Quality standards If the contractor fails to provide the service in accordance with the contract (‘unperformed or if it fails to provide the service in accordance with the expected quality levels obligations’) specified in the tender specifications quality the contracting authority may (‘low delivery’), reduce or recover payments proportionally to the seriousness of the unperformed obligations or low quality delivery. This includes in particular cases where the contracting authority cannot approve a report or deliverable as defined in Article I.5 after the contractor has result, submitted the required additional information, correction or new version. A reduction in price may be imposed together with liquidated damages under the conditions of Article II.15. Procedure The contracting authority must the contractor of its intention to reduce formally notify payment and the corresponding calculated amount. The contractor has 30 days following the date of receipt to submit observations. Failing that, the decision becomes enforceable the day after the time limit for submitting observations has elapsed. If the contractor submits observations, the contracting authority, taking into account the relevant observations, must the contractor: notify (a) of the withdrawal of its intention to reduce payment; or (b) of its final decision to reduce payment and the corresponding amount. Claims and liability Any reduction in price does not affect the actual or potential liability or the contractor’s contracting rights under Article II.18. authority’s Suspension by the contractor If the contractor is affected by it may suspend the force majeure, performance of the contract. The contractor must immediately the contracting authority of the suspension. The notify must include a description of the and state when the contractor notification force majeure expects to resume the performance of the contract. The contractor must the contracting authority as soon as it is able to resume notify unless the contracting authority has already terminated the performance of the contract, contract. Suspension by the contracting authority The contracting authority may suspend the or any part of it: performance of the contract
Quality standards If the contractor fails to provide the service in accordance with the contract (‘unperformed obligations’) or if it fails to provide the service in accordance with the expected quality levels specified in the tender specifications (‘low quality delivery’), the contracting authority may reduce or recover payments proportionally to the seriousness of the unperformed obligations or low quality delivery. This includes in particular cases where the contracting authority cannot approve a result, report or deliverable as defined in Article I.5 after the contractor has submitted the required additional information, correction or new version. A reduction in price may be imposed together with liquidated damages under the conditions of Article II.15. Procedure The contracting authority must formally notify the contractor of its intention to reduce payment and the corresponding calculated amount. The contractor has 30 days following the date of receipt to submit observations. Failing that, the decision becomes enforceable the day after the time limit for submitting observations has elapsed. If the contractor submits observations, the contracting authority, taking into account the relevant observations, must notify the contractor: (a) of the withdrawal of its intention to reduce payment; or (b) of its final decision to reduce payment and the corresponding amount. Claims and liability Any reduction in price does not affect the contractor’s actual or potential liability or the contracting authority’s rights under Article II.18. Suspension by the contractor If the contractor is affected by force majeure, it may suspend the performance of the contract. The contractor must immediately notify the contracting authority of the suspension. The notification must include a description of the force majeure and state when the contractor expects to resume the performance of the contract. The contractor must notify the contracting authority as soon as it is able to resume performance of the contract, unless the contracting authority has already terminated the contract. Suspension by the contracting authority The contracting authority may suspend the performance of the contract or any part of it:
05_contract_mar_2017.docx