Selection of projects and contracting Clause Samples
The 'Selection of projects and contracting' clause defines the process by which projects are chosen for execution and the subsequent formation of contracts to carry them out. Typically, this clause outlines the criteria for evaluating project proposals, the steps for approval, and the procedures for entering into binding agreements with selected parties. For example, it may specify that only projects meeting certain technical or financial standards will be considered, and detail the negotiation and signing process for contracts. Its core function is to ensure a transparent and systematic approach to project selection and contracting, reducing ambiguity and minimizing the risk of disputes over how projects are chosen and formalized.
Selection of projects and contracting. 6.1 Eligible applicants and partners
1. Eligible applicants are NGOs that are established in the Beneficiary State and fall within the following definition: “A non-profit voluntary organisation established as a legal entity, having a non- commercial purpose, independent of local, regional and central government, public entities, political parties and commercial organisations. Religious institutions and political parties are not considered NGOs.” Eligible applicants shall abide by the principles of democratic values and human rights.
2. The Fund Operator shall, for the purpose of interpreting the definition in paragraph 1, take into account the interpretation contained in section 7.1 of the Manual for Fund Operators of the Active Citizens Fund. In cases of doubt, the Fund Operator shall consult with the FMO.
3. Unless otherwise explicitly stipulated in Annex II, any public or private entity, commercial or non- commercial, as well as non-governmental organisations established as a legal person either in the Donor States, Beneficiary States or a country outside the European Economic Area that has a common border with the Beneficiary State, or any international organisation or body or agency thereof, actively involved in, and effectively contributing to, the implementation of a project is considered an eligible project partner. The project partner shall share with the project promoter a common economic or social goal which is to be realised through the implementation of the project.
4. Informal groups as defined in the Manual for Fund Operators of the Active Citizens Fund, which are legal residents in the Beneficiary State are considered eligible project partners, unless otherwise explicitly stipulated in Annex II.