SACS: Special Administrative Clauses and Specifications · SACS: Special Administrative Clauses and...

EP/DGPRES/SEC/SER/2013-019 of 34

DIRECTORATE FOR SECURITY AND RISK ASSESSMENT

TECHNICAL SECURITY UNIT

______________________

OPEN INVITATION TO TENDER EP/DGPRES/SEC/SER/2013-019

MAINTENANCE AND OPERATION OF GENERAL SECURITY INSTALLATIONS ON THE SITE OF THE EUROPEAN PARLIAMENT IN

LUXEMBOURG

SPECIFICATIONS

______________________

SACS: Special Administrative Clauses and Specifications


1 GENERAL POINTS______________________________________4

1.1 Subject of the contract ______________________________________________4

1.2 Prices of services___________________________________________________4

1.3 Obligations applicable to the parties ___________________________________5

1.3.1 European Parliament’s obligations ________________________________________ 5

1.3.2 Contractor’s obligations _________________________________________________ 6

1.4 References to standards _____________________________________________6

2 SERVICES_____________________________________________7

2.1 GENERAL _________________________________________________________7

2.1.1 Quality management ___________________________________________________ 7

2.1.2 Environmental management _____________________________________________ 7

2.1.3 Compliance monitoring _________________________________________________ 7

2.1.4 Technology monitoring _________________________________________________ 7

2.2 MAINTENANCE_____________________________________________________8

2.2.1 General points ________________________________________________________ 8

2.2.2 Maintenance strategy __________________________________________________ 8

2.2.3 Maintenance manual ___________________________________________________ 8

2.2.4 Preventive maintenance ________________________________________________ 9

2.2.5 Corrective maintenance________________________________________________ 10

2.2.6 Goods guarantee _____________________________________________________ 11

2.2.7 Stock management ___________________________________________________ 11

2.2.8 Quality of materials, supplies and components employed _____________________ 12

2.3 OPERATION ______________________________________________________12

2.3.1 General points _______________________________________________________ 12

2.3.2 Operating strategy ____________________________________________________ 13

2.3.3 Operations manual____________________________________________________ 13

2.3.4 Registration _________________________________________________________ 13

2.3.5 Backups ____________________________________________________________ 14

2.3.6 Information in case of an accident or fault__________________________________ 14

2.4 ASSISTANCE AND SUPPORT ________________________________________14

2.4.1 Servicing the installations ______________________________________________ 14

2.4.2 Work on the installations _______________________________________________ 14

2.4.3 User training_________________________________________________________ 14

2.4.4 Technical assistance and advice_________________________________________ 15

2.5 MANAGEMENT OF TECHNICAL DOCUMENTATION _____________________15

2.5.1 Document collection___________________________________________________ 15

2.5.2 Tasks ______________________________________________________________ 15

2.5.3 Plan Library Manual___________________________________________________ 16

2.6 COMPLEMENTARY SERVICES _______________________________________16

2.6.1 General points _______________________________________________________ 16

2.6.2 Assessment of complementary services ___________________________________ 16

2.6.3 Acceptance of complementary services ___________________________________ 16

2.7 MISCELLANEOUS _________________________________________________17

2.7.1 Acceptance of responsibility for new or modified installations __________________ 17

2.7.2 Alteration of technical scope ____________________________________________ 17

2.7.3 Work on and modifications to installations _________________________________ 18

2.7.4 Loss at the responsibility of the Contractor _________________________________ 18

3 PERFORMANCE TARGETS______________________________18


3.1 INDICATORS______________________________________________________19

3.2 MONITORING OF PERFORMANCE____________________________________19

3.3 PENALTIES _______________________________________________________19

4 ON-SITE ORGANISATION _______________________________20

4.1 TIMETABLES AND DETAILED PROVISIONS FOR SERVICE CALLS_________20

4.1.1 General points for service calls __________________________________________ 20

4.1.2 Call-out_____________________________________________________________ 21

4.2 HUMAN RESOURCES ______________________________________________21

4.2.1 General points _______________________________________________________ 21

4.2.2 Contractor's staff _____________________________________________________ 21

4.2.3 On-site organisation of human resources __________________________________ 24

4.2.4 Verification and checking methods _______________________________________ 25

4.3 TECHNICAL RESOURCES___________________________________________26

4.3.1 General points _______________________________________________________ 26

4.3.2 Management tools ____________________________________________________ 26

4.3.3 CMMS tool __________________________________________________________ 26

4.3.4 Small tools and shared tools ____________________________________________ 26

4.3.5 Specific heavy machinery ______________________________________________ 26

4.3.6 Safety equipment_____________________________________________________ 26

4.3.7 Premises provided ____________________________________________________ 27

4.3.8 Goods belonging to the Contractor _______________________________________ 27

4.3.9 Goods and items belonging to the European Parliament ______________________ 27

4.3.10 Keys and access badges_______________________________________________ 28

5 DOCUMENTS _________________________________________29

5.1 BASIC CONTRACT DOCUMENTS_____________________________________29

5.2 DOCUMENTS TO BE PRODUCED_____________________________________29

6 PERFORMANCE OF THE CONTRACT _____________________30

6.1 CONTRACTOR’S INSTALLATION PERIOD _____________________________30

6.2 ASSUMPTION OF RESPONSIBILITY FOR THE INSTALLATIONS ___________30

6.3 PERIOD OF STARTING UP OPERATIONS ______________________________30

6.3.1 Entry inventory_______________________________________________________ 30

6.3.2 Entry inventory report _________________________________________________ 31

6.3.3 Technical documentation_______________________________________________ 31

6.3.4 Inventory of goods entrusted to the Contractor ______________________________ 31

6.3.5 Payment for the operation start-up period __________________________________ 31

6.4 OPERATION ______________________________________________________32

6.4.1 Supporting documents_________________________________________________ 32

6.4.2 Meetings ___________________________________________________________ 32

6.5 END OF CONTRACT________________________________________________33

6.5.1 Inventory ___________________________________________________________ 33

6.5.2 Handover of installations _______________________________________________ 33

6.5.3 Entrusted goods______________________________________________________ 33

6.5.4 Technical documentation and operation documentation_______________________ 34

6.5.5 Help for the new operator ______________________________________________ 34


1 GENERAL POINTS

1.1 Subject of the contract The subject of this contract is the maintenance and operation of the technical security installations in the buildings occupied by the European Parliament in Luxembourg. The buildings are described on the sheet ‘Description of Buildings’ in the Special Technical Clauses and Specifications.

The technical installations to which this contract relates are those managed by the Technical Security Unit. They comprise the technical lots and equipment described on the Technical Lots sheet in the Special Technical Clauses and Specifications.

The present contract involves a performance obligation with the employment of minimum resources. The Contractor must employ all the resources necessary in order to ensure the services described in this document and in order to achieve the objectives defined. The resources which are actually present on-site should under no circumstances be less than the minimum resources specified. The Contractor must apply quality management procedures to every process implemented on-site. The services shall be carried out on behalf of the European Parliament in accordance with the conditions detailed in all of the contractual documents. The stipulations of the present Special Administrative Clauses and Specifications have as their subject the definition of the general implementation conditions for the present contract, while the Special Technical Clauses and Specifications define the basic technical services to be rendered as well as the equipment to be maintained. Regardless of the description of the tasks and provisions in the articles of this contract, the present Special Administrative Clauses and Specifications and the Special Technical Clauses and Specifications, the Contractor shall be responsible every day, irrespective of whether a day is a working day or not, for its contractual obligations. The term ‘Parliament’s Representative’/’representative of the European Parliament’, which is used below, refers to the person(s) officially designated to act in that capacity.

1.2 Prices of services All the services to be rendered under this contract shall be provided at a total fixed price, which may be revised in accordance with the terms of the contract. The price shall cover all expenses involved in the obligation upon the Contractor to maintain human and material resources so as to ensure that all operation and maintenance operations which must be carried out on the technical installations in the buildings are duly carried out, namely:

• monitoring of installations,

• preventive or corrective maintenance operations, at any level,

• availability of the on-call service and response to on-call service calls,

• small tools and heavy machinery,

• the provision of materials and supplies,

• the establishment, management and keeping of supply and spare part stocks, irrespective of the required level of maintenance,

• the establishment of the various documents which allow for the checking of the services carried out by the Contractor,

• operation and maintenance of management tools and operation of the CMMS software,

• updating of technical documentation irrespective of its format,


• cleaning of technical areas and equipment,

• and, generally, all the duties and operations relating to the performance of the tasks described and all measures explicitly laid down by these Special Administrative Clauses and Specifications and/or the Special Technical Clauses and Specifications.

