BEI Ref. Ares(2016)6517572 - 21/11/2016

SERVICE CONTRACT FOR EUROPEAN UNION EXTERNAL ACTIONS
N° T05-EUTF-REG-NAFR-02-01
FINANCED FROM THE EU EDF

European Union, represented by the European Commission,
B-1049 Brussels, Belgium,

(‘the Contracting Authority’),
of the one part,
and

International Centre for Migration Policy Development
Gonzagagasse 1, 5th floor,

1010 Vienna,

Austria

Official registration no: Austrian MFA 1003170000.
(“the Contractor’)

of the other part,

have agreed as follows:

PROJECT <Development of a Monitoring and Evaluation Framework for the North of Africa
Window of the EU Emergency Trust Fund for Africa>

CONTRACT TITLE <EUTF NA Monitoring and Evaluation Framework>

(1) Subject

1.1 The subject of this Contract is < EUTF NA Monitoring and Evaluation Framework >
done in Brussels with identification number < T05-EUTF-REG-NAFR-02-01> (‘the
services’).

1.2 The contractor shall execute the tasks assigned to him in accordance with the Terms
of Reference annexed to the Contract (Annexe ID)

(2) Contract value

This Contract, established in EURO, is a global price contract. The contract value is Euro
187,040, hundred eighty seven thousand and forty euros.

(3) Order of precedence of contract documents

The following documents shall be deemed to form and be read and construed as part of this
Contract, in the following order of precedence:

— the contract agreement;
— the Special Conditions

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the General Conditions (Annex D);

the Terms of Reference (Annex D)
Organisation & Methodology (Annex II);
The Budget (Annex V);

LEF and BAF (Annex VD

The various documents making up the contract shall be deemed to be mutually
explanatory; in cases of ambiguity or divergence, they shall prevail in the order in
which they appear above. Addenda shall have the order of precedence of the document
they are amending.

(4) Language of the contract

The language of the contract and of all written communications between the Contractor and
the Contracting Authority and/or the Project Manager shall be English.

(5) Other specific conditions applying to the Contract

Done in English in two originals, one original for the European Commission, and one

 
 
  

original for the Contractor.
For the Contractor For the Contracting Authori
Name: Michael Name:
Spindelegger

Title: Director
General

 
   
 

Signature:

Date:

SPECIAL CONDITIONS

These conditions amplify and supplement the General Conditions governing the Contract. Unless
the Special Conditions provide otherwise, the General Conditions remain fully applicable. The
numbering of the Articles of the Special Conditions is not consecutive but follows the numbering
of the General Conditions. Exceptionally, and with the approval of the competent European
Commission departments, other clauses can be indicated to cover particular situations.

Artide2 Communications

2 Any communication relating to the contract shall be sent to:

For the Contracting Authority

European Commission

Directorate-General for Neighbourhood and Enlargement Negotiations (DG NEAR)
B-1049 Brussels/ Belgium

For the attention of Pen]

Copies of the documents referred to above, and correspondence of any other nature, shall be sent
to:

Directorate-General for Neighbourhood and Enlargement Negotiations (DG NEAR)
BRU-J-54 04/225 B-1049 Brussels/ Belgium

For the attention o window

For the Organisation

For the attention of:

ICMPD Headquarters
Gonzagagasse 1, 5th floor, 1010 Vienna, Austria

Article 4_ Subcontracting
4.9 Not applicable

Article7 General Obligations

7.8 Not applicable

Article 12 - Liabilities
12.2 Not applicable

Article 13 - Insurance

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13.2 a)

13.2 b)

By derogation from Article 13.2 a) of the general conditions, on the date of signature of the
contract by both parties, the Contractor shall ensure that itself, its staff, its subcontractors
and any person for which the Contractor is answerable, are adequately insured with
insurance companies recognized on the international insurance market, unless the
Contracting Authority has given its express written consent on a specific insurance
company.

By derogation from Article 13.2, b), paragraph 1 of the General Conditions it is, within one
month after signature of the contract by both parties that the Contractor shall provide the
Contracting Authority with all cover notes and/or insurance certificates showing that the
Contractor's obligations relating to insurance are fully respected.

Article 19 Implementation of the tasks and delays
19.1 The start date for implementation shall be on the date of signature of the contract by two

parties.

19.2 The period for implementing the tasks is 18 weeks from the start date.

Article 26 Interim and Final Reports

The Contractor shall submit progress reports as specified in the Terms of Reference.

Article 27 Approval of Reports and Documents

27.5 The Contracting Authority shall, within 45 days of receipt, notify the Contractor of its

decision concerning the documents or reports received by it, giving reasons should it reject
the reports or documents, or request amendments. If the Contracting Authority does not give
any comments on the documents or reports within the time limit, the Contractor may request
written acceptance of them. The documents or reports shall in any case be deemed to have
been approved by the Contracting Authority if it does not expressly inform the Contractor of
any comments within 45 days of the receipt of the documents or reports.

Article 28 Expenditure verification
28.2 Not applicable

Article 29 Payment and interest on late payment

29.1

Payments shall be made in accordance with the following the option:

Option 2: Global price contract

February Final payment 112,224
2016 |

Total

 

| The Contractor is not obliged to ask for pre-financing.

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29.3 Not applicable

29.5 Payments shall be made in euro in accordance with Articles 20.6 and 29.4 of the General
Conditions into the bank account notified by the Contractor to the Contracting Authority.

Article 30 Financial Guarantee

30.1 When the pre-financing requested is equal or below EUR 300 000 and subject
to a positive risk assessment by the Contracting Authority, by derogation from
article 30 of the General Conditions no pre-financing guarantee is required.

Article 40 Settlement of disputes and Article 41 Applicable law
Articles 40.3, 40.4 and 41.1 of the General Conditions shall be replaced by the following:

In default of amicable settlement, the parties may refer the matter to arbitration in
accordance with the Permanent Court of Arbitration Optional Rules for Arbitration
Involving International Organisations and States in force at the date of conclusion of this
Agreement. The appointing authority shall be the Secretary General of the Permanent Court
of Arbitration following a written request submitted by either Party. The Arbitrator’s
decision shall be binding on all Parties and there shall be no appeal.

Article 42 Data Protection

Not applicable

Article 43 Further additional clauses

Not applicable

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