Service – Framework Contract

CALL FOR TENDER No FRA2-2007-3200-T03
Racism and social marginalisation: possible pathways to violent radicalisation
ANNEX B
DRAFT FRAMEWORK SERVICE CONTRACT

The European Union Agency for Fundamental Rights (FRA) (hereinafter referred to as "the Contracting Authority"), and with its seat at Rahlgasse 3, Vienna 1060, Austria, which is represented for the purposes of the signature of this Framework Contract by Dr Beate Winkler, Interim Director,

and

Contractor’s Official Name

Contractor’s Legal Form

Contractor’s Registration Number

Contractor’s Address

Contractor’s Registration Number

(hereinafter referred to as "the Contractor[1]"), represented for the purposes of the signature of this Framework Contract by Title & Full Name.


HAVE AGREED

the I Special Conditions and the II General Conditions below and the following Annexes:

Annex I Tender Specifications (Invitation to Tender No FRA2-2007-3200-T 03 of [complete]) – Original archived at the Contracting Authority’s premises

Annex II Contractor's Tender (No [complete] of [complete]) – Original archived at the Contracting Authority’s premises

Annex III Specific Contract – Purchase Order.

Annex IV Financial Identification form and Legal entities.

Annex V - Specific Contract – Draft Template

Annex VI List of Services covered by the Contract and schedule of prices.

which form an integral part of this contract (hereinafter referred to as “the Contract”).

-  The terms set out in the Special Conditions shall take precedence over those in the other parts of the Contract.

-  The terms set out in the General Conditions shall take precedence over those in the Annexes.

-  The terms set out in the Contract shall take precedence over those in the Specific Contracts and Purchase Orders.

-  The terms set out in the Tender Specifications (Annex I) shall take precedence over those in the Tender (Annex II).

Subject to the above, the several instruments forming part of this Contract are to be taken as mutually explanatory. Ambiguities or discrepancies within or between such parts shall be explained or rectified by a written instruction issued by the Contracting Authority, subject to the rights of the Contractor under Article 0 should he dispute any such instruction.

PREAMBLE

On [complete], the Contracting Authority published, in the Official Journal of the European Communities, a call for tenders under reference [complete], for the provision of services or for the supply of products for the [tender’s short description].

The Contractor was selected, as the first or second or third… contractor of a multiple contract at the conclusion of the evaluation process, on the basis of its bid submitted on .../../200.. in response to the invitation to tender.

This Framework Contract contains all the conditions for concluding and executing Specific Contracts. Please note that reference to Specific Contracts in the different parts of the Framework contract may be understood, where relevant, as references to Purchase Orders.

I SPECIAL CONDITIONS

I.1 SUBJECT

I.1.1 The subject of the Contract is:

To undertake survey research on young Muslims and non-Muslims in three EU Member States based in schools and other educational establishments, to explore experiences of discrimination, social marginalisation and alienation, including racism, as possible explanatory factors, among others, influencing attitudes and potentially action in support of violent radicalisation. To present the results of the research as a policy-relevant and accessible report based on an analysis and comparison of the survey’s results in each Member State. The research’s final report must present concrete proposals for action that could be implemented at the level of individual Member States or the EU.

The Products and Services covered by this Contract are listed in Annex I [and Annex II].

I.1.2 Upon implementation of the Contract, the Contractor shall provide the services related to them in accordance with the Tender Specifications annexed to the Contract (Annex I) and his specific Tender (Annex II).

I.1.3 The Contract does not confer on the Contractor any exclusive right to supply the products or to provide services referred to in the above paragraph.

I.1.4 Signature of the Contract imposes no obligation on the Contracting Authority to purchase. Only the implementation of the Contract through Purchase Orders and Specific Contracts is binding on the Contracting Authority.

I.1.5 All Specific Contracts and Purchase Orders implementing the Contract shall conform to the terms set out therein.

I.2 DURATION

I.2.1 The Contract shall enter into force on the date on which it is signed by the last contracting party.

I.2.2 Under no circumstances may implementation commence before the date on which the Contract enters into force. Specific Contracts may under no circumstances be placed before the date on which the Contract enters into force.

