European Parliament EP/DGSAFE/UTSI/SER/ Special Technical Clauses and Specifications PENALTIES

Transcription

1 European Parliament EP/DGSAFE/UTSI/SER/ Special Technical Clauses and Specifications PENALTIES This document lays down the penalties applicable under this Contract. 8 Summary 8 Summary...1 General...2 Penalties by default Any breach of an obligation: Breach involving the falsification of checks or verification of the services...3 Contractual performance Non-compliance with minimum human resources Non-awareness of the allocation of staff present on the site Absence or late arrival to scheduled meetings Failure to submit or present documents Failure to keep documents up to date Failure to make proper use of the CMMS tool...4 Servicing Delays in carrying out preventive maintenance Non-fulfilment of the maintenance schedule...5 Operating requirements Number of failures over a given period Time between failures Response time Repair time Definitive repair time...6 Condition of installations and equipment General state of equipment Failure to hand over installations in good condition at the end of the contract Failure to return technical documents at the end of the contract...7 Ancillary works operations Failure to fulfil delivery or completion deadlines Failure to fulfil deadline for the lifting of reserves...8 EP/DGSAFE/UTSI/SER/ _12)_cstp_fiche_8_pénalités_EN Page 1 of 8

2 General This document sets out the penalties applicable under this contract. It may be updated in accordance with Article 3.3 of the SACS - Special Administrative Clauses and Specifications. The application of penalties does not release the CONTRACTOR from its contractual or legal obligations. EP/DGSAFE/UTSI/SER/ _12)_cstp_fiche_8_pénalités_EN Page 2 of 8

3 Penalties by default For all breaches of any clauses that form part of the present contract, for which no penalty has actually been defined, the default penalties shall apply: Any breach of an obligation: For any breach of any obligations, except the cases defined under section 8.2.2, a penalty of EUR 100 (one hundred) net will be applied per breach. If the breach concerns time limits, this penalty will be multiplied by the number of working days of delay, or hours of delay if the time limit is expressed in hours. As far as the application of penalties is concerned, each period commenced shall be regarded as a complete period Breach involving the falsification of checks or verification of the services For any breach preventing or distorting control or verification of services or having an influence on the indicators used within the framework of this contract, a penalty of EUR (one thousand) net will be applied per breach. If the breach concerns time limits, this penalty will be multiplied by the number of working days of delay, with each working day commenced being counted as a full day. EP/DGSAFE/UTSI/SER/ _12)_cstp_fiche_8_pénalités_EN Page 3 of 8

4 Contractual performance Non-compliance with minimum human resources Absence without replacement of the minimum human resources defined will be punished by a penalty equal to EUR 500 (five hundred) net per working day of absence and per person missing. The Minimum Human Resources are defined on the sheet Human Resources, which forms part of the Special Technical Clauses and Specifications (STCS) Non-awareness of the allocation of staff present on the site The Site Manager or Technical Manager must at all times be able to give details of the posting of his staff members on site (geog raphical location and activity). In the event of an incorrect or imprecise answer being given, a penalty of EUR 100 (one hundred) net shall be applied per person present on the site, whose allocations is not entirely known Absence or late arrival to scheduled meetings A failure of the CONTRACTOR'S staff to attend scheduled meetings or their late arrival will give rise to a penalty of EUR 100 (one hundred) net per person late or absent Failure to submit or present documents A penalty of EUR 200 (two hundr ed) net will be applied per document listed in the STCS Documents file if the document is not submitted within the specified deadlines. Such penalty is applied in an identical manner for all informative documents requested from the Contractor by the Parliament s Representative. Each penalty will be increased by EUR 50 (fifty) per day of delay commencing on the second day. When calculating this penalty, each day commenced shall be counted as a full day Failure to keep documents up to date For each out-of-date permanent document listed in the STCS Documents file, a penalty of EUR 500 (five hundred) net per document will be applied. Such penalty is applicable in an identical manner for all operational or technical documents related to the mission of the CONTRACTOR Failure to make proper use of the CMMS tool Any non-compliance relating to the use of the CMMS tool with respect to the provisions of this contract or the CMMS Manual, will give rise to a penalty of EUR (one thousand, five hundred) net. In the event of non-compliance with deadlines for entering records in the CMMS tool, a penalty of EUR 100 (one hundred) net shall be applicable per operation and per late working day. EP/DGSAFE/UTSI/SER/ _12)_cstp_fiche_8_pénalités_EN Page 4 of 8

