– AWARD OF CONTRACTS Clause Samples

– AWARD OF CONTRACTS. 9.1 If the beneficiary has to conclude contracts in order to carry out the action and they constitute costs of the action giving rise to a EU grant, s/he shall award the contract to the bid offering best value for money; in doing so s/he shall observe the principles of transparency and equal treatment of potential contractors and shall take care to avoid any conflict of interests. 9.2 Recourse to the award of contracts referred to in paragraph 1 must be justified having regard to the nature of the action and what is necessary for its implementation; The beneficiary shall retain sole responsibility for carrying out the action and for compliance with the provisions of the agreement; the beneficiary must undertake to make the necessary arrangements to ensure that the contractor waives all rights in respect of the Commission under the agreement; The beneficiary must undertake to ensure that the General conditions applicable to him/her under the agreement are also applicable to the contractor.

– AWARD OF CONTRACTS. II.9.1 If the beneficiary has to conclude contracts in order to carry out the action and they constitute costs of the action under an item of eligible direct costs in the estimated budget, he shall seek competitive tenders from potential contractors and award the contract to the bid offering best value for money; in doing so he shall observe the principles of transparency and equal treatment of potential contractors and shall take care to avoid any conflict of interests. II.9.2 Contracts as referred to in paragraph 1 may be awarded only in the following cases: (a) they may only cover the execution of a limited part of the action; (b) recourse to the award of contracts must be justified having regard to the nature of the action and what is necessary for its implementation; (c) the tasks concerned must be set out in Annex I and the corresponding estimated costs must be set out in detail in the budget in Annex II; (d) any recourse to the award of contracts while the action is under way, if not provided for in the initial grant application, shall be subject to prior written authorisation by the Commission; (e) the beneficiary shall retain sole responsibility for carrying out the action and for compliance with the provisions of the agreement. The beneficiary must undertake to make the necessary arrangements to ensure that the contractor waives all rights in respect of the Commission under the agreement; (f) the beneficiary must undertake to ensure that the conditions applicable to him under ▇▇▇▇▇▇▇▇ ▇▇.▇, ▇▇.▇, ▇▇.▇, ▇▇.▇, ▇▇.▇, ▇▇.▇, II.10 and II.19 of the agreement are also applicable to the contractor.

– AWARD OF CONTRACTS. II.9.1. If the beneficiary has to conclude contracts in order to carry out the action and they constitute costs of the action under an item of eligible direct costs in the estimated budget, he shall award the contract to the bid offering best value for money; in doing so he shall observe the principles of transparency and equal treatment of potential contractors and shall take care to avoid any conflict of interests. II.9.2. Contracts as referred to in paragraph 1 may be awarded only in the following cases: (a) they may only cover the execution of a limited part of the action; (b) recourse to the award of contracts must be justified having regard to the nature of the action and what is necessary for its implementation; (c) the tasks concerned must be set out in Annex I and the corresponding estimated costs must be set out in detail in the budget in Annex II; (d) any recourse to the award of contracts while the action is under way, if not provided for in the initial grant application, shall be subject to prior written authorisation by the Commission; (e) the beneficiary shall retain sole responsibility for carrying out the action and for compliance with the provisions of the agreement. The beneficiary must undertake to make the necessary arrangements to ensure that the contractor waives all rights in respect of the Commission under the agreement; (f) the beneficiary must undertake to ensure that the conditions applicable to him under Articles II.1, II.2, II.3, II.4, II.5, II.6, II.10 and II.19 of the agreement are also applicable to the contractor.

– AWARD OF CONTRACTS. To be considered for award, a tender must, at the time of opening, conform to the essential requirements of the notices or tender documentation and be from a supplier which complies with the conditions for participation. If an entity has received a tender abnormally lower than other tenders submitted, it may enquire with the tenderer to ensure that it can comply with the conditions of participation and be capable of fulfilling the terms of the contract.

