Hand written or electronic signature of the consortium leader who submits the tender is not required, since the signature of the e-Submission ‘Tender Preparation Report’ implies that all included documents are signed by this party. 

## 1.3 LIABILITY OF MEMBERS OF A GROUP 

Partners in a joint offer assume joint and several liability towards the Agency for the performance of the contract as a whole. 

Statements, saying for instance: 

- That one of the partners of the joint offer will be responsible$^{2}$ for only one part of the contract and another one for the rest, or 

- That more than one contract should be signed if the joint offer is successful 

are thus incompatible with the principle of joint and several liability. The Agency will disregard any such statement contained in a joint offer, and reserves the right to reject such offers without further evaluation, because they do not comply with the tendering specifications. 

## 1.4 SUBCONTRACTING 

Subcontracting is permitted in the tender but the contractor will retain full liability towards the Contracting Authority for performance of the contract as a whole. 

If the tenderer intends to subcontract part of the service, they shall indicate in their offer which part will be subcontracted and to what extent (% of the total contract value). 

Tenderers must ensure that Article II.7 of the contract (Annex IV) can be applied to subcontractors. 

Tenderers must give an indication of the proportion of the contract that they intend to subcontract. 

Tenderers are required to identify all subcontractors. 

During contract execution, any change of a subcontractor identified in the tender will be subject to prior written approval of the Contracting Authority. 

## 2. STRUCTURE AND CONTENT OF THE TENDER 

## 2.1 GENERAL 

Tenders must be written in one of the official languages of the European Union. The working language of ENISA is English. 

Tenders must be written in a clear and concise manner, with continuous page numbering. Since tenderers will be judged on the content of their written bids, they must make it clear that they are able to meet the requirements of the specifications/terms of reference. 