I.2.3 The Contract is concluded for a period of one (1) year with effect from the date on which it enters into force. This contractual period and all other periods specified in the Contract are calculated in calendar days unless otherwise indicated.

I.2.4 The Specific Contracts pursuant to the Contract shall be returned and signed before the contract to which they refer expires.

The Contract shall continue to apply to Specific Contracts executed after the Contract expires. Such Specific Contracts shall be executed no later than six (6) months after expiry of the contract.

I.2.5 The Contract shall be renewed automatically one (1) time for a period of one (1) year, under the same conditions, unless written notification to the contrary is sent by one of the contracting parties and received by the other before expiry of the period indicated in Article 0. Renewal does not imply any modification or deferment of existing obligations.

I.3 PRICES

I.3.1 The prices of this contract shall be as listed in Annex II.

Prices shall be expressed in euro.

I.3.2 Prices shall be fixed and not subject to revision for Specific Contracts placed during the first year of performance of the Contract or Amendment. From the beginning of the second year of performance of the Contract or Amendment, prices may be subject to revision on the basis of indexation.

Prices may be revised upwards or downwards each year, where such revision is requested by one of the contracting parties by registered letter no later than 31st July in order that the new rates may take effect on 1st January of the following year. Specific Contracts shall be placed on the basis of the prices in force on the date on which they are signed. Such prices shall not be subject to revision.

This revision shall be determined by the trend in the harmonised consumer price index EICP (EU-25) published for the first time by the Office for Official Publications of the European Communities in the Eurostat New Cronos Database (Theme2 Economy and Finance; Price – Prices and Purchasing Power Parities; HICP – Harmonized Indices of Consumer Prices; HMIDX – Monthly data index).

Revision shall be calculated in accordance with the following formula:

Ir
Pr=Po ( — )

Io

where:

Pr = revised price;

Po = price in the original tender;

Io = index for the month corresponding to the final date for submission of tenders;

Ir = index for the month corresponding to the date of receipt of the letter requesting a revision of prices.

I.4 IMPLEMENTATION OF THE CONTRACT

I.4.1 Within ten (10) working days of a request for services being sent by the Contracting Authority to the Contractor, the Contractor shall return an estimate of the resources to be allocated for its execution, with particulars in support. Should the Contractor be unavailable, he shall give reasons for refusal within the same period and the Contracting Authority shall be entitled to send a request to the next contractor on the list. In the event of failure to observe this deadline or disagreement on the allocation of resources, the Contractor shall be considered unavailable.

Within five (5) working days of a demand for conclusion of a Specific Contract being sent by the Contracting Authority, the Contractor shall return it, duly signed and dated. In the event of failure to observe this deadline, the Contractor shall be considered unavailable.

I.5 PAYMENT PERIODS

Payments under the Contract shall be made in accordance with Article II.5. Payments shall be executed only if the Contractor has fulfilled all his contractual obligations by the date on which the invoice is submitted. Payment requests may not be made if payments for previous purchase orders or specific contracts have not been executed as a result of default or negligence on the part of the Contractor.

I.5.1 Pre-financing

Within thirty (30) days of:

-  the date on which the Contractor returns the Specific Contract or the Purchase Order and the relevant invoice, indicating the reference number of the Contract and of the Specific Contract to which it refers,

a pre-financing payment of 30 % of the total value of the order of Specific Contract shall be made.

I.5.2 Interim payment

Requests for interim payment by the Contractor in accordance with the instructions laid down in Annex I shall be admissible if accompanied by:

-  the relevant invoices, indicating the reference number of the Contract and of the order or specific contract to which they refer.

-  the interim technical report in accordance with the instructions laid down in Annex I

Provided the report has been approved by the Contracting Authority.

The Contracting Authority shall have twenty (20) days from receipt to approve or reject the report, and the Contractor shall have ten (10) days in which to submit additional information or a new report.

