The user's guide of the framework contract

Last update : 10/09/2002

Framework contract AMS/451 for operational short-term

technical assistance to beneficiary countries

1. INTRODUCTION

This guide, published on the EuropeAid Internet Web site, is intended for the
various users of the framework contract.

In this guide :
- users refers to the initiator of the assignment, the official entitled to sign the
letter of contract and the framework contractors.
- initiator of the assignment refers to the persons who carry out the different
steps of the procedure under the control of the entitled official.
- entitled official refers to the persons entitled to sign the requests for services
and the letters of contract.
- beneficiaries of the assignments refers to the persons requesting assignments
under the framework contract (ex. Technical Ministries of the decentralised
authorities).
These two last categories may be the same.

The instructions that the guide contains must be systematically followed and
scrupulously respected in order to ensure the smooth operation of the framework
contract.

2. PRINCIPLES OF OPERATION

The essential principles which form the basis of the framework contract are:

2.1. Rapid application

Communications and dispatch of documents are carried out by the most rapid
means (Faxes, E-mails, Internet). Consultation of the market lasts 14 calendar
days from the dispatching of a request for services and the letter of contract can
be sent very quickly after receipt of the offers.

2.2. Simplicity

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Documents and procedures are standard. The supporting documents for
assignments are kept by the framework contractor. Only two payments (advance
of 80% and payment of balance) will intervene in each assigment.

2.3. Transparency and the equality of competition

All the documents and statistics necessary for the operation of the framework
contract are published on Internet. All the framework contractor of each lot have
to be consulted equally by the initiators. To this end, statistics on the number of
requests for services sent to each framework contractor and on the letters of
contract concluded with each of them are periodically published by the
contractual services. In order to avoid any distortion of competition, it is
forbidden to indicate the name of an expert to the framework contractors
and them are prohibited from proposing an expert who has been indicated.

2.4. Quality

The range of framework contract prices is sufficiently broad, in each category of

experts, to enable the framework contractor to estimate the fees according to the
specific character of the required profiles and the required experience for each
expert. For each assignment, competition is between three framework
contractors. The evaluation of the profiles proposed by these framework
contractors focuses on the qualities of the CV. Lastly, after each assignment an
assignment performance evaluation sheet of the framework contractor and of the
experts who have carried out the assignment is established.

2.5. The users' responsibility

The initiators of the assignments and the officials entitled to sign the letters of
contract are fully responsible for compliance with the operational rules of the
framework contract, for the signature of the letters of contract, and for the
evaluation of the results of each assignment. At the same time, the framework
contractors are also responsible for compliance with the operation rules. They
must provide sufficient justification of expenditure and the leading company (in
case of a consortium) must keep all the necessary supporting documents at the
disposal of the authorising officer's supervising authorities, financial control and
the Court of Auditors for five years.

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3. SCOPE OF APPLICATION

The object of the framework contract is to contract short-term operational

technical assistance relating to the full project cycle.

Operational : This involves technical assistance on site, in the recipient's country

and in the exclusive interest of the recipient. The framework contract
assignments are, by definition, carried out world wide, on site. In Brussels,
experts can only work very short periods (15 days) intended, if necessary, for the
briefing and debriefing. Accordingly, no assignment carried out in Brussels
can be permitted.

In the short-term : Assignments have a maximum duration of 1 year and a

maximum amount of 199,999. Each assignment has to respect both these
upper limits. Accordingly, it is impossible to request assignments which do not
respect both of these ceilings. In addition, it is not permitted to artificially
divide the assignments in order to respect the ceilings of the framework
contract.

Full project cycle : The objective of the assignments can come under any part of
the project cycle be it identification, feasibility, operational and technical follow-up
assignments, financial and/or contractual monitoring, project evaluation,
technical, financial or contractual audit of the project, technical advice and
support, information and communication, or closure of the project.

The framework contract has a global application. It can be applied to all the
programmes and external aid instruments including Sapard and Ispa, whatever
the country and the area concerned.

As regards the EDF a National Authorizing Officer must give the Commission a
mandate to use the Framerwork contract AMS/451.

The framework contract comprises 11 lots in total. The description of these lots
and the list of the framework contractors selected for each lot are on Internet.

