## 17. Rejection from the procedure 

Contracts will not be awarded to tenderers who, during the procurement procedure, are in one of the following situations: 

A. are in an exclusion situation; 

B. have misrepresented the information required as a condition for participating in the procedure or have failed to supply that information; 

C. were previously involved in the preparation of procurement documents used in the award procedure where this entails a breach of the principle of equality of treatment, including distortion of competition that cannot be remedied otherwise. 

## 18. Intellectual Property Right (IPR) 

Please consult the contract for IPR related clauses. 

If the results are not fully created for the purpose of the contract this shall be clearly pointed out by the tenderer in the tender. Information shall be provided about the scope of pre-existing rights, their source and when and how the rights to these rights have been or will be acquired. 

In the tender all quotations or information originating from other sources and to which third parties may claim rights have to be clearly marked (source publication including date and place, creator, number, full title etc.) in a way allowing easy identification. 

## 19. Special negotiated procedure under point 11.1(e) of Annex I to FR 

EMSA may at a later stage exercise the option to increase the estimated value of the contract via negotiated procedure with the successful tenderer in accordance with the provisions of point 11.1 (e) of Annex I to the Financial Regulation. 