– AWARD OF CONTRACTS. 6.7.1 Subject to Article 23.1, the Contractor shall award all contracts to the best qualified subcontractor or other Person, including Affiliates of the Contractor, as determined by cost and ability to perform the contract without the obligation to tender and without obtaining the approval of the Ministry (which approval shall be deemed granted under the Hydrocarbons Law), except that before entering into any Material Contract, the Contractor shall: (a) invite tenders for said contract; (b) add to such list any Persons who the Ministry requests; (c) complete the tender process within a reasonable period of time; (d) consider and analyze the details of the bids received; (e) prepare and circulate to the Ministry a competitive bid analysis stating the Contractor’s recommendation as to the Person to whom the contract should be awarded, the reasons therefor, and the technical, commercial and contractual terms to be agreed upon; (f) obtain the approval of the Ministry; and (g) provide the Ministry with a copy of the final executed contract. All amendments and/or variations to a Material Contract shall require the prior approval of the Ministry. 6.7.2 To the extent that the Contractor imports and/or uses any services, materials, equipment, consumables and other goods from outside of Equatorial Guinea in contravention of this Article or Article 23.1, or otherwise enters into a contract in contravention of such Articles, the costs thereof shall not be Petroleum Operations Costs and shall not be cost recoverable by the Contractor. 6.7.3 The Contractor shall submit to the Ministry along with the Annual Work Program a list of the types of contracts or agreements for services that the Contractor foresees entering into during that Year as well as details of those entered into in the previous Year. In addition, the Contractor shall present to the Ministry quarterly a detailed list, including the names, addresses and telephone contacts of the Contractor’s subcontractors and other Persons who have provided goods or services to the Contractor for the conduct of Petroleum Operations during the relevant Quarter.

– AWARD OF CONTRACTS. It is understood and agreed that the City has the absolute right to select any qualified bidder for the award ofcontracts under this Agreement. The bidder need only be willing, ready and able to execute and comply with this Agreement. It is further agreed that this Agreement shall be included in all invitations to bid or solicitations for proposals from contractors or subcontractors for work on the Project that are issued on and after the effective date of this Agreement. 3238-017.ii 5

– AWARD OF CONTRACTS. 11.1 When the implementation of the Operation involves the conclusion of contracts by the Humanitarian Organisation, the contracting arrangements and potential contractors will be as specified in the Operation’s proposal. The Organisation will also inform the Commission, with as much prior notice as possible, of changes in these arrangements. In any case, the Humanitarian Organisation will provide detailed information at this respect in the final report. 11.2 The procurement of any goods, works or services by the Humanitarian Organisation in the context of the Operation shall be carried out in accordance with the rules on procurement in humanitarian operations adopted by the European Commission established in Annex V of the Framework Partnership Agreement. 11.3 In the event of failure to comply with the above provisions the relevant costs shall not be eligible for Community funding.

– AWARD OF CONTRACTS. II.10.1. If a partner has to conclude contracts in order to carry out a work programme and they constitute costs of the work programme under an item of eligible direct costs in the estimated budget of the work programme annexed to a specific agreement, he shall seek competitive tenders from potential contractors and award the contract to the bid offering best value for money; in doing so he shall observe the principles of transparency and equal treatment of potential contractors and shall take care to avoid any conflict of interests. II.10.2. Contracts as referred to in paragraph 1 may be awarded only in the following cases: (a) they may only cover the execution of a limited part of the work programme; (b) recourse to the award of contracts must be justified having regard to the nature of the (c) the tasks concerned must be set out in the Annex of a specific agreement and the corresponding estimated costs must be set out in detail in the budget in estimated budget of the work programme; (d) any recourse to the award of contracts while the work programme is under way, if not provided for in the initial grant application, shall be subject to prior written approval by the Agency; (e) the partner shall retain sole responsibility for carrying out the work programme and for compliance with the provisions of the agreement. The partner must undertake to make the necessary arrangements to ensure that the contractor waives all rights in respect of the Agency under the framework agreement and specific agreements; (f) the partner must undertake to ensure that the conditions applicable to him under Articles II.2, II.3, II.4, II.5, II.6, II.7, II.11, II.20 and II.23 of the framework agreement are also applicable to the contractor.

– AWARD OF CONTRACTS. II.10.1 If the partner has to conclude contracts in order to carry out an action and they constitute costs under an item of eligible direct costs in the estimated budget for the action annexed to the specific agreement, he shall award the contract to the bid offering best value for money; in doing so he shall take care to avoid any conflict of interests. II.10.2 Contracts as referred to in paragraph 1 may be awarded only in the following cases: (a) they may only cover the execution of a limited part of the action; (b) recourse to the award of contracts must be justified having regard to the nature of the action and what is necessary for its implementation; (c) the tasks concerned must be set out in the annex to the specific agreement that describes the action and the corresponding estimated costs must be set out in detail in the estimated budget for the action; (d) any recourse to the award of contracts while the action is under way, if not provided for in the grant application, shall be subject to prior written authorisation by the Commission; (e) the partner shall have sole responsibility for executing the action and complying with the terms of the framework agreement and the corresponding specific agreement. The partner must undertake to make the necessary arrangements to ensure that the contractor waives all rights in respect of the Commission under the framework agreement and/or specific agreement; (f) the partner must undertake to ensure that the conditions applicable to him under Articles II.2, II.3, II.4, II.5, II.6, II.7, II.11 and II.20 of the framework agreement are also applicable to the contractor.