The framework contract is used by all directorates of EuropeAid. Moreover,

under the PHARE programme, it is being used by the Delegations of the
Commission in ten countries and directly by the national contracting authorities
of these same countries. It will be used, at the same time, within the SAPARD
and ISPA programmes.

At a later date, when the EuropeAid computer services have developed an on-
line system, EuropeAid will extend, if possible, the use of the framework contract
progressively to all the Delegations of the Commission and even to a number of
national contracting authorities.

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4. HOW TO USE THE FRAMEWORK CONTRACT

The initiator, who prepares an assignment under the framework contract to

recruit one or more short-term experts, has the following information :

- The list and the description of the content of the Lots.

- The list of the framework contractors selected for each lot, the names and
references of persons appointed within each framework contractor or consortium
to act as an interface with the Commission departments (names, telephones,
faxes etc). Please note that the leading company only, in case of a consortium, is
entitled to intervene in the operation rules of the framework contract.

- The definition of the categories of experts and the price brackets for each
category of experts which the framework contractors have committed themselves
to respecting, as well as the numbers of the bank accounts on which the
advances and the final payments have to be paid.
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- The list of officials entitled to sign the requests and letters of contract .

- The General conditions of the contract that each framework contractor

committed itself to respecting.

- The forms to be used at the various stages of each assignment: request for
provision of services, terms of references, offer, model of CV, offer evaluation
report, letter of contract, assignment evaluation sheet, bank guarantee. And
under decentralised PHARE, the same documents are applicable, adapted to
this specific case. Since the 2nd of May 2001, EuropeAid services have to
use the CRIS Framework contract module to produce these forms.

- The user's guide (i.e. this document).

- The details of the EuropeAid/G/2 framework contract team in charge of co-

ordination, monitoring of the framework contract, Helpdesk services and
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provision of advice and information as well as derogation in exceptional cases .

All these documents are published on the EuropeAid Internet web site. They
are periodically updated (the date of the last update is indicated). New
information is indicated by an icon, for ten days, in order to facilitate the users'
work.

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For decentralised PHARE, the list is not nominative and the officials entitled are the Programme
Authorising Officers (PAO).
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For decentralised PHARE, the requests for derogation are to be sent to the Delegation, which
will forward them to EuropeAid/G/2.

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On all the forms, the words in italic have to be erased and replaced by the data
specific to the assignment concerned. The other words are fixed and do not have
to be amended.

4.1. Request for provision of services

4.1.1. Terms of reference

The initiator of the assignment establishes the terms of reference attached to the
request for services, respecting the plan of the indicated model and not
exceeding a maximum of 5 pages. It is imperative to use the model (order and
contents of the data). However, any additional information considered necessary
can be added.

It is compulsory to strictly respect the maximum 15 days of work per expert at the
Commission in Brussels.

It is important to specify the dates of intervention of the experts as they have to

sign a statement of availability.

4.1.2. Choice of the framework contractors to be consulted

- The initiator chooses three framework contractors from the list of the lot relating
to his assignment. In the boxes at the top of the model request for services,
designed for this purpose, he indicates the name and references for each one of
these three firms.

! ! Attention ! ! Choosing the three framework contractors, the initiator has to take
care to consult the framework contractors in each lot equally. It is therefore
appropriate that, for each assignment, he rotates within each lot.

It is forbidden to contact the framework contractors in advance of sending a

request for assignment.

4.1.3. Request form

4.1.3.1. Part to be filled in by the initiator

The hereunder indications do not concern the initiators who use the CRIS
Framework contract module.

The initiator indicates:

in the heading: the name and references of each of the three framework
contractors selected.

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 in the title : the number of the lot relevant to the assignment. It is not
possible to consult framework contractors from different lots for the purposes
of the same assignment.

in box 1: his own references.

in box 2: the name of the programme (or of the action) relevant to the
assignment.
ex.: PHARE, Meda, Ala Latin America, Ala Asia.
ex. : for the budget lines: AIDS, Environment.

in box : the country, the region and/or the beneficiary organisation.

ex.: Bolivia.

In box 4: the number of the budget line and of the commitment covering the
assignment.