Within thirty (30) days of the date of receipt of the relevant invoice(s)] or [of the date on which the report is approved by the Contracting Authority, an interim payment corresponding to the relevant invoices equal to 50 % of the total amount referred in the relevant order or specific contract shall be made.

I.5.3 Payment of the balance

The request for payment of the balance of the Contractor shall be admissible if accompanied by:

-  the relevant invoices, indicating the reference number of the Contract and of the Purchase Order or Specific Contract to which they refer,

-  when payment is linked to acceptance, a Certificate of Conformity or where applicable the Consignment Note, duly signed by the Contracting Authority, shall be attached to the invoice,

-  the final technical report in accordance with the instructions laid down in Annex I

provided the report has been approved by the Contracting Authority.

The Contracting Authority shall have twenty (20) days from receipt to approve or reject the report, and the Contractor shall have ten (10) days in which to submit additional information or a new report.

Within thirty (30) days of the date of receipt of the relevant invoice or [the date on which the report is approved by the Contracting Authority, payment of the balance corresponding to the relevant invoices shall be made.

I.6 PERFORMANCE GUARRANTEE

Performance guarantee for each Order issued - discharge after payment of the balance

A retention sum performance guarantee shall be constituted by deduction[s] of 10% of the total value of the Specific Contract concerned. It shall be withheld for up to six months from the date of payment of the balance of the Order. It shall cover execution of the Purchase Order in accordance with the terms set out in Annex I.

I.7 BANK ACCOUNT

Payments shall be made to the Contractor’s bank account denominated in euro, stated in the Contractor’s financial identification form set out in Annex IV as follows:

Name of bank: [complete]

Address of branch in full: [complete]

Exact designation of account holder: [complete]

Full account number including codes: [complete]

IBAN code: [complete]

I.8 GENERAL ADMINISTRATIVE PROVISIONS

Any communication relating to the Framework Contract shall be made in writing and shall bear the Framework Contract and Specific Contract reference numbers. Ordinary mail shall be deemed to have been received by the Contracting Authority on the date on which it is registered by the department responsible indicated below. Communications shall be sent to the following addresses:

Contracting Authority:

European Union Agency for Fundamental Rights

to the attention of Mr/Ms Xxxxxx Xxxxxxx

Rahlgasse 3,

Vienna 1060

Austria

Contractor:

Mr/Ms Full Name

Function

Company name

Contact address in full

The following persons are empowered to supervise the performance of this Contract for the FRA:

Constantinos Manolopoulos Head of Administration

The following person(s) is(are) empowered to perform this Contract for the Contractor:

………………………………… …………………………………

………………………………… …………………………………

I.9 APPLICABLE LAW AND SETTLEMENT OF DISPUTES

I.9.1 The Contract shall be governed by the national substantive law of Austria.

I.9.2 Any dispute between the parties resulting from the interpretation or application of application of the Contract which cannot be settled amicably shall be brought before the Court of Justice of the European Communities.

I.10 DATA PROTECTION

I.10.1 Any personal data included in or relating to the Contract will be processed in accordance with the requirements of Regulation (EC) 45/2001 of the European Parliament and the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ No L8, 12.1.2001, p. 1). The data will only be processed for the purposes of the performance, management and follow up of the Contract by the contracting authority without prejudice to a possible transmission to the bodies in charge of a monitoring or inspection task in conformity with Community law. The Contractor may, upon request, obtain the communication of his personal data and rectify any inaccurate or incomplete personal data. Should the Contractor have any queries concerning the processing of his personal data, he shall address them to the FRA’s Data Protection Officer. As regards the processing of his personal data, the Contractor has a right of recourse at any time to the European Data Protection Supervisor.

I.10.2 When processing personal data on behalf of the Contracting authority in the performance of the Contract the Contractor:

(a) shall act only on instructions from the contracting authority;

(b) shall comply with the obligations set out in Articles 21 and 22 of Regulation (EC) 45/2001 on the confidentiality and the security of processing unless, by virtue of Article 16 or Article 17(3), second indent, of Directive 95/46/EC, the Contractor is already subject to obligations with regard to confidentiality and security laid down in the national law of one of the Member States.