The total fixed price shall include all remuneration and costs (wages, social security contributions, tools, travel, general expenses, insurance, etc.) and equipment and tools paid for by the Contractor. Apart from the services described in this document, the fixed price shall include all incidental and related services required to realise the obligations incumbent under this contract as well as all costs and supplies, whatever their type and extent, for preparation, relating or incidental to the realisation of the contract awarded to it, for which Parliament shall make no additional payment above and beyond the contract price in any form and on whatever grounds.

1.3 Obligations applicable to the parties

1.3.1 European Parliament’s obligations

The European Parliament undertakes to:

• ensure that the Contractor has exclusive rights over the services specified in the present contract. However, without prejudice to Article I.11 of the Framework Contract, in a situation where services are interrupted due to a fault on the Contractor’s part, the European Parliament shall have the right to resort to a replacement company in order to remedy the Contractor’s failure. This shall apply for the whole duration of the contract and is indispensable to ensuring the routine functioning of the installations. This action shall be prompted if no significant work is carried out in the 24 hours which follow the acceptance, on the part of the Contractor, of the registered letter which details the breaches;

• make sure that all regulatory verifications and checks which are necessary are carried out by the approved bodies;

• respect, within a reasonable timeframe, the legislative texts involving modifications or changes to be made to the installations;

• guarantee the Contractor free access to all the installations which are the subject of this contract, in compliance with the instructions of the Directorate for Security and Risk Assessment of the European Parliament and in as much as there is no interference with the European Parliament’s activities;

• make available to the Contractor free of charge all the documents required in order to carry out its task;

• make the rooms necessary to the performance of the Contractor’s work available to the Contractor free of charge. These rooms should be in good condition and adequately equipped;

• give the Contractor’s on-site personnel the opportunity to communicate via telephone outside of the building, provided that this communication is strictly professional and integral to the services involved in this contract.

Throughout the duration of this contract, any inspection or repair carried out by a body or company which is duly mandated by the European Parliament (other than the Contractor) shall be carried out under the responsibility of the European Parliament only.


1.3.2 Contractor’s obligations

The Contractor undertakes to:

• take sole responsibility for the organisation of work, discipline, the respect of orders, administration and the presentability of its personnel,

• not take action in response to any requests other than those of the European Parliament’s representatives whose names have been communicated to the Contractor by the contract signatory,

• regularly check that the project which is entrusted to the Contractor is proceeding as planned, and that the Contractor’s personnel respect orders,

• ensure the permanence of its services, in such a way that the task is entirely performed,

• plan the work in a way that does not disrupt the running of the European Parliament’s departments and work in such a way that these operations do not cause any disruption to the occupants of the building, nor any disorder in the building,

• actively contribute to the efforts made by the European Parliament in terms of safety and hygiene,

• actively contribute to the environmental management policy in force at the European Parliament,

• conform to the standards and regulations in force for the execution of the tasks that are incumbent upon the Contractor,

• restore the installations, equipment and premises to good condition when the contract expires.

Duty to supply information The Contractor must inform the European Parliament’s representative of all problems that the Contractor encounters in the performance of the services.

1.4 References to standards The standards applicable to the terminology used within the framework of the present contract are:

• NF EN 13306, Maintenance terminology, June 2001

• FD X 60-000, Function maintenance, May 2002

• NF EN ISO 9001, Quality management system, December 2000

• NF EN ISO 9004, Quality management system, December 2000

• NF EN ISO 14001, Environmental management system


2 SERVICES

2.1 GENERAL Within the framework of the management of all the services which are the responsibility of the Contractor, a Quality Policy based on the continued evaluation of feedback from experience shall be applied in a methodical, sustained and transparent way. This Quality policy must include environmental management and regulatory and technological surveillance issues. This policy must make it possible to achieve all the objectives laid out in this contract in a reliable and transparent way. The definition and application of this policy are the responsibility of the Contractor.

2.1.1 Quality management

Quality Management must conform to the standards of the EN ISO 9000 family; however, site certification in this area is not required from the Contractor. The sustained evaluation of feedback gained from experience and the management of instances of non-compliance must generate adjustments and amendments that improve the policy and strategy applied on-site by the Contractor.

2.1.2 Environmental management

By means of the European Parliament’s official declaration concerning environmental policy, adopted on 13 December 2005, it took steps to gain EMAS certification. The Contractor must ensure that any work undertaken is in accordance with the measures taken to gain this certification. The Contractor must also collaborate actively and without restriction in the environmental policy pursued by the European Parliament.

The environmental policy pursued by the European Parliament and the directions relating to this policy are detailed on the Environment sheet of the Special Technical Clauses and Specifications.

2.1.3 Compliance monitoring

The Contractor shall be responsible for compliance monitoring for all technical installations that are the subject of the present contract. This compliance monitoring must allow for the analysis of the adequacy of the site’s installations in terms of the standards and regulations that are in force. It must also highlight any possible improvements or changes that must be made to the site’s installations. The Contractor shall alert the European Parliament’s representative of any regulatory amendment which is likely to affect the installations for which it is responsible within no later than six months following publication of the texts concerned. Each year, the Contractor shall prepare a compliance monitoring report and communicate it to the European Parliament’s representative within the framework of the Annual installation report. If the installations that are made available to the Contractor no longer conform to regulation, the Contractor must inform the European Parliament in writing and without delay. It is the responsibility of the European Parliament to take any steps required to bring the installations into conformity with the rules in force.

2.1.4 Technology monitoring

The Contractor shall be responsible for technological monitoring of all technical installations that are the subject of the present contract.


This must include monitoring manufacturers' catalogues with a view to establishing when pieces of equipment and spare parts in use on site are likely to become obsolete, making suggestions for the most reasonable ways of replacing them, and highlighting any improvements that could be made by using new technology to replace existing on-site property or in addition to the existing installations. For all the applications used under the terms of this contract, technological monitoring shall include on-going monitoring of modifications, improvements, corrections and software versions in liaison with publishers.

Each year, the Contractor shall prepare a technological monitoring report and communicate it to the European Parliament’s representative within the framework of the Annual installation report.

2.2 MAINTENANCE

2.2.1 General points

The maintenance services covered by the present contract fall under levels 1 to 5 as defined by standard NF EN 13306 X 60-319, regardless of the level of maintenance.

Maintenance operations shall be required from the Contractor 24 hours a day and 365 days a year according to the present contract. Maintenance operations interrupting the functioning of security systems must take place outside the business hours of the European Parliament, unless previously agreed with the representative of the European Parliament.

Any technical intervention and/or maintenance operation shall involve systematically creating corresponding records. These records shall be made on the CMMS tool and shall consist of all the data required for completely transparent management and monitoring of resources employed and the resulting costs.

2.2.2 Maintenance strategy

The Contractor shall remain fully responsible for the Maintenance Strategy that it follows in order to achieve the objectives set in the context of the present contract. The options chosen by the Contractor shall assign priority according to the following guidelines:

• security of people and goods,

• compliance with the operational objectives and the contractual deadlines specified under the present contract,

• pursuit of the optimum useful life of goods,

• environmental and health impacts,

• quality of the products employed.

If, when making choices, a conflict arises between one or another guideline, the Contractor shall inform the European Parliament's representative in writing, who shall choose the preferred guideline.

The Contractor must document transparently the Maintenance Strategy that it applies under this contract.

2.2.3 Maintenance manual

To ensure the reliability and quality of the services, the Contractor shall update the Maintenance Manual, which specifies the maintenance strategy put in place and includes all the procedures, instructions and documents required by the personnel involved for the efficient realisation of their tasks.

The minimum requirements of the Maintenance Manual are laid down on the Documents sheet of the Special Technical Clauses and Specifications.


2.2.4 Preventive maintenance

Preventive maintenance operations may be initiated in a systematic or conditional manner:

• systematic: done according to a schedule determined depending on time or the number of units in use,

• conditional: initiated according to measurements or observations (self-diagnosis, information from a sensor, measurement of wear, inspections, on-site assessments etc.).

In general and whenever it is applicable, conditional preventive maintenance shall be given priority by the Contractor. Whenever necessary, the Contractor shall realise the conditional preventive actions called upon by the situation. The Contractor shall also ensure the good state of cleanliness and appearance (paint touch-ups, dust removal etc.) of the equipment and the plant rooms for which it is responsible.

2.2.4.1 Maintenance Plan

The Contractor shall establish the preventive Maintenance Plan according to the maintenance policy which the European Parliament wishes to establish. The plan principally includes the list of preventive maintenance operations to be realised for the goods, their frequency, maintenance task lists, and a description of the operators concerned. It must comply as a minimum with the technical instructions and recommendations of the various equipment manufacturers, supplemented with actions or operations which the Contractor considers necessary in the light of its experience of the fields concerned. The preventive Maintenance Plan shall distinguish between current preventive maintenance and long-term maintenance.