Depending on the case, this could concern:

a) a global commitment covering a number of assignments under the

programme under consideration, in which case, it is advisable to check the
availability of the credits necessary for the assignment which he plans within
the global commitment.

b) a specific commitment concerning a project in which case it is advisable to

check the availability of the credits necessary for the assignment which he
plans within the technical assistance budget foreseen for this project and the
existence of an commitment.

A request for provision of services not covered by a preliminary budgetary

commitment must not be sent to the framework contractors. If in doubt,
check on the availability of the credits with the relevant financial service.
(Depending on the case, the central financial services of EuropeAid, the
delegation of the Commission in the Third countries, the financial services of the
local contracting Authorities).

in box 5: the maximum budget available for the assignment.

in box 6: the nationality of the experts eligible for the programme concerned.
ex.: Nationality from the fifteen Member States + the one from the recipient
state(s) participating in this aid programme.

If in doubt, consult the regulation of the programme to check the applicable

eligibility rules.

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 Only the experts whose nationality is eligible under the programme or
under the action concerned can be employed for the assignment under
consideration.

in box 7: the name of the project or of the action concerned.

in box 8: the number and the category of the experts requested (category I:
15 years of professional experience, category II: 10 years and category III: 5
years).
ex.: one category I expert for 90 days and one category III expert for 120
days.

in box 9: the start date foreseen for the assignment.

ex.: in the above-mentioned case, if the category I expert has to begin the
performance of services on 15 May 2001 and the category III expert, on 1
June 2001, the start date of the assignment is on 15 May 2001. The detailed
timetable of the assignment for each expert has to be specified in the terms
of reference.

The detailed schedule of the assignment for each expert must be clearly
indicated in the terms of reference, particularly if there are discontinuous
periods of services.
ex.: in the above-mentioned case, the category I expert has to perform his
services from 15 May to 15 June (30 days), then from 1 September to 1
November (60 days), i.e. 90 days in total, while the category III expert will
perform his services continuously from 1 June to 30 September (120 days).

in box 10: the duration of the assignment in calendar days. This involves the
effective period of services carried out by the expert providing longest
period of services.
ex.: in the above-mentioned case, 120 days which corresponds to the
effective duration of services provided by the category III expert, the category
I expert working only 90 days.

The maximum duration of services is of 12 months (30 X 12 = 360 j.). This

duration is estimated in terms of the number of calendar days during which
services are provided and not in dates (calendar year).
ex.: an assignment can begin on 1 September 2001 and be completed on 31
August 2002 i.e. 360 days of continuous services, which represents the
maximum possible duration of one year for an assignment under the
framework contract.
However, in the case of discontinuous services, each assignment can only be
performed within the framework of a maximum of two calendar years.
ex.: an 120-day assignment of a category II expert, performed over ten-day
periods, every two months, and starting in January 2002, will not be able to
go beyond the end of 2003.

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The initiator of the assignment transmits the request for services, filled in as
indicated above, with the terms of reference, to the official entitled to sign the
letters of contract.

4.1.3.2. Part to be checked and filled in by the entitled official

The entitled official (or his substitute) checks that:

the document is filled out correctly and includes all the necessary details.

the rotation system for consulting the framework contractors is respected in

order to guarantee fair competition.

that the nationalities eligible are correct

the planned duration of the assignment is less or, at most equal to a year,

the estimated amount of the assignment is maximum 199,999.

the assignment is covered in budgetary terms.

The hereunder indications do not concern the entitled officials who use the CRIS
framework contract module.

the entitled official then:

fills in the number of the request for provision of services.
ex.: Dupont (the entitled official's name), 3 (3rd request for services signed
by the same, AL (area concerned: Latin America), EuropeAid/E/5 (unit of the
initiator of the assignment).

dates and signs the request for services

indicates, in box 11, the deadline for receipt of the offers (the deadline
expires on the same day at 24.00). This date is calculated by adding 14
calendar days from the date of dispatch of the request for services. If this
date is a public holiday, the deadline is postponed until the day after the
public holiday. The date must be indicated on the request for services.

gives a signed copy of the request for services to the initiator of the
assignment.

dispatches a copy of this request and the terms of reference to

EuropeAid/G/2 framework contract team.

