Question 1
If several companies have entered into a signed Memorandum of Understanding governing their cooperation during the prequalification and potential tender phases. Form I appears to establish binding obligations concerning the future consortium, including joint and several liability, payment arrangements, and the authority of the lead consortium member.
Could you please confirm whether Form I must be executed in its prescribed form as part of the prequalification submission, or whether the signed Memorandum of Understanding may be submitted as an alternative or supporting document?
If Form I is mandatory, please confirm whether qualifications or amendments to its wording are permitted at this stage, whether it may instead be executed during the tender or contract award phase, and whether the obligations set out in Form I would remain subject to the exclusions and aggregate liability cap to be agreed under the final contract.
Answer to question 1
Applicants applying as a consortium are required to comply with the obligations set out in Form I and to submit Form I, duly executed and in its prescribed form, as part of their prequalification submission. Form I is mandatory for consortium applicants and must be submitted in its original, unamended form. No qualifications, amendments, additions, deletions or other modifications to the wording of Form I will be accepted. The Contracting Authority emphasizes that applicants have been provided with all material information currently available and relevant to the procurement procedure, including e.g. the draft contract and the scope of work. Accordingly, applicants are in a position to fully assess the procurement requirements and any commitments associated with the submission of Form I.
The draft contract shall form the contractual basis for all applicants, including any consortium, who are therefore expected to accept the rights and obligations set out therein.