Procurement Procedure. (a) The Borrower shall procure works, goods and services for the Investment: (i) in accordance with EU Law in general and in particular with the relevant European Union procurement directives, if the latter are applicable; (ii) in accordance with procurement procedures which, to the satisfaction of the Bank, respect the criteria of economy and efficiency and the principles of transparency, equal treatment and non-discrimination on the basis of nationality in case of public contracts not subject to the European Union procurement directives; or (iii) in accordance with procurement procedures which, to the satisfaction of the Bank, respect the criteria of economy and efficiency in case of contracts other than public contracts not subject to the European Union procurement directives. (b) For cases (i) and (ii) of paragraph (a) above, the Borrower shall request in the tender documents or other reference documents for the procurement procedures referred to in sub-paragraph (a) above that the bidder declares whether or not it is subject to any exclusion decision or temporary suspension pursuant to the Exclusion Policy. (c) If a bidder declares to the Borrower prior to the contract award that it is subject to any exclusion decision or temporary suspension covered by the Exclusion Policy, the Borrower shall engage with the Bank in good faith and shall make best efforts in order to: (i) achieve an exclusion of such a bidder under applicable law so that the bidder does not participate in the Investment or, should such an exclusion not be possible, (ii) restructure the scope of the Investment so that no proceeds of the Loan be applied towards any works or services under any contract awarded to that bidder, unless otherwise agreed with the Bank.
Appears in 2 contracts
Sources: Finance Contract (Edap TMS Sa), Finance Contract (Cellectis S.A.)
Procurement Procedure. (a) The Borrower shall procure works, services or goods and services for the InvestmentProject:
(i) in accordance with EU Law in general and in particular with the relevant European Union procurement directives, if the latter are applicable;
(ii) in accordance with procurement procedures which, to the satisfaction of the Bank, respect the criteria of economy and efficiency and the principles of transparency, equal treatment and non-discrimination on the basis of nationality nationality, in case of public contracts not subject to the European Union procurement directives; or
(iii) in accordance with procurement procedures which, to the satisfaction of the Bank, respect the criteria of economy and efficiency in case of contracts other than public contracts not subject to the European Union procurement directives.
(b) For cases of paragraphs (ia)(i) and (ii) of paragraph (aa)(ii) above, the Borrower shall request in the tender documents or other reference documents for the procurement procedures referred to in sub-paragraph Article 6.4(a) (ain each case, for documents dated on or after the date of this Contract) above that the bidder declares whether or not it is subject to any exclusion decision or temporary suspension pursuant to the Exclusion Policy.
(c) If a bidder declares to the Borrower prior to the contract award that it is subject to any exclusion decision or temporary suspension covered by the Exclusion Policy, the Borrower shall engage with the Bank in good faith and shall make best efforts in order to:
(i) achieve an exclusion of such a bidder under applicable law so that the bidder does not participate in the Investment Project or, should such an exclusion not be possible,
(ii) restructure the scope of the Investment Project so that no proceeds of the Loan be applied towards any works or services under any contract awarded to that bidder, unless otherwise agreed with the Bank.
Appears in 1 contract
Sources: Finance Contract
Procurement Procedure. β
(a) The Borrower shall procure works, services or goods and services for the InvestmentProject:
(i) in accordance with EU Law in general and in particular with the relevant European Union procurement directives, if the latter are applicable;
(ii) in accordance with procurement procedures which, to the satisfaction of the Bank, respect the criteria of economy and efficiency and the principles of transparency, equal treatment and non-discrimination on the basis of nationality nationality, in case of public contracts not subject to the European Union procurement directives; or
(iii) in accordance with procurement procedures which, to the satisfaction of the Bank, respect the criteria of economy and efficiency in case of contracts other than public contracts not subject to the European Union procurement directives.
(b) For cases of paragraphs (ia)(i) and (ii) of paragraph (aa)(ii) above, the Borrower shall request in the tender documents or other reference documents for the procurement procedures referred to in sub-paragraph (aArticle 6.4(a) above that the bidder declares whether or not it is subject to any exclusion decision or temporary suspension pursuant to the Exclusion Policy.
(c) If a bidder declares to the Borrower prior to the contract award that it is subject to any exclusion decision or temporary suspension covered by the Exclusion Policy, the Borrower shall engage with the Bank in good faith and shall make best efforts in order to:
(i) achieve an exclusion of such a bidder under applicable law so that the bidder does not participate in the Investment Project or, should such an exclusion not be possible,
(ii) restructure the scope of the Investment Project so that no proceeds of the Loan be applied towards any works or services under any contract awarded to that bidder, unless otherwise agreed with the Bank.
Appears in 1 contract
Sources: Finance Contract