EBA欧洲银行-07-COMM-SER-OP-Clarifications-No.-2_2页_142kb

Open Tender Procedure Clarifications No. 2 Summary

Core Content

This document provides clarifications regarding the European Banking Authority (EBA) Procurement Procedure for Proofreading and Editing Services, specifically addressing sub-contractor requirements in the context of Declaration of Honour and Legal Entity Form submissions.

Main Points

• Document Title: Open Tender Procedure Clarifications No. 2
• Reference: EBA/2015/07/COMM/SER/OP
• Date: 4th February 2016
• Purpose: To resolve ambiguities in the tender procedure related to sub-contractor documentation requirements.

Key Clarifications

1. Declaration of Honour Requirement

• Section 10.2.2 mandates that each tenderer, including any sub-contractor, must provide a Declaration of Honour.
• This implies that the Declaration of Honour is a mandatory requirement for all sub-contractors, regardless of the value of the services they provide.

2. Legal Entity Form Requirement

• Section 10.3.1 states that each sub-contractor is required to submit a Legal Entity Form unless the services provided represent less than 20% of the contract value.
• This clarification resolves a potential contradiction with Section 4.3, which initially suggested that only the name, legal status, and address of sub-contractors were needed, and that documentation could be requested later.
• The EBA confirms that the Legal Entity Form is not required if the sub-contractor provides services worth less than 20% of the contract value individually.

3. Clarification on Collective Sub-contractor Contributions

• If multiple sub-contractors collectively provide services worth less than 20%, then no Legal Entity Form is required for any of them.
• For example, three sub-contractors each providing 10% of the contract value (totaling 30%) would not require Legal Entity Forms, as the collective contribution exceeds 20%.
• However, if each sub-contractor individually provides less than 20%, then no Legal Entity Form is required for any of them.

Summary of Requirements

Conclusion

The EBA clarifies that while all sub-contractors must provide a Declaration of Honour, the Legal Entity Form is only required for sub-contractors whose individual services exceed 20% of the contract value. If sub-contractors collectively provide services below 20%, then no Legal Entity Form is required. This ensures clarity and consistency in the procurement process, particularly in cases involving multiple sub-contractors.