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 keeps the original of the request for services and the terms of reference
signed by him in the framework contract file opened for the lot in question
(one file per lot).

The request for services and the terms of reference are sent to the 3 framework
contractors either by fax or by e-mail.

4.2. Offer for services

The 3 framework contractors who receive a request for services acknowledge

receipt of this request to the initiator by fax or e-mail.

4.2.1. Conflict of interest

Please be reminded that incompatibilities (possible conflicts of interests) are

judged on a case by case basis for each assignment. In such cases, the
framework contractors which have been consulted are required to check
immediately if the received request for services is incompatible with contracts
executed by the company or by one or more members taking part in its
consortium. In addition, please remember that if a framework contractor receives
a letter of contract, he and all the members of his consortium shall be excluded
automatically from any participation in the calls for tenders and contracts which
could arise from the assignment and from the letter of contract concerned. The
framework contractors receiving a request for services are therefore kindly
requested to check carefully if they are in such a situation (the checking
procedures are a matter of internal organisation within the consortium and are
the responsibility of the leading firm) and if this is the case, to immediately inform
the initiator, the entitled official and the EuropeAid/G/2 framework contract team
of the situation.

4.2.2. Experts

The 3 framework contractors:

look for the expert(s) who fulfil the terms of reference. In this regard the offer
must comply with the criteria specified in the terms of reference i.e.: the
number of experts, the number of days, the categories of experts, the
eligibility rules as well as any specific conflict of interest.

ask the experts they propose for the assignment in question to sign a
commitment of exclusivity and availability. The commitment must remain valid
until the notification of the results of the offers and for the selected framework

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 contractor until the execution of the assignment. The framework contractor
must keep all these commitments together with the documents concerning
the implementation of the assignment.

Please note that it is prohibited to propose the name of an expert to the

consulted framework contractors. Please also note that the consulted
framework contractors are forbidden to present experts whose name has
been suggested.

4.2.3. Request for clarifications

If in doubt or if clarifications are necessary on the terms of reference, framework

contractors (the leading firm in case of consortium) consult the initiator of the
request by fax or e-mail, copy to the entitled official and to the EuropeAid/G/2
framework contract team.

The initiator of the request who is asked for precise details on the terms of
reference, has to answer the framework contractors query quickly and at the
same time send the response by fax or e-mail to the 2 other framework
contractors consulted in order not to distort fair competition. No further
deadline for submission of offers is given in case of request for clarifications
except if the request for services (including the terms of reference) contains
inconsistencies which means that the request for services could not be dealt
without these clarifications. In this latter case, the time limit of 14 days begins
from the date of sending the clarifications. The answer must be signed and
dated by the entitled official. The entitled official keeps the signed original of the
response in his file and sends a copy of it to the EuropeAid/G/2 framework
contract team.

4.2.4. Offer form

The consulted framework contractor indicates:

in the heading : the name and references of the initiator of the assignment as
well as the number and the date of the request for services.

in the title : the number of the relevant lot and his one name.

in box 1 team composition and fees : the experts' names, their positions
(ex.: project leader, etc), their dates of availability (coinciding with or as close
as possible to the dates requested by the initiator of the assignment), the
category of the experts, the unit price of the day being charged, the number
of days to be charged (corresponding to the number of days asked for in the
request), and the total price per expert and for all the experts.

in box 2 "per diem": the places, numbers of days and flat-rate unit amounts
corresponding to the days the expert works away from his area of residence.

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 These amounts cannot exceed the ceilings published on the web site of
EuropAid.

The rules of the previous framework contracts, which foresaw the

replacement of per diem by lodging allowances, are no longer applicable.

in box 3 "reimbursable costs" : the trips as specified in the terms of reference

per expert, and per location, the number of trips, the estimated unit price of
these trips and the total price. If it is foreseen in the terms of reference, the
quantity and the estimated cost of the expenses relating to car hires, support
staff, and other expenses must also be indicated. The total of the
reimbursable costs has to be clearly indicated.

the overall cost of services (grand total) by adding the total of the fees, per
diem and reimbursable costs. Please note that the maximum budget for
each assignment must be maximum 199,999.

Then the framework contractor signs and dates the offer.