• Current preventive maintenance includes simple infrequent operations. Its objectives are:

o to reduce the number of occasional faults and in certain cases to postpone long-term maintenance operations (see below),

o to avoid the need for emergency repairs, which are more costly than planned repairs programmed at the right time,

o to avoid the need for work on a larger scale than would be required if it were not done on time.

• Long-term preventive maintenance concerns heavy operations which are the subject of a multiannual programme.

The Maintenance Plan must also include a list of any accepted corrective maintenance operations. The Maintenance Plan is the basic document from which the associated documents Maintenance Schedule and Maintenance Procedures result.

2.2.4.2 Schedule

The Preventive Maintenance Schedule resulting from the maintenance plan shall be introduced at the beginning of the contract. It must be scrupulously observed and systematically updated as and when operations are completed by the maintenance teams.


2.2.4.3 Operations Programme for Maintenance Teams

Planning, on a weekly basis and according to the operating constraints and the available resources, generates the Operations Programme for Maintenance Teams and the corresponding operations documents. The representative of the European Parliament shall be kept informed systematically of the Operations Programme for Maintenance Teams for the coming week and of progress in carrying out the previous week’s programme.

2.2.4.4 Maintenance Instructions and Procedures

To ensure the quality of services, the Maintenance Instructions, the Maintenance Procedures and any other documentation necessary for the proper rendering of services shall be updated and made directly available to the operating teams on a permanent basis by the Contractor. All these documents form integral parts of the Maintenance Manual.

2.2.5 Corrective maintenance

Operations that come under corrective maintenance have the objective of restoring materials or equipment in response to failure or damage. Corrective maintenance must have permanent results. In particular, these include:

• immediate precautionary measures to ensure the security of people and the survival of goods,

• diagnosis of the failure,

• corrective or immediate palliative action, resulting in the return to operation of the goods (repair),

• deferred corrective action with or without improvement, resulting in the return to final state of the goods (repair),

• testing to ensure that the goods are functioning at their optimum functioning level.

According to the urgency and potential delays in orders, return to final state operations are either to be realised immediately, or are to be scheduled in agreement with the representative of the European Parliament. Any delay in the return to operation or the return to final state which is inconsistent with the objectives set in the context of this contract must be justified before Parliament’s representative. Operations carried out in an emergency shall be recorded immediately after they have taken place and the deferred work must be listed so that it can be budgeted for if it is not the Contractor’s duty to carry it out under this contract or if it is to be completed subsequently in accordance with a schedule definitively decided upon with Parliament’s representative. The Contractor, therefore, shall be responsible for the proper functioning and the proper maintenance of the installations by using necessary means to achieve this objective. If the safety of people and/or of goods is at risk, the Contractor shall take the required emergency action and ensure the return to operation of the goods. It shall immediately inform Parliament’s representative in writing of the situation.


2.2.6 Goods guarantee

2.2.6.1 Contractor’s guarantee

All components or goods replaced by the Contractor as part of its services shall be covered by a guarantee of a minimum of two years, unless a clause to the contrary has been agreed by the European Parliament. These components shall be indicated with the effective date and the duration of the guarantee on the CMMS tool. When working on the component or goods concerned during the period of guarantee, the operations shall be realised at the expense of the Contractor.

2.2.6.2 Installers’ guarantee

The Contractor shall be deemed to know the legal and specific conditions of the guarantees attached to the works contracts. Except as otherwise provided, Parliament entrusts to the Contractor the task of managing operations to seek redress under the guarantee, in relation to goods subject to this contract, from the manufacturers and/or those who installed them. The Contractor shall immediately notify Parliament of any actions that would have to be taken in order to invoke this guarantee. In case of damage to the equipment under guarantee, the Contractor shall take the necessary precautionary measures. These provisions should not be a barrier to the continuity of the service that the Contractor is obliged to provide. It shall take care that its operations are not likely to prevent the application of the conditions of the guarantee. Furthermore, during this period, the Contractor shall take all necessary measures in agreement with the manufacturer or installer to ensure the coordination of their operations.

2.2.7 Stock management

2.2.7.1 Contractor's stocks

The Contractor shall conduct all of the management, the supply, and the monitoring of stocks necessary to the proper performance of this contract, for which purpose it shall use the CMMS tool. Stock management permits the effective and transparent exploitation of material resources used. The programmed replacement parts and the supplies shall be stocked in sufficient quantities to allow the return-to-operation objectives imposed upon the Contractor to be met. The Contractor may not claim that an insufficient level of stock is responsible for any breach of its obligations. The minimum stock shall take account of the deadlines for action and restoration laid down for the equipment, the deadlines for resupply and the average life of the equipment. The Contractor alone shall be responsible for defining the maintenance stock. The Contractor may not claim that an insufficient level of stock is responsible for any breach of its obligations.

2.2.7.2 Parliament's stocks

The Contractor shall conduct all of the monitoring of stocks of equipment or components belonging to Parliament. These items shall be clearly identified in stock files and in stores as being Parliament’s property.

2.2.7.3 Definition of supplies

A distinction must be made between maintenance supplies, i.e. products and small items used during maintenance operations, and operating supplies used during use of the system.


All maintenance supplies shall be provided by the Contractor and shall be included in the total fixed price of the contract. The Contractor shall only be required to provide operating supplies for the purpose of system operation under the contract or if such supplies are listed on sheet 2 of the Special Technical Clauses and Specifications.

For example:

- Oils, lubricants and batteries are maintenance supplies which must be provided by the Contractor.

- Removable backup devices and TRAKA key rings are operating supplies which must be provided by the Contractor.

- Badges and printer ribbons are operating supplies which are not provided by the Contractor, as they are used during operation by third parties and are not included in the Special Technical Clauses and Specifications.

2.2.8 Quality of materials, supplies and components employed

To preserve the uniformity of the site and the integrity of the goods, the materials, supplies or equipment replaced by the Contractor and their implementation should comply with the manufacturer’s recommendations and be identical to those already present on-site. If these parts are no longer in the supplier’s catalogue, the Contractor must immediately inform the European Parliament of this and propose equivalent materials (in terms of quality, compatibility and uniformity with the existing parts in function and appearance). It must deliver, at no cost to the European Parliament, all documents and, if necessary, a sample allowing Parliament to judge the quality of the item and to validate it. If it uses supplies, materials or equipment that have not been previously validated by the European Parliament, Parliament may request their removal and replacement (by the Contractor or another operator) at the sole expense of the Contractor, without the latter being entitled to claim any compensation. In the case of the failure of the Contractor, the European Parliament reserves the right to take all the necessary measures and in doing so make the Contractor bear all costs. In the event that the replacement of a part requires the adaptation of the aforementioned part or the existing goods, these adaptation operations shall be the responsibility of the Contractor. Any component or part replaced under maintenance operations shall be kept on site at a location designated by the European Parliament for a period of 1 month. At the end of this period, the Contractor shall be responsible for its disposal in accordance with Environmental Management principles.

2.3 OPERATION


The operation of the installations, hereinafter referred to as ‘Operation’, shall include all necessary actions to ensure the management and monitoring of equipment and their operating settings and backups, whilst taking into account the Operating Instructions to be provided by the European Parliament and the objectives laid down in this contract. The Contractor shall be responsible for the permanent operation of the installations 24/7. Consequently, the operation is deemed to be continuous 24 hours a day, 365 days a year. The equipment is operated by taking all necessary measures to ensure compliance with the laws and regulations. ‘Operation’ shall include in particular:

• the necessary actions to maintain the operating settings of goods under this contract,


• rounds to monitor and inspect the installations,

• interventions performed following a failure or fault (call from the control centre, identification of a fault, inspection reports, etc.) consisting in the return to service of the goods concerned and/or the triggering of the necessary maintenance operations),

• operations to close down and/or restart the installations and systems in the event of a power cut, whether or not planned,

• action necessitated by any incident which affects the security installations,

• registration and deregistration of goods,

• records relating to the traceability of activities, as well as the production and distribution of associated reports and documents,

• operations to back up settings and data concerning goods and installations subject to this contract,

• records of all operating settings and reports of any anomalies, incidents or failures as well as their causes and solutions. This information shall be recorded in writing using the format agreed with the European Parliament and forwarded systematically to the latter.

2.3.2 Operating strategy

The Contractor shall remain fully responsible for the measures that it takes with regard to the operation of the systems in order to achieve the objectives set in the context of the present contract. The Contractor shall give priority to the following guidelines, listed in order of priority:

• the security of persons and goods,

• compliance with the contractual objectives listed in this contract,

• compliance with the operating instructions forwarded by the representative of the European Parliament,

• environmental and health impacts,

• the continued operation of installations,

• the survival of goods and installations.

If, when making choices, a conflict arises between one or another guideline, the Contractor shall inform the European Parliament's representative in writing, who shall choose the preferred guideline.

