims and liability\n\nAny reduction in price does not affect the contractor’s actual or potential liability or the contracting authority’s\n\nrights under Article 11.18.\n\n1.17 SUSPENSION OF THE IMPLEMENTATION OF THE FWC\n\n1.17,1 Suspension by the contractor\n\nIf the contractor is affected by force majeure, it may suspend the provision of the services under a specific\ncontract.\n\nThe contractor must immediately notify the contracting authority of the suspension. The notification must\ninclude a description of the force majeure and state when the contractor expects to resume the provision of\n\nservices.\n\nThe contractor must notify the contracting authority as soon as it is able to resume performance of the specific\ncontract, unless the contracting authority has already terminated the FWC or the specific contract.\n\nIl. 17.2 Suspension by the contracting authority\n\nThe contracting authority may suspend the implementation of the FWC or performance of a specific contract or\nany part of it:\n\n(a) if the procedure for awarding the FWC or a specific contract or the implementation of the FWC proves to\nhave been subject to substantial errors, irregularities or fraud;\n\n(b) in order to verify whether the presumed substantial errors, irregularities or fraud actually occurred.\n\nThe contracting authority must formally notify the contractor of the suspension. Suspension takes effect on the\ndate of formal notification, or at a later date if the formal notification so provides.\n\nThe contracting authority must notify the contractor as soon as possible whether:\n(a) it is lifting the suspension; or\n(b) it intends to terminate the FWC or a specific contract under Article I1.18.1(f) or (j).\n\nThe contractor is not entitled to compensation for suspension of any part of the FWC or a specific contract.\n11.18 TERMINATION OF THE FWC\n\n11.18.1 Grounds for termination by the contracting authority\nThe contracting authority may terminate the FWC or a specific contract in the following circumstances:\n\n(a) if provision of the services under a pending specific contract has not actually started within 15 days of\nthe scheduled date and the contracting authority considers the new date proposed, if any,\nunacceptable, taking into account Article 11.11.2;\n\n(b) if the contractor is unable, through its own fault, to obtain any permit or licence required for\nimplementation of the FWC;\n\n(c) iftthe contractor does not implement the FWC or perform the specific contract in accordance with the\ntender specifications or request for service or is in breach of another substantial contractual obligation\nor repeatedly refuses to sign specific contracts. Termination of three or more specific contracts in these\ncircumstances also constitutes grounds for termination of the FWC;\n\n21",
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"content": "(d) if the contractor or any person that assumes unlimited liability for the debts of the contractor is in one\nof the situations provided for in points (a) and (b) of Article 106(1) of the Financial Regulation‘;\n\n(e) if the contractor or any related person is subject to any of the situations provided for in points (c) to\n(f) of Article 106(1) or to Article 106(2) of the Financial Regulation.\n\n(f) if the procedure for awarding the FWC or the implementation of the FWC prove to have been subject\nto substantial errors, irregularities or fraud;\n\n(g) if the contractor does not compiy with applicable obligations under environmental, social and labour\nlaw established by Union law, national law, collective agreements or by the international\nenvironmental, social and labour law provisions listed in Annex X to Directive 2014/24/EU;\n\n(h) if the contractor is in a situation that could constitute a conflict of interest or a professional conflicting\ninterest as referred to in Article 11.7;\n\n() if achange to the contractor’s legal, financial, technical, organisational or ownership situation is likely\nto substantially affect the implementation of the FWC or substantially modify the conditions under\nwhich the FWC was initially awarded;\n\n(j) in the event of force majeure, where either resuming implementation is impossible or the necessary\nensuing amendments to the FWC or a specific contract would mean that the tender specifications are\nno longer fulfilled or result in unequal treatment of tenderers or contractors;\n\n(k) if the needs of the contracting authority change and it no longer requires new services under the FWC;\nin such cases ongoing specific contracts remain unaffected;\n\n() if the termination of the FWC with one or more of the contractors means that the multiple FWC with\nreopening of competition no longer has the minimum required level of competition.\n\n11.18.2 Grounds for termination by the contractor\nThe contractor may terminate the FWC or a specific contract if:\n\n(a) it has evidence that the contracting authority has committed substantial errors, irregularities or fraud\nin the procedure for awarding the FWC or the implementation of the FWC;\n\n(b) the contracting authority fails to comply with its obligations, in particular the obligation to provide the\ninformation needed for the contractor to implement the FWC or to perform a specific contract as\nprovided for in the tender specifications.