4.2.5. Sending of the offer

Content : the framework contractor sends the offer together with the experts'
CVs (filled in according to the model annexed to the offer and maximum 3
pages) as well as any other necessary documents.

Date: send the offer before the end of the 14-day deadline indicated on the
request for services at point 11 (deadline for the submission of offers). Any
offer received after this deadline will be automatically rejected.

Modalities: the offers are sent by fax or e-mail to the initiator of the
assignment, with a copy to the entitled official and to EuropeAid/G/2
framework contract team.

If the framework contractor decides not to make an offer he has to let him
know the initiator in writing.

4.3. Evaluation of offers

Once the offers have been received, the entitled official nominates 2 people to
evaluate them. (In theory, the initiator of the assignment and another person
designated by the entitled official)

Both evaluators evaluate the offers by using the form offer evaluation report. In
the designated boxes they indicate the number of the lot, the number of the
request for services and the names of the 3 framework contractors.

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It is advisable to do the evaluation within 15 days maximum of the receipt
of the offers because the availibility of the experts could be in question
beyond this period.

4.3.1. Admissibility

The criteria of admissibility of the offers are :

the deadline for the submission of offers has been respected;
the assignment eligibility rules (the experts' nationality) are complied with;
the prices of the fees specified by the framework contractors in their offers
are within the price brackets they committed themselves to respecting for the
corresponding lots and expert categories (consult the framework contract web
site).

If the reply to these 3 questions is yes, the offer is admissible. In the contrary
case, it has to be excluded.

4.3.2. Evaluation

Evaluators then carry out the evaluation of admissible offers on the basis of :

experts dates of availability: they check to see whether or not the experts
dates of availability are acceptable in relation to the deadlines specified in the
request for services.
ex.: an expert available on 15 June instead of the 1st will probably be
acceptable, on the other hand, an expert available only on 1 September
instead of 1 June will probably be rejected.

the technical quality of experts : they then judge the technical quality of the
experts according to the specified quotation scale (excellent - good - average
- insufficient).

the methodology only when it is required in the terms of reference: add

another box for qualitative assessment (excellent - good - average -
insufficient).

the cost of the experts proposed by each framework contractor: the

evaluators compare the total amount of the "fees" in each offers. The
proposed price is only used to decide between the technical offers which
would be equivalent or close. Indeed, the focus is on the quality of the
propositions and therefore on the quality of the expert. If 2 or 3 admissible
offers propose experts of identical or almost similar quality, the price is used
to decide between experts of an equivalent level and help to proceed to the
final choice. The evaluators will have to check the accuracy of the arithmetical
calculations of the offers carefully.

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On the basis of the above-mentioned elements and in the box designated for this
purpose, both evaluators indicate the most advantageous offer in terms of
technical quality of the CVs (if applicable the proposed methodology), the dates
of availability of the experts and the price.

Then, the evaluators indicate their names, date and sign the evaluation sheet
which they then transmit to the official entitled to sign the letters of contract and
to the EuropeAid/G/2 framework contract team.

It is forbidden to award the assignment to different framework contractors

selecting experts from different offers.

4.3.3. Remarks

In the event of a difference of opinion between the two evaluators, the entitled
official can designate a third evaluator who decides between the first two or
decides himself which offer he considers to be the most advantageous one. In
both cases, the third evaluator or the entitled official must also fill in the
evaluation sheet, date and sign it.

Even if only one or two offers, are received or prove admissible by the prescribed
deadline, the letter of contract can be signed under normal conditions insofar as
at least one offer is admissible and fulfils the criteria for quality, availability and
prices. If no offer is admissible or acceptable, the process should be restarted
from the beginning, by questioning three other framework contractors. This new
request must bear the same sequential number.

4.4. Relaunching of the request

The relaunching of a Request for Services for the same assignment, will bear
the same number with the addition of bis, ter or quater etc.