2.3.3 Operations manual

To ensure the reliability and the quality of services, the Contractor shall update and always make available to operators the Operations Manual, which sets out all the measures in place and includes the Procedures, Instructions and necessary documents required for the proper execution of the remit by the personnel.

2.3.4 Registration

Any halt to goods or an installation shall lead to a logging procedure and shall be subject to prior agreement from the representative of the European Parliament. To allow user information and to set up countervailing measures which may be necessary, the Contractor shall specify, for each submitted operation, the exact consequences and impacts that the logging will have on the goods and/or users and the operations of services. The points to be recorded include:

• the application of the logging procedure,

• determination of incidents and countervailing measures necessary for the continued operation or the safety of goods and persons and the implementation of these measures if they are of a technical nature and relevant to the areas entrusted to the Contractor,

• the registration or deregistration of goods,

• ...


2.3.5 Backups

The Contractor shall be required to back up settings and data concerning systems and their components subject to this contract. Backups of settings must make it possible to completely reconfigure a system and each of its components after any incident, of whatever kind, and to restore them to their normal operating state within the time limit laid down for each system for Provisional Return to Operation in the Special Technical Clauses and Specifications. The Contractor shall be responsible for the action taken to achieve this result. As regards data, the Contractor shall abide by the guidelines laid down in the Special Technical Clauses and Specifications.

2.3.6 Information in case of an accident or fault

In the event of an incident or fault:

• affecting strategic goods or installations,

• affecting an installation contributing to the security of persons,

• having an impact on the premises or the goods,

• compromising all or part of the exploitation of the site,

• affecting the activities of the services of the European Parliament,

the Contractor shall inform the European Parliament's representative of the incident without delay by telephone and then in writing. Such information shall be systematically followed up by an Incident Report issued by the Contractor.

In any case the Contractor must notify the representative of the European Parliament, as soon as it is able to do so, of any foreseeable incidents that may affect the safety of persons, premises or goods and indicate the consequences that could result if there is no solution. It will provide, if necessary, any solutions to ensure the restoration of the elements essential to the proper operation of equipment and measures to be implemented.

2.4 ASSISTANCE AND SUPPORT

2.4.1 Servicing the installations

Whilst technical work is being carried out on the installations that are the subject of this contract by third parties working for the European Parliament, other than work of the categories listed below, the Contractor shall provide assistance for the operators.

Within this framework, the Contractor guarantees:

• physical accompaniment of operators,

• the disconnection operations for the installations,

• the handling of goods, if any, required for the work.

The personnel of the Contractor responsible for this task shall act in direct collaboration with the persons appointed by the representative of the European Parliament for the follow-up of these tasks and shall report to them on their findings.

2.4.2 Work on the installations

In the event of modification or extension of an existing installation, the European Parliament may request advice and assistance from the Contractor to ensure that the modification or extension is perfectly integrated into the existing environment.

2.4.3 User training

The Contractor shall also be responsible for training users in the use of the goods which are subject to the present contract, including users of a third-party company contracted by the European Parliament.


This training shall comprise the production and the supply of the documentation required by the user and the extract of the Maintenance manual concerning the preventive maintenance which shall be left to the users to undertake, if approved by the representative of the European Parliament.

2.4.4 Technical assistance and advice

At regular follow-up meetings, the Contractor shall provide the European Parliament with useful advice about the existing security installations. Where appropriate, it shall propose modifications with the aim of improving their effectiveness and reliability or any other aspect of their operation. This advice shall also concern technological developments, in order to anticipate the obsolescence of the equipment installed. This advice shall be supported by reports and/or analyses which shall comprise all documentation and comments necessary to be able to judge their relevance.

2.5 MANAGEMENT OF TECHNICAL DOCUMENTATION The technical document collection shall comprise all the plans and documents of a technical nature concerning the installations of the buildings. The technical fields concerned shall be those covered by this contract.

2.5.1 Document collection

In general, the technical documents managed by the Contractor shall be all documents relating to the technical installations of the buildings of the European Parliament, with the exception of architectural documents, which are managed by the European Parliament and made available to the Contractor, which shall refer to them for any equipment layout plan or plan of a geographical nature. These documents may be in paper form or in an electronic format. The documents concerned are defined by sheet 6 of the Special Technical Clauses and Specifications.

2.5.2 Tasks

The Contractor shall perform all the tasks relating to the management and maintenance of the technical documentation and of its inventory on the basis of the Plan Library Instructions issued by the representative of the European Parliament. It shall supply and/or update the technical documents and plans required by the European Parliament and by relevant third parties (undertakings, consultancies, etc.) at the request of the representative of the European Parliament. This task shall be performed in direct contact with the representative of the European Parliament.

In this connection the Contractor shall be responsible for:

• compiling and filing the existing archive collection,

• keeping up to date the Technical Graphical Chart which has been used, comprising the libraries of objects required for each technical field,

• keeping up to date the Documentary Recommendations concerning the documents to be supplied by operators,

• checking that the documents supplied by operators comply with requirements, and incorporating them into the document collection,

• ensuring that modifications and additions can be traced, and monitoring outgoing and returning documents,

• creating specific documents on the basis of existing material,

• modifying existing documents on the basis of its own observations or those made by the European Parliament’s Administration or external operators.

The documentation index must make it possible to search for documents in multiple ways. It shall be kept constantly up to date. Its form and formulation shall be defined in


cooperation with the representative of the European Parliament, and subsequent changes shall be submitted for his approval. In parallel with carrying out this task of administering the document collection, the Contractor shall make changes and/or adjustments to plans and diagrams necessitated by observations on the ground or by minor alterations to the installations.

2.5.3 Plan Library Manual

To ensure the reliability and quality of the services, the Contractor shall update the Plan Library Manual, which comprises the Procedures, Instructions and documents required by the operator personnel for the efficient realisation of their tasks and all documents relating to the monitoring of the document collection.

2.6 COMPLEMENTARY SERVICES


These are services which are inseparable from this contract and are required for its realisation but are not provided for in this contract. These services shall be covered by an order form issued by the competent Authorising Officer. These must be billed promptly and separately from services covered by the total fixed price.

These small-scale services shall be limited with regard to both the unit price and the annual amount. The limits in question shall be specified in the contract.

2.6.2 Assessment of complementary services

Complementary services shall be itemised in a quote drawn up on the basis of labour costs, plus any additional hours and the business coefficient given in the Price Schedule of the present contract. This quote shall include the labour and, where applicable, the supply of materials required. If necessary, the Contractor shall supply, when requested by the representative of the European Parliament, all accounting vouchers required to verify the amounts quoted.

2.6.3 Acceptance of complementary services

The billing of complementary services shall be subject to provisional acceptance by the representative of the European Parliament and the drawing-up of a Provisional Acceptance Report. This document shall state in detail the subject of the services (supply, installation, etc.) and certify the proper functioning of the installation after joint inspection by the two parties. If any fault is found, reservations shall be stated. A distinction shall be made between ‘non-blocking reservations’, which permit the installation to be operated in degraded mode at an acceptable level, and ‘blocking reservations’, where the performance is deemed unacceptable from the point of view of operation or quality and requires immediate correction, or where the performance does not correspond to that which was ordered. Where blocking reservations exist, provisional acceptance of the installation shall be impossible. The presence of non-blocking reservations permits the provisional acceptance of the installation, and the Contractor shall then be required to remedy their cause(s) within one month.


If a different time limit is required in order for non-blocking reservations to be lifted, this time limit shall be specified in the Acceptance Report after approval by Parliament’s representative. The acceptance of the complementary services ordered must be certified within the time limit stipulated at the time when the order relating to them was placed. If it has not been possible to accept them within the time limit stipulated at the time of the order through the fault of the Contractor, or if the deadline for lifting non-blocking reservations has not been respected by the Contractor, the European Parliament may apply the penalties provided for on the Penalties sheet of the Special Technical Clauses and Specifications. One year after signature of the provisional acceptance report, final acceptance shall be certified unless the Contractor has not taken measures to secure the lifting of all the reservations expressed at the time of, or after, provisional acceptance. If necessary, the Contractor shall supply, when requested by the representative of the European Parliament, the purchase invoices corresponding to the equipment billed and all accounting vouchers required to verify the amounts billed.

2.7 MISCELLANEOUS

2.7.1 Acceptance of responsibility for new or modified installations

After new work or modifications relating to technical installations have been performed by an undertaking other than the Contractor, an Acceptance Report shall be drafted jointly between the Contractor and the representative of the European Parliament. It shall stipulate, for each of the parties, the terms and conditions as well as any limits on services and responsibilities associated with this acceptance. This report may be drafted before the acceptance of the installations to the extent that their operation is necessary. As from the date of drafting of this report, the Contractor undertakes to perform the agreed maintenance and operation in the same way as those covered by the present contract and must provide any new training or information concerning these new installations to its personnel. If no agreement can be reached regarding the terms of this report, the parties accept that an appropriate expert may be appointed in order to seek reconciliation between the parties and to draft the said report. This expert shall be appointed at the request of the first party to take action. If no reconciliation can be achieved between the parties regarding this acceptance, as notified by registered letter, this shall jeopardise the contract, which may be terminated prior to its normal end date, without compensation.