\n\n11.18.3 Procedure for termination\n\nA party must formally notify the other party of its intention to terminate the FWC or a specific contract and the\ngrounds for termination.\n\nThe other party has 30 days following the date of receipt to submit observations, including the measures it has\ntaken to continue fulfilling its contractual obligations. Failing that, the decision to terminate becomes\nenforceable the day after the time limit for submitting observations has elapsed.\n\nIf the other party submits observations, the party intending to terminate must formally notify it either of the\nwithdrawal of its intention to terminate or of its final decision to terminate.\n\nIn the cases referred to in points (a) to (d), (g) to (i), (k) and (l) of Article I1.18.1 and in Article 11.18.2, the date\non which the termination takes effect must be specified in the formal notification.\n\nIn the cases referred to in points (e), (f) and (j) of Article I1.18.1, the termination takes effect on the day\nfollowing the date on which the contractor receives notification of termination.\n\nIn addition, at the request of the contracting authority and regardless of the grounds for termination, the\ncontractor must provide all necessary assistance, including information, documents and files, to allow the\ncontracting authority to complete, continue or transfer the services to a new contractor or internally, without\ninterruption or adverse effect on the quality or continuity of the services. The parties may agree to draw up a\ntransition plan detailing the contractor’s assistance unless such plan is already detailed in other contractual\n\n’ Regulation (EU, EURATOM) No 966/2012 on the financial rules applicable to the general budget of the Union,\nas amended http: //eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32012R0966\n\n \n\n22",
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"content": "Contract number: Frontex/OP/76/2019/MS\n\ndocuments or in the tender specifications. The contractor must provide such assistance at no additional cost,\nexcept if it can demonstrate that it requires substantial additional resources or means, in which case it must\nprovide an estimate of the costs involved and the parties will negotiate an arrangement in good faith.\n\n11,18.4 Effects of termination\n\nThe contractor is liable for damage incurred by the contracting authority as a result of the termination of the\nFWC or a specific contract including the cost of appointing another contractor to provide or complete the\nservices, unless the damage was caused by the situation specified in Article 11.18.1(j), (k) or (U) or in Article\n11.18.2. The contracting authority may claim compensation for such damage.\n\nThe contractor is not entitled to compensation for any loss resulting from the termination of the FWC or a specific\ncontract, including loss of anticipated profits, unless the loss was caused by the situation specified in Article\n\n11.18.2.\n\nThe contractor must take all appropriate measures to minimise costs, prevent damage and cancel or reduce its\ncommitments.\n\nWithin 60 days of the date of termination, the contractor must submit any report, deliverable or result and any\ninvoice required for services that were provided before the date of termination.\n\nIn the case of joint tenders, the contracting authority may terminate the FWC or a specific contract with each\nmember of the group separately on the basis of points (d), (e) or (g) of Article 11.18.1, under the conditions set\nout in Article 11.11.2\n\n11.19 INVOICES, VALUE ADDED TAX AND E-INVOICING\n\n1.19.1 Invoices and value added tax\n\nInvoices must contain the contractor’s (or leader’s in the case of a joint tender) identification data, the amount,\nthe currency and the date, as well as the FWC reference and reference to the specific contract.\n\nInvoices must indicate the place of taxation of the contractor (or leader in the case of a joint tender) for value\nadded tax (VAT) purposes and must specify separately amounts not including VAT and amounts including VAT.\n\nThe contracting authority is exempt from all taxes and duties, including VAT, in accordance with Articles 3 and\n4 of the Protocol on the privileges and immunities of the European Union.\n\nThe contractor (or leader in the case of a joint tender) must complete the necessary formalities with the relevant\nauthorities to ensure that the supplies and services required for implementation of the FWC are exempt from\ntaxes and duties, including VAT.\n\n1.19.2 E-invoicing\nIf provided for in the special conditions, the contractor (or leader in the case of a joint tender) submits invoices\nin electronic format if the conditions regarding electronic signature specified by Directive 2006/112/EC on VAT\nare fulfilled, i.e. using a qualified electronic signature or through electronic data interchange.\n\nReception of invoices by standard format (pdf) or email is not accepted.\n11.20 PRICE REVISION\n\nIf a price revision index is provided in Article 1.5.2, this Article applies to it.\nPrices are fixed and not subject to revision during the first year of the FWC.\n\nAt the beginning of the second and every following year of the FWC, each price may be revised upwards or\ndownwards at the request of one of the parties.\n\nA party may request a price revision in writing no later than three months before the anniversary date of entry\ninto force of the FWC. The other party must acknowledge the request within 14 days of receipt,\n\nAt the anniversary date, the contracting authority must communicate the final index for the month in which the\nrequest was received, or failing that, the last provisional index available for that month. The contractor\n\n23",