1st example : unfruitful request

When none of the framework contractors has submitted an offer or none of the
offers is satisfying, the initiator may relaunch the request with 3 new framework
contractors of the lot concerned. He needs to change the names and data of the
consulted framework contractors and indicate a new date for submission of
offers. The negative result could have been a result of an erroneous choice of
lot. The chosen lot can be changed, if the lot initially chosen proves to be
unsuitable.

nd
2 example : modification of the request or terms of reference

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When the initiator changes an element of his request or the ToR, before or after
the evaluation, he must consult again the same framework contractors. He
takes the same request number + bis. Note, however, that the letter of contract
corresponding to this request bis cannot be the letter of contract bis.
Ex : The request n Smith2 bis-AL-EuropeAid/E/6 will give the letter of contract
n Smith2-AL-EuropeAid/E/6. If an addendum is introduced for this letter of
contract, it will carry the n Smith2 bis-AL-EuropeAid/E/6.

4.5. The letter of contract

The hereunder indications do not concern the entitled officials who use the CRIS
framework contract module.

Once the evaluation is finished, the initiator of the request fills out the document
"letter of contract". He indicates:

the name and the address of the contact person to whom the letter of
contract is to be sent;

the number of the lot concerned;

the number of the letter of contract (this is the same number as that of the
request for services) and the name of the framework contractor to which the
order is to be transmitted.

in box 1:
the number of the request for services and the date,
the number of the offer and the date,
the number of the commitment.

in box 2: the date(s) of the offer and the total price of the offer in euros (check
the arithmetical calculation of the selected offer in order to be sure that it is
correct) .

in box 4: the commencement date of the assignment (indicated in the offer).

in box 6, on the left-hand side: the person's name, the address, the telephone
number, the fax number, the e-mail of the initiator of the request.

in the same box 6, on the right-hand side: the address of the financial service
responsible for the payment of the advance and final invoice.

boxes 3 and 5 do not require any of the above-mentioned details to be filled

in.

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The initiator of the request passes the letter of contract to the entitled official who
checks it, dates it and signs it.

On the day of signature, the initiator sends to the selected framework contractor
by fax or e-mail a copy of the letter of contract signed by the entitled official + two
originals by mail.

As soon as he receives it, the selected framework contractor

countersigns the two originals, keeps one original for himself and sends back
to the relevant financial service:
one original of the letter of contract countersigned
the original offer signed
the terms of reference initialled

transmits one copy of these three documents to

1) the initiator of the assignment
2) the entitled official
3) for decentralised PHARE: to the Delegation
4) for centralised PHARE: to ENLARG/D/4

The initiator of the request sends a fax or an e-mail to the 2 unsuccessful

framework contractors to inform them.

On receipt of the copy of the signed letter of contract and the accompanying
documents, the selected framework contractor puts the expert (s) into place
within the indicated time and fills in the list of the letters of contract received for
the month under consideration (see the relevant document).

4.6. Payments

4.6.1. Advances

The framework contractor has to send to the financial service :

- the original of the letter of contract countersigned;
- his offer in original;
- the terms of reference signed.
- a request for advance payment
- a financial guarantee if the advance reaches 100.000 (see model for new
article 5 on the EuropeAid framework contract website) except for the
framework contractors who have not signed the amendment to article 5 of the
General Conditions. The latter are governed by old article 5, which means they
must give a guarantee when the cumulated amount of outstanding advances
reaches 500.000 (these guarantees are managed by the contract team
EuropeAid/G/2).

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The relevant financial service proceeds then to the payment of the advance for
the assignment in question, within 60 days after reception of the request for
advance payment , after having :

calculated the amount of the advance (80% of the total amount of the offer);

checked that the letter of contract has been signed by a service entitled to
sign (the list can be found on Internet);

checked the bank account number of the framework contractor concerned

(for the framework contractors which have approved the publication of their
number, the list of accounts can be found on the Internet).

If one of these checking operations gives negative results, the financial

service is requested to immediately inform the framework contractor, the
initiator of the request, the entitled official and the EuropeAid/G/2
framework contract team of this, by fax or e-mail

For the framework contractors to which old article 5 applies and on the basis of
their monthly summary of outstanding advances, the EuropeAid/G/2 framework
contract team will ask each framework contractor to provide a bank guarantee
(see model for old article 5 on the EuropeAid framework contract website) as
soon as the level of its advance reaches the amount of 500,000. A new bank
guarantee will have to be provided if this amount reaches 1,000,000 (see old
article 5 of the General conditions)

4.6.2. Final payment

At the end of each assignment, the framework contractor carrying out the
assignment sends the final report and the final invoice (established on the basis
of the real costs) to the relevant financial service. It registers the invoice, checks
that it has been calculated correctly and sends it together with the final report to
the recipient of the assignment for acceptance.