2.7.2 Alteration of technical scope

Alterations to the technical scope shall be recorded, case by case, in an acceptance report (see above) or in a withdrawal report. Any change in the scope shall automatically result in updating of the Technical Lots sheet of the Special Technical Clauses and Specifications and their annexes. The Contractor shall take responsibility for new equipment or the withdrawal of equipment which is obsolete or no longer required without any alteration to the total fixed price of the contract.

However, when the cumulative value of the changes to the technical scope (whether constituting a rise or a fall) reaches the threshold of 7% of the total fixed price of the contract, an addendum shall be concluded on the terms provided for in the article of the contract concerning the revision of prices.


At all events, each year on the anniversary of signature of the contract, an addendum shall be drafted in order to incorporate the changes to the scope in the total fixed price.

2.7.3 Work on and modifications to installations

The Contractor may not carry out or make any modification to the installations entrusted to it without the written approval of the representative of the European Parliament. This ban shall apply to material and/or structural and functional aspects. This approval shall not release the Contractor from its obligations or responsibilities. Any modification made to the goods or installations shall automatically result in the update of the technical documentation and operating documents concerned. The Contractor shall be responsible for all goods and installations on which it has worked. In other words, after its work, such goods or installations must be in perfect working order and perfectly safe, and must have a finish that is at least identical to that prior to the work.

2.7.4 Loss at the responsibility of the Contractor

2.7.4.1 Responsibility of the Contractor

As the task of the Contractor is to maintain the existing installation in good working order, it is directly responsible for any loss caused by the goods and installations under the present contract or in the event of any failure to meet the obligations defined herein. With a view to such cases, the Contractor must obtain insurance to cover the direct and indirect financial consequences of damage caused by its negligence or fault to movable and immovable property and any resulting interruptions in service. Except in cases of force majeure, any damage caused by the negligence of the Contractor shall be remedied at its own costs within the deadlines prescribed by registered letter. If said repairs are not completed rapidly and if a warning letter sent by registered mail remains without effect, the representative of the European Parliament may have these carried out at the Contractor’s expense by any means deemed appropriate.

2.7.4.2 Procedure in the event of a disaster

The Contractor shall be responsible for immediately taking any measures necessary to ensure the security of goods and persons and the safeguarding of movable and/or immovable goods as well as for implementing, within the deadlines prescribed under this contract, all safety and/or replacement services required. The Contractor shall inform the representative of the European Parliament immediately by any means necessary, and then in writing.

Any disaster shall result in the issuing of an Incident Report.

3 PERFORMANCE TARGETS

Within the framework of this contract, the performance targets relate to:

• the equipment’s remaining continuously in service,

• the durability of equipment,

• the detailed provisions for intervention of the Contractor's teams,

• user satisfaction. These performance targets are detailed in the Special Technical Clauses and Specifications.


3.1 INDICATORS Measurement of service quality shall be based on reliable and objective indicators. These indicators relate to all of the services expected under this contract, such as for example:

• the state of functioning of equipment,

• the availability of the equipment,

• user satisfaction,

• detailed provisions for intervention of the Contractor’s teams,

• the availability and updating of maintenance documents.

The definition of these indicators and the methodology used shall be determined through collaboration between the Contractor and the representative of the European Parliament. Both shall undertake to actively participate in this task. In the event of duly recorded disagreement relating to the establishment of these indicators, the representative of the European Parliament shall have the right to impose the indicators and method that he has defined.

During the performance of the contract, the representative of the European Parliament and the Contractor may request the implementation of new indicators or the modification of existing indicators. These additions or modifications shall be systematically subject to updating of the Indicators sheet in the Special Technical Clauses and Specifications after validation by the representative of the European Parliament.

3.2 MONITORING OF PERFORMANCE The aim of the checking and verification operations is to establish the conformity of the services provided with the specifications of the contract to ensure the conformity of the elements present. The representative of the European Parliament shall proceed with the verification and checking operations that he deems necessary and appoint the bodies or persons responsible for these operations, to which the Contractor shall lend its full support by providing the necessary resources and elements. The verification operations may take place at the time of the Contractor’s services or independently of these, without of course where possible disrupting progress. In general, these operations shall take the form of on-site assessments, with or without the testing of goods, or shall consist of the verification of data issued in documents provided by the Contractor. Furthermore, periodic visits to the installations may be organised by the Contractor at the request of the representative of the European Parliament. The reports shall be drawn up in an adversarial manner between the representative of the European Parliament or the person that it has appointed for this purpose and the Contractor’s representative. In case of disagreement over the verifications report, these may be carried out with assistance from a specialised external body, the charge for which shall be borne by the requesting party. If this external body is chosen by the Contractor, it must observe the subcontracting rules. If one of these adversarial verifications reveals an anomaly in a good, it may be shut down. In the event that these stoppages are the consequence of a failure by the Contractor, penalties shall be applied under the conditions defined in the present contract.

3.3 PENALTIES Penalties shall be applied to the Contractor if it fails to comply with the contractual obligations. These penalties, defined by the Penalties sheet of the Special Technical Clauses and Specifications, are cumulative and their application does not exonerate the Contractor from


its obligations within the framework of the present contract or from paying compensation for damage, equivalent to its actual amount, where the Contractor is to blame. Except where otherwise specified, if there is a cause and effect relationship between two penalties, the higher penalty shall be taken into consideration. The penalties described above are revisable under the same terms as the annual fixed price payment and are deducted by the Contractor from the amount owed to him excluding tax. In calculating the penalties, any period started shall be counted in its entirety. They shall not be applied in the event of force majeure, which shall be deemed to have arisen only in the event of interruptions in the electricity supply due to the distributing companies. If non-compliance does not give rise to any specific penalty, the default penalty shall be applied. In case of extreme need, an adjustment to these provisions may be made, and shall be formalised by means of the signature of an addendum to the framework contract and updating of the Penalties sheet of the Special Technical Clauses and Specifications.

4 ON-SITE ORGANISATION The Contractor shall continually seek to arrange optimal organisation of services in order to meet its performance targets laid down in this document. It is the responsibility of the Contractor to complete as necessary the minimum functional organisation chart required to meet its performance targets. The resources available on site must be permanently sufficient for the actual workload without ever being below the minimum resources defined. The Site Manager or Technical Manager must at all times be able to give details of the posting of his staff members on site (geographical location and activity).

4.1 TIMETABLES AND DETAILED PROVISIONS FOR SERVICE CALLS

The Contractor must permanently maintain the perfect operation and performance of the equipment and installations. It is therefore responsible 24 hours a day, 365 days a year for the correct operation of the installations.

4.1.1 General points for service calls

The Contractor must take into account occupancy constraints and the use of the buildings for the planning of its service calls and avoid, where possible, any disruption to the use of the buildings or the operation of the services of the European Parliament. The Contractor shall systematically inform the European Parliament representative before each service call and specify in particular the impact that the works may have on the operation of the services of the European Parliament. The operations covered by the total fixed price are, in principle, to be carried out during working hours but outside Parliament’s part-session periods, with the exception of those which would disrupt the proper functioning of the services of the European Parliament that must take place outside working hours, without any extra cost and according to a schedule drawn up in agreement with the representative of the European Parliament. With the exception of service call operations, the services performed at night or at weekends outside working hours must be the subject of a specific prior request. In addition, the Contractor must take all measures to avoid any damage to third parties and installations and not hinder the proper functioning of the services of the European


Parliament. In this regard, it shall take all necessary precautions in order that the state of furniture, buildings, fittings and machinery is not altered by the operations resulting from its services. It shall indicate in writing without delay any anomaly which it finds may harm persons or goods, whatever the area concerned. It is strictly forbidden for the Contractor’s personnel to handle, for whatever reason, the fixtures and equipment that are found on the premises and that are not the object of the services of the present contract.

4.1.2 Call-out

Outside the hours when its teams are on site, the Contractor shall provide a call-out service. This service shall operate under the responsibility of the Site Manager. Within the framework of this service, the Contractor shall dispatch, on a call from the representative of the European Parliament or any other person appointed by the latter for this purpose, a person specifically appointed that knows perfectly the site and installations. This person shall be responsible for making the first diagnosis and taking protective measures in case of the failure of any good or installation. In the case of goods or systems whose operation must be restored without delay, the person shall report to the Site Manager, who shall arrange for technicians with the requisite skills to restore the goods concerned to operational condition. Any call-out intervention shall result in the issuing of a Call-out report. The specific provisions of the call-out operation are defined by the Call-out procedure included in the Operations Manual. Call-out services shall be provided by the Contractor under the terms of this contract and shall be covered by the fixed price.

