EBA欧洲银行-Clarifications-3-and-Corrigendum-1-EBA-Stress-Test-0142-_2页_129kb

Open Tender Clarifications 3 and Corrigendum 1 Summary

Core Content

The document titled "Open Tender Clarifications 3 and Corrigendum 1" is related to the European Banking Authority (EBA)'s procurement procedure for consultancy services for its stress tests. It addresses specific questions raised by tenderers during the clarification phase and provides responses to ensure clarity and alignment with the EBA's requirements.

Main Questions and EBA Responses

Question 1: Use of Financial Advisory Services Agreement

• Question: Can the EBA use the financial advisory services agreement that has been used in similar engagements with global and European official institutions?
• EBA Response: No. The EBA does not accept the use of such agreements. Tenderers are directed to refer to Article 7 of the Invitation Letter and Article 11 of the Instructions to Tender for further details on the terms and conditions applicable to the contract.

Question 2: Adjudication Forum for the Services Contract

• Question: Can the EBA provide additional information on why the Court of Justice of the European Union (CJEU) is the adjudication forum for the Services Contract?
• EBA Response: The EBA has issued Corrigendum 1, which amends Article I.7.2 of Annex IV Draft Contract. The revised article states that any dispute arising from the interpretation or application of the contract, which cannot be resolved amicably, shall be brought before the courts of England, not the CJEU.

Key Information

• Reference No.: EBA/2012/014/OVS/SER/OP
• Date: 17th August 2012
• Document Type: Open Tender Clarifications and Corrigendum
• Purpose: To clarify and amend the terms of the EBA's procurement procedure for consultancy services related to stress tests.
• Scope of Changes:
  • Clarification 3 provides responses to specific questions raised by tenderers.
  • Corrigendum 1 amends Article I.7.2 of the Annex IV Draft Contract to specify the courts of England as the adjudication forum for disputes.

Summary of Key Points

• The EBA has clarified that it will not accept the use of a financial advisory services agreement previously used in other engagements.
• Tenderers are advised to refer to Article 7 and Article 11 of the relevant documents for the terms and conditions applicable to the consultancy services contract.
• A corrigendum was issued to correct the adjudication forum in the draft contract. The revised clause now specifies that disputes will be resolved in the courts of England, not the CJEU.
• The changes reflect the EBA's effort to ensure that the contractual terms are clear, consistent, and appropriate for the specific nature of the consultancy services required.

Conclusion

This document is a critical part of the procurement process for consultancy services related to the EBA's stress tests. It provides necessary clarifications and amendments to the contract terms, ensuring that tenderers understand the expectations and legal framework governing the engagement. The EBA has made it clear that the contract will not be based on previously used agreements and has corrected the adjudication forum to the courts of England. These changes are essential for ensuring a transparent and legally sound procurement process.