If the final report and invoice correspond to the services implemented, the
recipient of the assignment accepts the report, fills in the form good for
payment and sends back the invoice with the good for payment to the financial
service.

On reception of the invoice, signed and accepted by the user, the financial
service pays the invoice on the basis of the available credits for the relevant
engagement, after having checked that the indicated bank account is indeed the
one stipulated by the framework contractor (see list on Internet).

4.7. The evaluation of the assignments

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Finally, at the end of each assignment, the recipient of the assignment has to fill
out an evaluation sheet to be sent to the EuropeAid/G/2 framework contract
team with an assessment of the services provided by the firm and the expert(s)
(see model).

Modifications to the letters of contract

During the assignment, any change concerning the assignment has to be

authorised beforehand by the initiator or the entitled official who signed the initial
letter of contract. The same rule applies where the budget is exceeded (for
example exceeding of the estimates for reimbursables) or restructured
(even if the initial total budget is respected). These changes, which should
remain exceptional, should form the basis of a new letter of contract with the
same number followed by bis for the second and ter in the case of a third. The
circuit for these letters of contract, which amend the initial letter, is identical to
the standard circuit for letters of contract. Of course, the operating conditions of
the framework contract (double ceiling in duration and amount, etc) should also
be observed for these modified letters.

1. Changes which can be authorized by the initiator : these are changes which
do not need modifications of the offer or of the letter of contract, ex. : date of
delivery of the final report..

2. Changes which can be authorized by the entitled official : these are changes
which require the signature of a new letter of contract and/or a new offer, ex.:
change of experts, modification of the total amount of the offer or reallocations
within the budget.

4.8. Information to be given by the framework-contractors

Besides the copies of their offers, the framework-contractors have to send on the
first week of each month to the EuropeAid/G/2 framework contract team an
update of their letters of contract and on-going advances.
The use of the corresponding form published on the web site of EuropeAid is
compulsory.

4.9. Exemption and measures of monitoring

In order not to endanger the operation of the framework contract which, in the
long term, will be used simultaneously by hundreds of persons, it is essential that
all the users strictly comply with the above-mentioned instructions and rules.

Any exemption whatsoever to these rules, can only be granted by the

contracts directorate G of EuropeAid (in the event of a need for an

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exemption please contact the EuropeAid/G/2 framework contract team) by
submitting a written request signed by a entitled official or a framework
contractor taking part in the framework contract (for the points which
concern them directly). It goes without saying that these exemptions
should only relate to exceptional circumstances and will only be granted
on a case by case basis on the basis of a written justification.

The operation of the framework contract is based on the concept of direct

responsibility of the users. It is therefore essential that, in the event of a breach
of rules, immediate measures are taken to rectify the situation.

Accordingly, any entitled official who does not respect or who does not ensure
compliance of the operational rules of the framework contract by the initiators of
the assignment under his authority will be prohibited, by the contracts directorate
G of EuropeAid, temporarily or definitively, from using the framework contract. In
such a scenario, the requests for provision of services and the corresponding
letters of contract will have to be signed by a new entitled official designated by
the competent authority, without any guarantee of the application of the
normal deadlines for the operation of the framework contract. This "taking
hostage" of the operations of the framework contract will last until such time as
the requests for services and letters of contract prepared and made by the new
entitled official of the service concerned are in strict compliance with the
operational rules of the framework contract.

Those companies participating in the framework contract which do not comply

with the established operational rules, can be excluded from the framework
contract if the framework contractor continues to disrespect the rules, following a
decision justified by the contracts directorate and after a first letter of warning.

The same will apply if the quality of the services performed during several
successive assignments should prove to be manifestly insufficient and after a
first letter of warning.

This exclusion could also be applied, directly and without notice, if an audit,
carried out within a framework contractor by the services of the Commission or
the European Court of Auditors, shows that the accounts and the supporting
documents are not held and preserved as specified under the General conditions
of the contract i.e. well archived and organised.

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