In the event of cancellation of the tender procedure, the Contracting Authority will notify tenderers of the cancellation. If the tender procedure is cancelled before the outer envelope of any tender has been opened, the unopened and sealed envelopes will be returned to the tenderers. 

Cancellation may occur, for example, where: 

- the tender procedure has been unsuccessful, i.e., no suitable, qualitatively or financially acceptable tender has been received or there is no valid response at all; 

- there are fundamental changes to the economic or technical data of the project; 

- exceptional circumstances or force majeure render normal performance of the contract impossible; 

- all technically acceptable tenders exceed the financial resources available; 

- there have been substantial errors, irregularities or frauds in the procedure, in particular if they have prevented fair competition; 

- the award is not in compliance with sound financial management, i.e. does not respect the principles of economy, efficiency and effectiveness (e.g. the price proposed by the tenderer to whom the contract is to be awarded is objectively disproportionate with regard to the price of the market); 

In no event shall the Contracting Authority be liable for any damages whatsoever including, without limitation, damages for loss of profits, in any way connected with the cancellation of a tender procedure, even if the Contracting Authority has been advised of the possibility of damages. The publication of a contract notice does not commit the Contracting Authority to implement the programme or project announced. 

## 21. Privacy Statement 

During a Public Procurement procedure the EIB may get access to certain personal data (information related to an identified or identifiable natural person). EIB’s Privacy statement, available at https://www.eib.org/en/privacy/procurement.htm , provides information about the collection and use of personal data in the context of procurement procedures. 

## 22. Additional information 

The tenderers interested in participating in this tender procedure must be fully aware that in no event shall the Contracting Authority be liable for any damages whatsoever including, without limitation, damages for loss of profits/costs incurred by the tenderer in preparing and submitting his tender, in any way connected with the cancellation of the tender procedure on the ground of the “suspension clause” even if the Contracting Authority has been advised of the possibility of damages. As such, by submitting their tender, the tenderer accepts in full the use of the “suspension clause” in this tender procedure as well as its possible consequences. 

The Consultant is expected to quote the price net of any taxes. 

Under article 22 of the Protocol of the Privileges and Immunities of the European Union ( http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2004:310:0261:0266:EN:PDF ) and article 151(b) of Council Directive 2006/112/EC on the common system of value added tax, the EIB benefits from VAT exemption on its purchases in Member States of the European Union. In its capacity as a Community body, the EIB is not liable to VAT and consequently has no VAT number. An intra-Community VAT exemption certificate (15.10 form) may be provided to you, should you require such document to enable you to justify to the local tax authorities the issuing of an invoice excluding VAT. 

At the same time, note that – even if local tax exemption is obtained – any equipment procured/imported in the beneficiary country/ies to facilitate the technical assistance operation, and which will remain the property of the Contractor after the end of the period of implementation of the contract, might be subject to payment of (residual) local taxes and such taxes are not to be invoiced to the Contracting Authority. 

Any dispute concerning procurement conducted by the EIB would fall under the jurisdiction of the European Court of Justice. 

