SGC articles

Applicable conditions

Terms of award

☒ Contract to a single Supplier

☐ Contract to multiple Suppliers (ranking – cf. TR App. 1)

☐ Contract to multiple Suppliers (pooling – cf. TR App. 1) – awarding methodology :

Article 9.1 and 9.2

Price update/revision

☒ In accordance with Article 9.1.1 SGC, general rules, the prices are deemed to be firm and in principle are not revisable during the entire duration of the contract

☐ By derogation from Article 9.1.1 SGC and in accordance with Article 9.2.2 SCC, prices may be revised according to the following periodicity and formula: ………………

The revision is understood as not falling within the flat-rate basis and applies only to additional orders.

Article 10.2

Advances

☒ The contract does not provide for any payment of advances

☐ The contract provides for an advance on payment under the following conditions: ......................................................

☐ Not applicable

Article 10.9.1

Final payment and final partial payments

☒ Not applicable

☐ The contract provides for a partial payment of the services after performance of: .......

Article 13

Penalties

☐ By derogation from Article 13, the contract does not provide for penalties

☒ Penalties for delay are calculated according to the formula indicated to the SGC the amount of the penalty being fixed at 350 euros per day

☐ Penalties for non-quality are set at

Notwithstanding the foregoing, the Commission reserves the right to seek compensation for any damage caused by incidents of delay.

Article 18.1

Storage

☐ The contract does not provide for any storage obligation by the Provider

☒ The contract provides for an obligation to be stored by the Provider on its own premises

☐ The contract provides for an obligation to be stored by the Provider on the premises of the Council

Article 29.3

Guarantee

☒ During guarantee period, the Provider must respect the following deadlines for carrying out repairs / developments:  1 year

☐ During guarantee period, the Provider must respect the same deadlines as the contractual deadlines indicated in the technical specifications of the contract

☐ There is no warranty period

Article 29.6

Guarantee of compliance of standard software

☐ There is no guarantee of conformity

☒ In accordance with Article 29.6 SGC, the Provider guarantees the conformity of the standard software with the technical specifications of the contract

Article 32

Termination of the provision of deliverables

☒ The contract does not provide a transition period

☐ The contract provides a transition period, the amount of which  is fixed in the financial documents of the contract

Article 36.2

Availability of source codes

☐ The source codes are available under the following conditions : ........

☐ By derogation from Article 36.2 SGC, source codes are not accessible

☒ The contract does not refer to source codes

Article 37

Rules governing intellectual property rights or rights of any nature relating to results not involving standard software

☒ Option B article 37.2.4 is completed by the following: The service provider shall transfer the full intellectual property rights over all deliverables delivered under this framework contract to the Council of Europe. The transfer of intellectual property rights shall apply worldwide and shall be valid for the duration of protection by the applicable intellectual property rights law.

☐ Option A – In the case of software licences, the technical documents shall specify the number of copies or users of the software and the future evolution of this number for the Council of Europe.

The technical  details of sub-articles 37 A or B (depending on the option chosen) are included in the technical specifications

Article 42

Termination for reasons of general interest

☒ By derogation from Article 42 SGC, no compensation is provided for in the event of termination for reasons of public interest, including as a result of a decision of the Committee of Ministers of the Council of Europe.

☐ In accordance with Article 42 SGC, the Service Provider may claim a termination indemnity obtained by applying a percentage of 5% to the initial amount excluding taxes of the contract, less the unrevised amount excluding taxes of the services received. 

☐ In accordance with Article 42 SGC, the Service Provider may claim a termination indemnity obtained by applying to the initial amount excluding taxes of the contract, less the unrevised amount excluding taxes of the services received, a percentage of ..................  %

Language prevalence

☒ When the contract is written in several languages, the English version prevale in case of any contradiction or translations issues of the contacts’ clauses

☐  As an exception, the …………….. version prevale in case of any contradiction or translation issues of the contracts’ clauses