5 Servicing Delays in carrying out preventive maintenance In the event that preventive maintenance is carried out more than 2 (two) weeks later than the date given in the agreed Maintenance Schedule, a penalty, the amount of which will correspond to the Standard hourly rate indicated by the CONTRACTOR in the Price Schedule, will be applied per operation and for each day in which the delay exceeds the deadline. This penalty will apply to all preventive maintenance operations Non-fulfilment of the maintenance schedule In the event of a failure to fulfil the agreed Programme of activities for maintenance teams, a penalty of EUR 100 (one hundred) net shall be applied in connection with each operation that is rescheduled without prior notice. EP/DGSAFE/UTSI/SER/ _12)_cstp_fiche_8_pénalités_EN Page 5 of 8

6 Operating requirements System or component failure times and response times for the Contractor s teams will be calculated on the basis of CMMS data or any time-stamped record Number of failures over a given period The Maximum number of failures within a given period of time is laid down for each equipment family in the document STCS - Operating requirements. In the event that the CONTRACTOR exceeds the Maximum number of failures within a given period of time, a penalty of EUR 100 (one hundred) net will be applied for each equipment failure exceeding the maximum number of failures defined Time between failures The Minimum period between failures is laid down for each equipment family in the document STCS - Operating requirements. In the event that the CONTRACTOR fails to adhere to the Minimum period between failures, a penalty of EUR 100 (o ne hundred) net will be applied for each equipment failure that is not in keeping with the defined period between failures Response time The Maximum response time is laid down for each equipment family in the document STCS - Operating requirements. The working hours taken into consideration are those defined for the purpose of the present contract. In the event that the CONTRACTOR exceeds the Maximum response time, a penalty of EUR 100 (one hundred) net will be applied for each operation in relation to which the maximum response time is exceeded Repair time The Maximum repair time is laid down for each equipment family in the document STCS - Operating requirements. In the event that the CONTRACTOR exceeds the Maximum repair time, a penalty of EUR 100 (one hundred) net will be applied for each hour of the delay and any periods of less than one hour will be counted as a full hour Definitive repair time The Definitive repair time is laid down for each equipment family in the table STCS - Operating requirements - Response times. This deadline shall be extended by lead times for duly justified items not included in the Maintenance Stock. Article lead times are communicated to the Parliament Representative within two days of discovering a failure. In the event that the CONTRACTOR exceeds the Definitive repair time, a penalty of EUR 200 (two hundred) net will be applied for each day of the delay and any periods of less than one day will be counted as a full day. EP/DGSAFE/UTSI/SER/ _12)_cstp_fiche_8_pénalités_EN Page 6 of 8

7 Condition of installations and equipment General state of equipment If equipment is abnormally dirty or in poor condition, a penalty of EUR 100 (one hundred) net will be applied for each observation made. This penalty may be applied several times to the same item of equipment, in so far as the contractor does not take the necessary measures to return it to its normal condition within the periods laid down in accordance with the Definitive repair time for the equipment concerned Failure to hand over installations in good condition at the end of the contract A penalty equivalent to one twelfth of the annual net value of the contract will be applied to the Contractor if, on the last day of the contract, the installations are not handed over in good condition. This penalty is in addition to all current penalties without limit Failure to return technical documents at the end of the contract In the event that specified documents required under the contract and the CMMS and CAD software and databases are not returned on the last day of the contract, a penalty equivalent to 10% of the total annual fixed contract price, net of taxes, will be applied. This penalty is in addition to all current penalties without limit. EP/DGSAFE/UTSI/SER/ _12)_cstp_fiche_8_pénalités_EN Page 7 of 8

8 Ancillary works operations Failure to fulfil delivery or completion deadlines In the event that the CONTRACTOR fails to fulfil the delivery or achievement deadlines agreed on acceptance of the order for ancillary works operations, a penalty corresponding to 1% of the total amount of the service concerned will be applied for every working day of the delay. The maximum percentage applicable for the purpose of this penalty is the one that corresponds to the Business coefficient specified in the Price Schedule. Once that percentage has been reached, the order concerned may be cancelled by operation of law by the representative of the European Parliament, though the penalties will still be payable by the CONTRACTOR. In the event that the delay in the execution of the work or delivery of the items ordered is attributable to the European Parliament, the delay attributable to the Parliament will be added to the period of time in question Failure to fulfil deadline for the lifting of reserves In the event that the CONTRACTOR fails to fulfil the deadline laid down for the lifting of reserves, a penalty will be applied corresponding to the total price of the service ordered, multiplied by the Business coefficient specified in the Price Schedule. In the event that the delay in the lifting of reserves is attributable to the European Parliament, the delay attributable to the Parliament will be added to the period of time in question. EP/DGSAFE/UTSI/SER/ _12)_cstp_fiche_8_pénalités_EN Page 8 of 8