• Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001. 

Particular attention needs to be paid to transparency conditions that are applicable to the Agency, as they emanate from the following instrument: 

• Article 15 of the Treaty of the Functioning of the European Union (TFEU). 

• Regulation (EC) No. 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents. 

## 11. MARKING OF SUBMITTED DOCUMENTS 

The tenderer SHOULD NOT mark tender documents (for e.g. the header or footer) with any of the following words: RESTRICTED, CONFIDENTIAL, SECRET or TOP SECRET. If the tenderer considers that such markings are required, a prior approval from the ENISA Procurement Coordinator should be obtained BEFORE sending the tender documents. The tenderer should be aware that the information sent to ENISA for procurement purposes is handled in accordance with the governing rules for EU Public Procurement and the EU Financial Regulation framework. 

## 12. PRICE 

Prices submitted in response to this Tender must be inclusive of all costs involved in the performance of the contract. Prices shall be submitted only in Euro and VAT excluded. 

## 13. PRICE REVISION 

The price quoted must be fixed and not subject to revision during the first year of performance of the contract. From the beginning of the second year of performance of the contract, prices may be revised in accordance with Article I.3.3 of the framework contract. 

## 14. COSTS INVOLVED IN PREPARING AND SUBMITTING A TENDER 

ENISA will not reimburse any costs incurred in the preparation and submission of a Tender. Any such costs must be paid by the Tenderer. 

## 15. PERIOD OF VALIDITY OF THE TENDER 

Tenderers must enclose a confirmation that the prices given are valid for (90) ninety days from the date of submission of the tender. 