4.2 HUMAN RESOURCES


As the contract includes performance targets, the Contractor shall put in place the necessary personnel to attain these targets and assume responsibility for the suitability of the human resources for the results expected. The Contractor shall therefore undertake to supply any human resources, in addition to the minimum resources defined below, that prove necessary in order to comply with the obligation in this contract to achieve results, ensuring, at the same time, that the resources actually present on site are never below those minimum resources. The Site Manager or Technical Manager must at all times be able to give details of the posting of his staff members on site (geographical location and activity).

4.2.2 Contractor's staff

4.2.2.1 Approval of staff by the European Parliament

The Contractor’s personnel or its subcontractors called to intervene on the site of the European Parliament shall be subject to prior approval by the representative of the European Parliament. Prior to any hiring or internal transfer, it shall submit the necessary information to the representative of the European Parliament, who shall prejudge the suitability of the person for the position proposed. Except in exceptional circumstances, this information shall be sent at least one month in advance.


The representative of the European Parliament reserves the right to reject any proposal for hiring or internal transfer on the site if the profile of the candidate(s) does not correspond to the requirements of the Specifications. Whatever the decision of the representative of the European Parliament, this does not in any way exonerate the Contractor from its responsibilities with regard to personnel.

4.2.2.1.1 Right to refuse access to the building

In duly justified cases, the representative of the European Parliament reserves the right to deny access to the buildings to employees of the Contractor. Reasons shall be stated for such a decision and it shall be communicated to the Contractor, who may not under any circumstances cite this decision to justify any failure to comply with its obligations and must provide a replacement for the staff member concerned as soon as possible.

4.2.2.2 Staff qualifications

The qualifications required of staff are defined, for each post, in the Human Resources document in the Special Technical Clauses and Specifications. If a prospective staff member does not comply with one or other feature of the profile corresponding to his post, his candidacy must be submitted to Parliament’s representative for approval, and, in the event of his agreement, he shall have one year to meet the required standard and obtain the diplomas or certificates demonstrating that he has done so.

4.2.2.3 Staff training

The Contractor shall undertake to ensure the continual training of its personnel in order to maintain optimal qualification levels that enable its personnel to ensure the efficient realisation of the services that are the subject of the present contract. The training shall be based on general and/or professional training as well as on the features of this contract and regulatory training in terms of security clearance, hygiene and safety. The training programme relating to the installations and tools belonging to Parliament shall be brought regularly to the attention of the representative of the European Parliament, who shall be invited to involve its teams. This participation shall be deemed to be covered by the total fixed price if the training is organised on site by the Contractor.

4.2.2.4 Permanence of staff

The Contractor shall undertake, in the absence of a serious reason or a decision from the representative of the European Parliament, not to radically and quickly change the personnel in place. Staff rotation must not exceed one person per annum, except in the event of force majeure.

4.2.2.5 Behaviour and dress code

The Contractor's personnel shall observe the dress code and rules of behaviour appropriate for the site environment.

All of the Contractor’s personnel present on site, including supervisory staff, must permanently wear their company badge. Staff which come under the Administration part are exempt from this obligation. The Contractor shall for this purpose provide personnel with work uniforms and individual safety equipment adapted to their activity conforming with the regulations in force.


No members of staff shall be admitted if they are not wearing their work uniform and badge or if they are wearing an unkempt uniform. The Contractor shall undertake to comply and ensure compliance from its personnel and its potential subcontractors with the procedures and instructions in force at the European Parliament. These procedures concern more specifically the procedures for access to the buildings and premises as well as safety instructions. The Contractor’s personnel shall also be prohibited from:

• not respecting users,

• using the telephone without authorisation from the European Parliament or its representative,

• handling without authorisation, for whatever reason, the fixtures and equipment that are not covered by this contract, in particular IT equipment,

• eating meals or snacks inside the premises with the exception of rooms which have been specifically set aside for this use,

• bringing in or consuming alcoholic drinks on the premises, as well as getting into a drunken state there,

• causing disorder in any way,

• obtaining assistance for the realisation of their work from a person unknown to the Contractor,

• allowing persons not authorised by the European Parliament to access the buildings.

� This list is not exhaustive.

4.2.2.6 Temporary staff

The Contractor is not authorised to call upon temporary staff unless authorised in writing by the representative of the European Parliament in exceptional circumstances. In any event, these staff may only be called upon within the framework of occasional peaks in the workload that the Contractor’s own resources, on site or external to the site, cannot cope with. They will be subject to the same obligations as the Contractor’s own personnel.

It shall always be preferable for the Contractor to hire permanent staff or to use its own off-site resources rather than employing temporary staff.

4.2.2.7 Subcontracting

The Contractor may be called upon to partly subcontract certain services that are the subject of this contract on account of the specific equipment and/or skills which are required in order to perform them, but the Contractor shall remain the only point of contact for the European Parliament and shall maintain with regard to the European Parliament as well as third parties all responsibility for the management of its subcontractors and their actions. If subcontracting is not provided for in the initial offer, the Contractor shall in advance submit to the representative of the European Parliament a formal request for authorisation of subcontracting. The request shall state:

• the name or registered name and address of the subcontractor proposed to the European Parliament and its representatives for approval,

• the nature of the services for which the subcontracting is planned,

• the goods or installations concerned,

• the detailed provisions and conditions governing work by the subcontractor.


These services may only be subcontracted by the Contractor to the proposed candidate after receiving written approval from the representative of the European Parliament.

Any subcontracting that has not been approved by the representative of the European Parliament shall render the Contractor liable to the termination of the contract at the sole responsibility of the Contractor.

4.2.2.8 Employment legislation, social security obligations and safety

The Contractor is obliged to observe and ensure that its personnel observe the laws, provisions and regulations applicable in terms of employment legislation, social security legislation and employment safety. The European Parliament attaches paramount importance to the prevention of accidents and therefore reserves the right to stop any work where safety guarantees are not present during its realisation. The Contractor shall instruct its personnel on the safety procedures applicable on site and ensure that they are applied. These procedures, of which the implementation is the domain and responsibility of the Contractor, follow on from the Prevention Plan drawn up by the Contractor in collaboration with the representative of the European Parliament and include all the specific instructions and procedures laid down by the European Parliament’s Administration in this matter.

4.2.3 On-site organisation of human resources

4.2.3.1 Operational organisation chart

The operational organisation chart corresponds to the human resources structure that the Contractor is required to maintain on the site for the performance of the contract. This structure shall be defined in quantitative, qualitative, organisational and relational terms: all the staff shown in the organisation chart shall be assigned exclusively and full-time to the site which is the subject of this contract. Under no circumstances may it be less than the minimum operational organisation chart shown on the Human Resources sheet of the Special Technical Clauses and Specifications. The Minimum operational organisation chart defined in the Special Technical Clauses and Specifications is not representative of the staff numbers actually necessary for the performance of services under this contract. The Contractor shall therefore be required under its sole responsibility to complement the workforce in order to meet its obligations as to results. The complement can be made up of staff permanently appointed to the site or by sub-contracting arrangements. If the Contractor intends to use its own staff not permanently assigned to the site for occasional peaks, it must give priority to staff which are familiar with the site and its equipment and have the accreditation needed in order to access the site. For that purpose, the Contractor shall describe the organisational measures it intends to take.

It shall initially correspond to the basic proposal stipulated in the Contractor’s offer, after approval by the representative of the European Parliament. As the contract includes a performance target, the Contractor shall, if necessary, supplement the human resources initially proposed in order to meet its obligations. Any additional staff shall comply with the requirements of the Specifications according to the duties to be performed and shall be submitted for approval to the representative of the European Parliament with supporting documents. If appropriate, a proposal for amendment of the operational organisation chart may be submitted to the representative of the European Parliament by the Contractor.


This proposal, once validated by the representative of the European Parliament, shall become the new operational organisation chart required of the Contractor. If, however, this new operational organisation chart proves not to meet the requirements, the representative of the European Parliament may at any time require a return to the previous operational organisation chart, and the Contractor may not oppose this.

4.2.3.2 Updating organisation chart and qualifications

For each modification made to the composition of its personnel, whether these modifications relate to positions or qualifications, the Contractor must systematically send the representative of the European Parliament the updated organisational chart including postholders’ names and showing the qualifications of the personnel.

4.2.3.3 Compliance with minimum resources

The Contractor shall be required to maintain on site at all times a staffing level at least equal to that corresponding to the minimum resources shown on the Human Resources sheet of the Special Technical Clauses and Specifications. Failure to comply with this requirement shall result in the application of the penalties provided for by the Penalties sheet of the Special Technical Clauses and Specifications.

