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use third-party support during the evaluation process. The third-party supporting ECHA shall be bound by confidentiality as laid out in the NDA. 

## 9.2.2. Obligations regarding the contractor(s) (awarded contractors) 

From a general point of view, all the information, reports and other documentation derived from the contractual relationship between the contractor(s) and the Agency shall belong to the Agency. The contractor(s) must in any case guarantee the confidentiality of this information, including the details on the Agency’s net work infrastructure, and other aspects related to the provided services. 

More specifically, confidentiality obligations are laid down in Articles I.17, II.8 of the draft Framework Contract (Annex 2 to the Tender Specifications) , as well as in the Non- Disclosure Agreement annexed to the Framework Contract (see Annex VII to the draft Framework Contract). It is to be noted that this is the only NDA that the Agency and the contractor(s) shall sign. In case changes to the NDA are needed, they must be implemented only after receiving the express written agreement of the Agency. 

In addition, the outside personnel authorised by the Agency to implement Article II.24.3 of the draft Framework Contract shall be bound by confidentiality, as laid out in the NDA. 

## 9.3. Place of performance 

The place of performance of the services under the Framework Contract shall be the Contractor’s premises and/or ECHA’s premises, and any other place as agreed in a specific contract depending on the nature of the tasks. By signing the FWC666, the Contractor accepts to deliver the services at the place requested by ECHA, i.e. off-site and/or on-site and in compliance with the existing applicable policies (e.g. Security). 

The meetings will generally take place either at the Agency’s premises or b e held via remote conferencing (web, phone, video), or exceptionally take place in any other place as agreed in the specific contract. 

When delivering application management services, which include the possibility of significant components of extended service hours, the services within a specific contract may be delivered from several different locations if deemed necessary by the Contractor. The services must nevertheless be fully compliant with the security requirements defined in these Specifications. 

With respect to services (excluding Application Management): 

• Per specific contract, the Agency can accept multiple locations of the Contractor’s resources. However, the Contractor shall request it and demonstrate that they can guarantee smooth implementation of the relevant processes. The request shall follow the escalation procedure (as described in section 6.1 of these specifications) and ECHA can conclude favourably or unfavourably. The decision-making on this matter will ultimately lie with the Agency. 

• Th e Agency requires that Contractor’s staff involved in the implementation of a specific contract shall be reachable via telephone, video conferencing and e-mail during normal working hours. 

## 9.4. Terms of payment 

Payments shall be made in accordance with Articles I.6, I.7, as well as II.21 and II.22 of the draft Framework Contract, and as also detailed in the Specific Contracts. 

The schedule and the procedure for approval of payments and the documents to be submitted will be defined separately in each specific contract depending on the nature of the tasks and duration of the given contract. 