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"content": "establishes the new price on this basis and communicates it as soon as possible to the contracting authority for\nverification.\n\nThe contracting authority purchases on the basis of the prices in force at the date on which the specific contract\nenters into force.\n\nThe price revision is calculated using the following formula:\n\nIr\nPr=Pox(-)\n\nlo\nwhere: P\n\n-\n\n= revised price;\nPo = price in the tender;\nlo = index for the month in which the FWC enters into force;\n\nIr = index for the month in which the request to revise prices is received.\n\n11.21 PAYMENTS AND GUARANTEES\n\n11,21.1 Date of payment\nPayments are deemed to be effected on the date when they are debited to the contracting authority’s account.\n11.21.2 Currency\nPayments are made in euros or in the currency provided for in Article 1.7.\n11.21.3 Conversion\nThe contracting authority makes any conversion between the euro and another currency at the daily euro\nexchange rate published in the Official Journal of the European Union, or failing that, at the monthly accounting\nexchange rate, as established by the European Commission and published on the website indicated below,\napplicable on the day when it issues the payment order.\nThe contractor makes any conversion between the euro and another currency at the monthly accounting\nexchange rate, established by the Commission and published on the website indicated below, applicable on the\ndate of the invoice.\nhttp: //ec.europa.eu/budget/contracts_grants/info_contracts/inforeuro/inforeuro_en.cfm\n11.21.4 Costs of transfer\nThe costs of the transfer are borne as follows:\n\n(a) the contracting authority bears the costs of dispatch charged by its bank;\n\n(b) the contractor bears the costs of receipt charged by its bank;\n\n(c) the party causing repetition of the transfer bears the costs for repeated transfer.\n\n11.21.5 Pre-financing, performance and money retention guarantees\n\nIf, as provided for in Article 1.6, a financial guarantee is required for the payment of pre-financing, as\nperformance guarantee or as retention money guarantee, it must fulfil the following conditions:\n\n(a) the financial guarantee is provided by a bank or a financial institution approved by the contracting\nauthority or, at the request of the contractor and with the agreement of the contracting authority, by\na third party;\n\n(b) the guarantor stands as first-call guarantor and does not require the contracting authority to have\nrecourse against the principal debtor (the contractor).\n\nThe contractor bears the cost of providing such guarantee.\n\nPre-financing guarantees must remain in force until the pre-financing is cleared against interim payments or\npayment of the balance. Where the payment of the balance takes the form of a debit note, the pre-financing\n\n24",
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"content": "Contract number: Frontex/OP/76/2019/MS\n\nguarantee must remain in force for three months after the debit note is sent to the contractor. The contracting\nauthority must release the guarantee within the following month.\n\nPerformance guarantees cover compliance with substantial contractual obligations until the contracting authority\nhas given its final approval for the service. The performance guarantee must not exceed 10 % of the total price\nof the specific contract. The contracting authority must release the guarantee fully after final approval of the\nservice, as provided for in the specific contract.\n\nRetention money guarantees cover full delivery of the service in accordance with the specific contract including\nduring the contract liability period and until its final approval by the contracting authority. The retention money\nguarantee must not exceed 10 % of the total price of the specific contract. The contracting authority must release\nthe guarantee after the expiry of the contract liability period as provided for in the specific contract.\n\nThe contracting authority must not request a retention money guarantee for a specific contract where it has\nrequested a performance guarantee.\n\n11.21.6 Interim payments and payment of the balance\n\nThe contractor (or leader in the case of a joint tender) must send an invoice for interim payment, as provided\nfor in Article I.6 or in the tender specifications or in the specific contract.\n\nThe contractor (or leader in the case of a joint tender) must send an invoice for payment of the balance within\n60 days of the end of the period of provision of the services, as provided for in Article I.6, in the tender\nspecifications or in the specific contract.\n\nPayment of the invoice and approval of documents does not imply recognition of the regularity, authenticity,\ncompleteness and correctness of the declarations and information they contain.\n\nPayment of the balance may take the form of recovery.