4.2.4 Verification and checking methods

4.2.4.1 Required documents

Each week, the Contractor shall be required to forward the weekly presence report listing by name the staff actually on site and the corresponding hours worked. Each month it shall forward the monthly presence summary. The documents concerned shall be defined by the Documents sheet in the Special Technical Clauses and Specifications. Parliament may at any time perform whatever additional checks it considers necessary.

4.2.4.2 Checks on presence

The Contractor shall be required to know at all times the exact assignment and location of its staff on the site and to communicate them without delay at the request of Parliament's representative. Parliament may at any time perform whatever checks it deems necessary in order to verify the presence of the Contractor’s staff.

4.2.4.3 Calculation of staff present and hours worked

The staff taken into account for the purpose of calculating the number of staff present shall correspond to the number of staff indicated in the operational organisation chart who is physically present on the site.

For the purpose of verifying compliance with the Minimum Resources, the staff present shall be broken down in accordance with the duties indicated on the Human Resources sheet of the Special Technical Clauses and Specifications.

For the purpose of verifying compliance with the minimum operational organisation chart, the record of hours worked shall be broken down in accordance with the duties indicated on the Human Resources sheet of the Special Technical Clauses and Specifications.


4.3 TECHNICAL RESOURCES


As the contract entails performance targets, the Contractor shall provide and ensure the permanence of the technical resources necessary to meet the targets set. The Contractor shall assume responsibility for ensuring that it can achieve the results expected with its resources and shall undertake in this regard to provide any technical resource that proves necessary in order to comply with the performance commitments laid down in this contract, without any limit.

4.3.2 Management tools

The Contractor shall implement and ensure the operation of all the management tools which are required within the framework of its remit. These management tools shall be computerised where possible.

4.3.3 CMMS tool

The COSWIN application is the CMMS tool which has been chosen by the European Parliament. It is the main tool for planning, monitoring services and using the resources and goods that are the subject of this contract. Its use is mandatory for the Contractor. Parliament shall make this tool available to the Contractor in order to ensure full transparency and traceability with regard to all the services relating to this contract, the monitoring of the goods and resources employed and assessment for practical purposes of the costs incurred in providing the services. The CMMS tool and the data that it contains are the property of the European Parliament. Throughout the performance of the contract, the Contractor shall ensure that all equipment falling within the technical scope of the contract is entered in the CMMS at the time of the current performance stage of the contract. User training for the Contractor’s staff shall be provided and paid for by the European Parliament.

4.3.4 Small tools and shared tools

The Contractor shall provide to its personnel, under its own responsibility, the small tools and shared tools necessary. These tools shall include measuring and checking devices. Any tool or equipment belonging to the Contractor must be recorded on entering and leaving the building.

4.3.5 Specific heavy machinery

The specific tools that may be provided by the builders or installers of equipment are deemed to be an integral part of the equipment in question and must be maintained in the same way as the latter. These tools are monitored using the CMMS tool. They must be kept in good working order and will be regularly checked; they must remain or be returned in accordance with the safety rules in force. Any level of maintenance operation that includes software upgrades shall be the sole responsibility of the Contractor.

4.3.6 Safety equipment

The Contractor must provide individual and collective safety equipment for its staff and the resources to access work at height. Each time that this is necessary, the Contractor must, at its own expense and after approval from the representative of the European Parliament, place blocks or diversions, put up signs and follows any procedures to ensure signalling and inform the various users and personnel of the European Parliament of the presence of prohibited areas.


In the event of the Contractor's negligence, or in the event of danger, the representative of the European Parliament reserves the right to take any useful measure at the expense of the Contractor, without giving prior formal notice and without releasing the Contractor from its responsibility in case of an accident. On no account may the taking of these measures, even on a temporary basis, affect the emergency routes and exits.

4.3.7 Premises provided

4.3.7.1 Office space

An agreement concerning the provision and use of premises made available to the Contractor's personnel shall be drawn up between the representative of the European Parliament and the Contractor on notification of the contract award. They shall be made available to the Contractor, who shall ensure they are supervised, maintained, and kept clean. These premises may only be used for the performance of the contract. The Contractor may, if it deems this useful, propose to the representative of the European Parliament the addition at its own expense of any additional features. The corresponding projects must receive written approval from the European Parliament on the description of the features before any work begins.

The representative of the European Parliament reserves the right to access these premises and the possibility of changing them, provided that he proposes other premises that satisfy regulatory requirements.

An inventory shall be mutually drawn up when the premises are made available and on their return. Parliament reserves the right to invoice the Contractor or to withhold from the sums owed to it the costs required to restore the premises.

4.3.7.2 Technical premises

The Contractor shall assume responsibility for all of the technical premises, including the equipment that is the subject of the present contract.

It shall ensure in this regard that they are kept perfectly clean.

The Contractor shall undertake to keep the technical premises locked and to prohibit access to any unauthorised person.

4.3.8 Goods belonging to the Contractor

The Contractor may, with the agreement of the representative of the European Parliament and under the conditions to be determined between the parties, purchase fixed or mobile equipment to facilitate the performance of tasks which are entrusted to its personnel assigned to the site. Upon the expiry of the contract or in the event of its premature termination, the fixed installations and the materials paid for by the Contractor shall be dismantled and removed by the Contractor at its own expense.

4.3.9 Goods and items belonging to the European Parliament

The Contractor shall be responsible for the conservation, maintenance and use of any materials and objects entrusted to it as soon as it comes into its actual possession. It may only make use of them for the purposes stipulated in the contract and shall ensure they are monitored and managed. These goods must be kept in good working order and regularly checked; they must remain or be returned in accordance with the safety rules in force. The maintenance and repair operations for these goods shall be the sole responsibility of the Contractor.


In case of loss, theft or deterioration due to incorrect use of this equipment, the Contractor shall notify the European Parliament as soon as possible of the missing items and shall assume the costs for repairing or replacing unusable material. If it cannot restore items or objects for whatever reason, it shall be required, after a decision from the representative of the European Parliament, to provide a replacement item or object that is functionally similar and of at least the same quality, or to reimburse Parliament for the item or object concerned.

4.3.10 Keys and access badges

If required, the European Parliament shall provide the Contractor with a sufficient quantity of keys or badges to enable access to certain premises related to the services concerned. The Contractor shall assume all responsibility for the use of these keys or badges made by its personnel. In case of loss or theft, the Contractor shall notify the European Parliament as soon as possible of the items missing. For the keys and passes, the Contractor must replace them, at his own expense, with barrels accessible with the pass in question.


5 DOCUMENTS The documents used within the framework of this contract, regardless of whether they are created by the Contractor or whether they are entrusted to it within the framework of its services, may not be communicated to any third parties without the prior consent of the European Parliament’s representative. All the documentation relating to this contract is and shall remain the sole property of the European Parliament. The Contractor is obliged, at the end of the contract, to return to the European Parliament representative all the documentation that it may have received or drawn up under the contract. The Contractor shall recognise that the moral and proprietary rights associated with any documents it has produced under this contract are automatically vested in the European Parliament, which alone holds the intellectual property rights.

5.1 BASIC CONTRACT DOCUMENTS The general documents include the basic documents relating to this contract:

• The Contract

• The Administrative Clauses

• The Special Administrative Clauses and Specifications

• The Special Technical Clauses and Specifications

• The Contractor’s methodology

• The Price schedule

These documents lay down the operating conditions and the scope of this contract. They do not assume any update, with the exception of the Special Technical Clauses and Specifications, which shall be regularly amended in line with developments in the scope of the lots concerned or the operating conditions of the contract. In the event of a contradiction between these documents, each document shall take precedence over the following document in the order indicated above.

5.2 DOCUMENTS TO BE PRODUCED In general, the Contractor is obliged to provide the European Parliament with all documentation or information which the latter deems necessary to verify or to follow up the services.

The documents required under this contract are defined on the Documents sheet of the Special Technical Clauses and Specifications. The Contractor shall not be able to cite the list of documents given on that sheet as grounds for refusing to submit a document or claiming any added value or compensation. Once the form and structure of the documents has been defined and agreed by the European Parliament’s representative, any amendment to or modification of the form or structure of the documents shall be subject to new validation by the European Parliament’s representative and shall result in the modification of the part of the Documents sheet of the Special Technical Clauses and Specifications which concerns it. The European Parliament or its representative must be able to consult these documents at any time, regardless of whether they are supplied regularly or communicated continuously by the Contractor. All of the documentation related to this contract shall be kept on site. The Contractor shall be responsible for storage and the management of the document collection which it establishes.


