Dear Sir or Madam,
Thank you for your question submitted in the context of the current FEED tender procedure.
Question 1)
If the bidder initially intends to execute the FEED study without subcontractors, would it be possible to introduce specialised engineering subcontractors at a later stage during the FEED execution, on a spot basis for specific tasks if the need arises?
Answer to Queston 1)
The subsequent engagement, replacement or addition of subcontractors during contract performance is generally permissible but requires the prior written consent of the contracting authority. Such consent must be obtained before the respective subcontractor is engaged. The contractor has no entitlement to the granting of such consent. Irrespective of any subcontracting arrangements, the contractor shall remain the sole contractual partner of the contracting authority and shall continue to bear full responsibility for the proper, complete and contractually compliant performance of all obligations under the contract. The contractor shall be liable to the contracting authority for the acts, omissions and services of its subcontractors in the same manner as for its own acts and omissions. The Contractor must further ensure that all Subcontractors and any personnel engaged by them comply with all applicable laws, regulations, and other legal requirements, hold all permits, licences, approvals, and authorisations required for the performance of the Services, and maintain adequate insurance coverage in accordance with the requirements set out in the procurement documents, including the Contract. The engagement or replacement of subcontractors must neither adversely affect the proper performance of the contract nor limit the contractor's contractual responsibility and liability. Subcontracting shall be governed exclusively by the contractual provisions and the corresponding requirements set out in the published procurement documents, which shall remain solely applicable*.*
Question 2)
In the case of references provided by a selected subcontractor, should the option
"Subcontractor with suitability lending" be selected under "Role of the company in the
award procedure"?
Answer to Queston 2)
If a bidder submits a reference of a proposed subcontractor in order to demonstrate compliance with specific reference requirements as part of the suitability assessment, the bidder must, among other things, observe the following:
In Form VII, under "Role of the company in the award procedure", the bidder must select "Subcontractor with suitability lending", provided the reference relates to a subcontractor whose capacities are being relied upon.
In Form VII, the name of the subcontractor must be entered together with, in parentheses, the name of the bidder for whom the subcontractor is intended to perform services.
As a general rule, the bidder must identify the respective subcontractors in Form IX, describe the services that each subcontractor is to perform, and make a binding declaration by selecting the appropriate checkbox as to whether the respective subcontracted services constitute a technical/vocational (or economic/financial) suitability loan or not.
If suitability lending has been indicated, the additional forms that must be submitted for the subcontractor (see the relevant instructions in Case 2 and Case 3 of Form IX) must clearly specify, by selecting the appropriate checkboxes, that the information is being provided by the subcontractor acting as the entity providing the suitability loan.
In addition, the bidder must submit the relevant Declaration of Commitment in accordance with Form X (or Form XI), duly signed by the respective subcontractor, together with the request to participate.
Question 3)
Can you clarify as to whether the required Professional Indemnity Insurance coverage of EUR 10 million for each and every claim is a fixed requirement, or whether this amount may be adjusted in line with the final value of the FEED services contract?
Answer to Question 3)
There is no deviation possible from the minimum requirement for insurance coverage with a limit of indemnity of not less than EUR 10 Mio. for each and every claim and in the annual aggregate.