\n11.21.7 Suspension of the time allowed for payment\n\nThe contracting authority may suspend the payment periods specified in Article I.6 at any time by notifying the\ncontractor (or leader in the case of a joint tender) that its invoice cannot be processed. The reasons the\ncontracting authority may cite for not being able to process an invoice are:\n\n(a) because it does not comply with the FWC;\n(b) because the contractor has not produced the appropriate documents or deliverables; or\n\n(c) because the contracting authority has observations on the documents or deliverables submitted with\nthe invoice.\n\nThe contracting authority must notify the contractor (or leader in the case of joint tender) as soon as possible\nof any such suspension, giving the reasons for it.\n\nSuspension takes effect on the date the contracting authority sends the notification. The remaining payment\nperiod resumes from the date on which the requested information or revised documents are received or the\nnecessary further verification, including on-the-spot checks, is carried out. Where the suspension period exceeds\ntwo months, the contractor (or leader in the case of a joint tender) may request the contracting authority to\njustify the continued suspension.\n\nWhere the payment periods have been suspended following rejection of a document referred to in the first\nparagraph of this Article and the new document produced is also rejected, the contracting authority reserves\nthe right to terminate the specific contract in accordance with Article I1.18.1(c).\n\n11.21.8 Interest on late payment\n\nOn expiry of the payment periods specified in Article 1.6, the contractor (or leader in the case of a joint tender)\nis entitled to interest on late payment at the rate applied by the European Central Bank for its main refinancing\noperations in euros (the reference rate) plus eight. points. The reference rate is the rate in force, as published\nin the € series of the Official Journal of the European Union, on the first day of the month in which the payment\n\nperiod ends.\n\nSuspension of the payment period as provided for in Article I1.21.7 is not considered as giving rise to late payment.\n\n25",
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"number": 26,
"content": "Interest on late payment covers the period running from the day following the due date for payment up to and\nincluding the date of payment as defined in Article I1.21.1.\n\nHowever, when the calculated interest is EUR 200 or less, it must be paid to the contractor (or leader in the case\nof a joint tender) only if it requests it within two months of receiving late payment.\n\n11.22 REIMBURSEMENTS\n\n11.22.1 If provided for in the special conditions or in the tender specifications, the contracting authority must\nreimburse expenses directly connected with the provision of the services either when the contractor\nprovides it with supporting documents or on the basis of flat rates.\n\n11.22.2 The contracting authority reimburses travel and subsistence expenses on the basis of the shortest\nitinerary and the minimum number of nights necessary for overnight stay at the destination.\n\n11.22.3 The contracting authority reimburses travel expenses as follows:\n(a) travel by air: up to the maximum cost of an economy class ticket at the time of the reservation;\n(b) travel by boat or rail: up to the maximum cost of a first class ticket;\n(c) travel by car: at the rate of one first class rail ticket for the same journey and on the same day;\n\nIn addition, the contracting authority reimburses travel outside Union territory if it has given its prior written\napproval for the expenses.\n\n11.22.4 The contracting authority reimburses subsistence expenses on the basis of a daily subsistence\nallowance as follows:\n\n(a) for journeys of less than 200 km for a return trip, no subsistence allowance is payable;\n\n(b) the daily subsistence allowance is payable only on receipt of supporting documents proving that\nthe person concerned was present at the destination;\n\n(c) the daily subsistence allowance takes the form of a flat-rate payment to cover all subsistence\nexpenses, including meals, local transport including transport to and from the airport or station,\ninsurance and sundries;\n\n(d) the daily subsistence allowance is reimbursed at the flat rates specified in Article 1.5.3;\n\n(e) accommodation is reimbursed on receipt of supporting documents proving the necessary\novernight stay at the destination, up to the flat-rate ceilings specified in Article 1.5.3.\n\n11.22.5 The contracting authority reimburses the cost of shipment of equipment or unaccompanied luggage if\nit has given its prior written approval for the expense.\n\n11.23 RECOVERY\n\n1,23.1 If an amount is to be recovered under the terms of the FWC, the contractor must repay the contracting\nauthority the amount in question.\n\n11.23.2 Recovery procedure\n\nBefore recovery, the contracting authority must formally notify the contractor of its intention to recover the\namount it claims, specifying the amount due and the reasons for recovery and inviting the contractor to make\nany observations within 30 days of receipt.\n\nIf no observations have been submitted or if, despite the observations submitted, the contracting authority\ndecides to pursue the recovery procedure, it must confirm recovery by formally notifying a debit note to the\ncontractor, specifying the date of payment. The contractor must pay in accordance with the provisions specified\nin the debit note.\n\nIf the contractor does not pay by the due date, the contracting authority may, after informing the contractor in\nwriting, recover the amounts due:\n\n26",