6 PERFORMANCE OF THE CONTRACT Performance of the contract consists of the following successive phases:

• Installation of the Contractor

• Assumption of responsibility for the installations

• Starting operation and maintenance

• Execution of the subject of the contract

• End of the contract – return of the installations

6.1 CONTRACTOR’S INSTALLATION PERIOD As soon as the contract has been signed, the Contractor can initiate the first phase of performance of the contract, i.e. putting in place the resources, procedures and documentation needed for execution of the subject of the contract. To do this, the Contractor shall second on a full-time basis on site the administrative and technical staff needed to:

• acquire perfect technical and geographical knowledge of the site,

• prepare the implementation of the resources defined in this document,

• finalise the initial version of the Manuals defined in this documentation and the methods and procedures which will be applied,

• draft and complete the Technical Operation Documents that they will need,

• put in place the site management tools,

• participate in mutually drawing up the inventory when the premises are made available.

It shall take all necessary steps with the European Parliament to ensure that its staff has access to the buildings, the various documents and the installations concerned by this contract.

6.2 ASSUMPTION OF RESPONSIBILITY FOR THE INSTALLATIONS

On the date set for assumption of responsibility for the installations, the Contractor shall be deemed to know the composition of the premises and the state and composition of the goods and materials to which this contract pertains. The operation and maintenance of the installations shall begin on that date, as of which the Contractor shall assume responsibility for the goods, and the clauses of this contract shall become fully applicable to it.

6.3 PERIOD OF STARTING UP OPERATIONS The period of starting up operations shall last for two months from the date of assumption of responsibility for the installations. During this period, the Contractor’s staff shall have the task of:

• setting up all of the human and technical resources planned by the present documents,

• setting up and applying all of the methods, procedures and instructions relating to the services in this contract.

6.3.1 Entry inventory

An inventory shall be mutually drawn up, during the Contractor’s installation period, between the Contractor, the outgoing Contractor and the representative of the European Parliament. The latter shall be able to choose to involve a third party here.


During the inspection for purposes of drawing up the inventory, the goods present which are the subject of this contract shall be identified and their condition ascertained, and the premises and goods made available to the operator under this contract shall be inspected.

6.3.2 Entry inventory report

An entry inventory report shall be mutually drawn up when the premises have been visited as described above. Structured by means of themed or technical headings for each particular point or anomaly identified it shall include:

• the name of the item,

• a description of the anomaly or the current state,

• the impact this will have on its operation,

• an objective statement on the seriousness,

• the definition of the responsibility or non-responsibility of the Contractor,

• a financial estimate of the costs of re-establishment to normal condition. In the event of disagreement concerning the findings, an expert shall be appointed by mutual agreement or, if no agreement is reached, by the court which has jurisdiction, at the initiative of whichever party first brings the matter before the court. The parties undertake to accept the conclusions of the expert, who shall submit them within one month. After this period has passed, a different expert may be appointed under the same conditions as above. The parties shall accept his conclusions unreservedly. Until the last day of the start-up period, the Contractor may submit additional observations on the state of the installations entrusted to it. If appropriate, these observations shall be incorporated in the entry inventory report. Once this period has passed, only the reservations indicated in the entry inventory report shall be taken into account for the purposes of this contract. On no account may the Contractor invoke reservations or points which have not been included in the entry inventory report in order to evade its obligations or justify any failure in carrying out the remit entrusted to it.

6.3.3 Technical documentation

Access to the technical realisation documents shall be given to the Contractor as of the effective date of the contract. This documentation shall remain the property of the European Parliament and shall only be used by the Contractor for the purposes of performance of this contract.

6.3.4 Inventory of goods entrusted to the Contractor

An exhaustive inventory of the goods, items and specific tools made available to the Contractor by the European Parliament shall be mutually established upon hand-over of those goods. It shall consist of all the elements related to the identification of the items concerned and their condition and shall then be continuously updated by the Contractor. This document shall be identified on the Documents sheet of the Special Technical Clauses and Specifications.

6.3.5 Payment for the operation start-up period

The payment for the Contractor's resources assigned or used within the framework of the starting-up of operations shall be included in the fixed payment.


6.4 OPERATION

6.4.1 Supporting documents

The documents due under this contract shall be provided by the Contractor in accordance with the frequencies and the dates laid down on the Documents sheet of the Special Technical Clauses and Specifications.

6.4.2 Meetings

The Contractor shall be responsible for the minutes of meetings between the representative of the European Parliament and the Contractor. They must be submitted to the representative of the European Parliament for approval within three days of the meeting.

6.4.2.1 Regular fixed meetings

The Contractor and the European Parliament shall exchange the supporting documents and the documents needed for these meetings in sufficient time to take note of the contents and, if necessary, analyse them. Annual prevention

The aim of this meeting is to validate the annual prevention plan due from the Contractor. It shall be held no later than the end of the year preceding the year in which the Annual prevention plan is established. For the first year of the contract, it shall be held in the Period of starting up operations. The resource used is the Annual prevention plan.

Annual review

This meeting shall cover the management of the maintenance and operation of the site as well as the installations report. On this occasion, the Contractor shall summarise its actions in this regard, the improvements made and the forecasts concerning equipment. This meeting shall be held in the month before the renewal or the end of the contract. The resources used are:

• the Annual installations report,

• the Annual activity report. Monthly operation/maintenance

This meeting covers operation and maintenance during the previous month. In addition to the statistical elements and the follow-up of the services, the outstanding facts are analysed and commented on here. It shall be held during the first week following the end of the month to which it relates. The resources used are:

• the Monthly activity report,

• the Monthly control centre report,

• the Monthly presence summary. Weekly operation/maintenance

This meeting covers operation and maintenance during the previous week and that planned for the current week and the following week. In addition to the statistical


elements and the follow-up of the services, the outstanding facts are analysed and commented on here. It shall be held during the first week following the week to which it relates.

6.4.2.2 Ad hoc meetings

In addition to the fixed meetings above, the Contractor and the European Parliament’s representative shall meet as often as necessary. Meetings shall be arranged by joint agreement or, failing that, demanded by the European Parliament’s representative. The Contractor cannot cite its workload to free itself from its obligation to attend the meetings to which it is invited.

6.5 END OF CONTRACT

6.5.1 Inventory

An inventory shall be drawn up in the presence of the parties, at the end of the contract, between the Contractor, the new Contractor and the representative of the European Parliament. The latter shall be able to choose to involve a third party here. This inventory of fixtures shall cover the condition of the goods covered by this contract, returned documentation and the goods or materials entrusted to the Contractor. The exit inventory report shall be mutually drawn up at the end of the joint inventory inspection. Structured by means of themed or technical headings for each particular point or anomaly identified it shall include:

• the name of the item,

• a description of the anomaly or the current state,

• the impact this will have on its operation,

• an objective statement on the seriousness,

• the definition of the responsibility or non-responsibility of the Contractor,

• a financial estimate of the costs of re-establishment to normal condition.

In the event of disagreement concerning the findings, an expert shall be appointed by mutual agreement or, if no agreement is reached, by the court which has jurisdiction, at the initiative of whichever party first brings the matter before the court. The parties undertake to accept the conclusions of the expert, who shall submit them within one month. After this period has passed, a different expert may be appointed under the same conditions as above. The parties shall accept his conclusions unreservedly. The financial costs arising from the conclusions of the exit inventory report and corresponding to the repair of the goods or their replacement due to any infringement of the obligations of this contract by the Contractor shall be withheld from outstanding invoices or from the performance guarantee.

6.5.2 Handover of installations

At the end of the performance of the contract, the Contractor must leave items or equipment perfectly clean, safe and in perfect working order.

6.5.3 Entrusted goods

The Contractor shall undertake to return to the European Parliament’s representative the goods entrusted to it or that the European Parliament has acquired under this contract. Such goods include (non-exhaustive list):

• data processing materials and tools,


• goods entrusted within the framework of the operations,

• specific maintenance tools,

• and in general all goods entrusted to the Contractor and monitored as such or given back in return for a receipt.

The goods not returned at the end of the contract shall be the subject of a financial valuation made on the basis of the cost of replacement.

6.5.4 Technical documentation and operation documentation

All the documents produced by the parties under this contract or given to the operator shall remain the property of the European Parliament and for this reason shall be returned to it at the end of the contract. This documentation includes (non-exhaustive list):

• the documents produced during the contract period,

• the documents given to the operator under this contract,

• the computer databases created by the tools implemented (CMMS, control centre, plan library, etc.),

• the technical or operational documentation,

• ...

Failure to return all or part of documentation at the end of the contract shall be valued either on the basis of amounts corresponding to the penalties which would have been applied during the contract, or, in the case of documents necessary for the maintenance and the operation of goods, on the basis of the actual costs of drawing them up once again.

6.5.5 Help for the new operator

For the period of installation of the new operator, the Contractor shall undertake to cooperate with the new operator without restriction and to initiate the new Contractor’s staff. The European Parliament shall give the new Contractor access to all the documents, plans and procedures relating to the contract.

SACS: Special Administrative Clauses and Specifications · SACS: Special Administrative Clauses and...

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