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"document": "https://fragdenstaat.de/api/v1/document/155665/?format=api",
"number": 27,
"content": "Contract number: Frontex/OP/76/2019/MS\n\n(a) by offsetting them against any amounts owed to the contractor by the Union or by the European\nAtomic Energy Community;\n\n(b) by calling in a financial guarantee if the contractor has submitted one to the contracting authority;\n(c) by taking legal action.\n11.23.3 Interest on late payment\n\nIf the contractor does not honour the obligation to pay the amount due by the date set by the contracting\nauthority in the debit note, the amount due bears interest at the rate indicated in Article I1.21.8. Interest on\nlate payments will cover the period starting on the day after the due date for payment and ending on the date\nwhen the contracting authority receives the full amount owed.\n\nAny partial payment is first entered against charges and interest on late payment and then against the principal\namount.\n\nI1.23.4 Recovery rules in the case of joint tender\n\nIf the contract is signed by a group (joint tender), the group is jointly and severally liable under the conditions\nset out in Article 11,6 (liability). The contracting authority first claims the full amount to the leader of the group.\n\nIf the leader does not pay by the due date and if the amount cannot be offset in accordance with Article 11.23.2\n(a), the contracting authority may claim the full amount to any other member of the group by notifying the debit\nnote already sent to the leader under Article 11.23.2.\n\n11.24 CHECKS AND AUDITS\n\n11,24.1 The contracting authority and the European Anti-Fraud Office may check or require an audit on the\nimplementation of the FWC. This may be carried out either by OLAF’s own staff or by any outside\nbody authorised to do so on its behalf.\n\nSuch checks and audits may be initiated at any moment during the provision of the services and up to\nfive years starting from the payment of the balance of the last specific contract issued under this FWC\n\nThe audit procedure is initiated on the date of receipt of the relevant letter sent by the contracting\nauthority. Audits are carried out on a confidential basis.\n\n11.24.2 The contractor must keep all original documents stored on any appropriate medium, including digitised\noriginals if authorised under national law, for a period of five years starting from the payment of the\nbalance of the last specific contract issued under this FWC.\n\n1.24.3 The contractor must grant the contracting authority’s staff and outside personnel authorised by the\ncontracting authority the appropriate right of access to sites and premises where the FWC is\nimplemented and to all the information, including information in electronic format, needed to conduct\nsuch checks and audits, The contractor must ensure that the information is readily available at the\nmoment of the check or audit and, if so requested, that information is handed over in an appropriate\nformat.\n\n11.24.4 On the basis of the findings made during the audit, a provisional report is drawn up. The contracting\nauthority or its authorised representative must send it to the contractor, who has 30 days following\nthe date of receipt to submit observations. The contractor must receive the final report within 60 days\nfollowing the expiry of the deadline to submit observations.\n\nOn the basis of the final audit findings, the contracting authority may recover all or part of the\npayments made in accordance with Article 11.23 and may take any other measures which it considers\n\nnecessary,\n\n11.24.5 In accordance with Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-\nthe-spot checks and inspection carried out by the Commission in order to protect the European\nCommunities’ financial interests against fraud and other irregularities and Regulation (EU, Euratom)\nNo 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning\ninvestigations conducted by the European Anti-Fraud Office, the European Anti-Fraud Office may carry\nout investigations, including on the spot checks and inspections, to establish whether there has been\nfraud, corruption or any other illegal activity under the contract affecting the financial interests of\nthe Union. Findings arising from an investigation may lead to criminal prosecution under national law.\n\n27",
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"document": "https://fragdenstaat.de/api/v1/document/155665/?format=api",
"number": 28,
"content": "The investigations may be carried out at any moment during the provision of the services and up to\nfive years starting from the payment of the balance of the last specific contract issued under this F wc.\n\n11,24.6 The Court of Auditors has the same rights as the contracting authority, particularly right of access, for\nthe purpose of checks and audits.\n\n28",
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