Framework Agreement Consulting by wvb22405

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									                                                                              Appendix 4            1


                                         The following


           FRAMEWORK AGREEMENT CONCERNING AUCTION
                    CONSULTING SERVICES

has been concluded between Post- och telestyrelsen (the National Post & Telecom
Agency), organisation number 202100-4359 (referred to below as PTS) and …,
company/organisation number ….. (referred to below as the Consultant).


Clause 1       Scope of the Framework Agreement

This Framework Agreement between PTS and the Consultant consists of the following parts:

Part 1: Consulting services for auction design and

Part 2 A: Development, implementation and operation of electronic auctions (SMRA
auctions) over the public Internet AND/OR

Part 2 B: Development, implementation and operation of electronic auctions (clock auctions)
over the public Internet

Within the scope of the Framework Agreement, PTS will - through a procedure for call-off -
request offers from the Consultant for services under either of the parts above. In case more
than one Consultant bound by a Framework Agreement submit bids, PTS will select the bid
with the lowest total price (if for part 1)/lowest estimated price (if for part 2 A or part 2 B).
In case two or more bids offer the same lowest price, PTS will designate the winning bid by
lot.

PTS will conclude a Delivery Agreement with the winning consultant after the procedure for
call-off has been completed. That Delivery Agreement will regulate terms such as time for
the delivery of the services, pricing etc.

PTS reserves the right to request offers from the Consultant at such times as PTS considers
that a need for services arises. No volume or number of hours can be guaranteed. The scope
and performance of the services shall take place in accordance with the Service Specification.

The terms in the Delivery Agreement, this Framework Agreement, the terms of the Service
Specification and PTS’ General Terms of Contract for services shall apply to the services in
the order of priority given here.

The parties shall continuously provide information to each other concerning changes that are
of importance for the implementation of the Framework Agreement.

Clause 2       Entry into force and term of Framework Agreement
The Framework Agreement enters into force after the Framework Agreement has been signed
by authorised signatories for both parties. The term of the contract is two (2) years.
                                                                            Appendix 4          2


The term of the contract may be extended by two (2) years if PTS, no later than three (3)
months prior to the end of the term of the contract, so requests in writing.

Clause 3       Personnel
Part 1: Consulting services for auction design

In order to perform the services, the Consultant undertakes to use the personnel described in
the tender.

The Consultant is entitled to use other personnel than those described in the tender with the
approval of PTS. In order to obtain approval, the competence and experience of the personnel
shall to the greatest possible extent correspond to that possessed by the personnel referred to
in the tender.

The Consultant is responsible for sub-consultants engaged as if for its own work under this
contract. Sub-consultants shall satisfy the same requirements that PTS imposed on the
Consultant. A sub-consultant engaged shall have been named in the tender or have been
approved by PTS subsequently.

Part 2 A and B: Development, implementation and operation of electronic auctions over the
public Internet

The Consultant undertakes, in conjunction with the performance of the services, to use for the
work an appropriate number of people for the task with adequate education and skills.

The Consultant is responsible for sub-consultants engaged as if for its own work under this
contract. Sub-consultants shall satisfy the same requirements that PTS imposed on the
Consultant. A sub-consultant engaged shall have been named in the tender or have been
approved by PTS subsequently.

Clause 4       Disqualification, etc.
The Consultant undertakes to protect and represent the interests of PTS when carrying out
work under this Framework Agreement. The Consultant and its personnel may during the
term of the contract not conduct operations that may adversely affect confidence in anything
relating to the services.

Clause 5       Call-off
Call-offs from the Framework Agreement shall be in writing. For each call-off the Consultant
will be given reasonable time to provide a bid. The bid shall be in writing. Details regarding
the information requested will be clarified in each call-off.

Clause 6        Location for performance of the commission
The services shall be carried out at the Consultant’s premises (with the exceptions provided
for in the Service Specification) unless otherwise agreed with PTS.

Clause 7       Price
The Consultant will be paid in accordance with each concluded Delivery Agreement.
Currency for payment is Swedish kronor (SEK) unless otherwise stipulated.
                                                                              Appendix 4          3




The prices per hour shall be fixed through the entire term of contract including extension, if
any.

The estimated prices offered in each bid shall be in line with the price estimates given for the
model auction cases in the tender. If the prices deviate from the price estimates given in the
tender, the Consultant must provide an explanation that must be accepted by PTS.

Clause 8       Terms of payment
Payment shall be made no later than thirty (30) days after PTS has received an invoice.
Invoices shall be issued monthly in arrears after the performance of services within the terms
of the Framework Agreement.

Demands for advance payments are not accepted, nor are charges for invoicing or other
administrative charges accepted.

Clause 9       Right to work results
All data (excluding intellectual property to computer software) of whatever kind produced by
the Consultant or its sub-Consultant during the performance of services within the terms of
this Framework Agreement shall be the property of PTS unless otherwise stipulated.

Clause 10      Revocation of contract
In addition to the right of revocation of contract specified in PTS’s General Terms of
Contract for services, clause 11, PTS shall be entitled to cancel all or part of this Framework
Agreement

a)    if delivery/part-delivery of services is defective and this is not due to PTS or
      circumstances on PTS's part and the defect may be regarded as a substantial breach of
      contract; or

b)    if PTS has good cause to suppose that a breach of contract pursuant to a) above,
      conferring entitlement to cancellation for default, will occur in respect of a future
      delivery; or

c)    if the Consultant fails to perform other conditions of this Framework Agreement and
      this may be regarded as constituting a substantial breach of contract.

PTS shall inform the Consultant as soon as possible after discovery of any of the above and
give the Consultant an opportunity to remedy the fault. If the breach of contract has not been
remedied within 30 days PTS shall have the right to revoke the contract.

If delivery is to take place by means of separate part-deliveries and PTS cancels the
Agreement in respect of a part-delivery, PTS may at the same time cancel the Agreement in
respect of part-deliveries already made or to be made at a later date, if, as a consequence of
the fact that one part-delivery is dependent on another part-delivery, PTS would suffer
serious inconvenience by abiding by the Agreement in respect of said part-deliveries.
                                                                             Appendix 4     4


Clause 16       Contact persons
Requests for offers, orders and other contacts pursuant to this Framework Agreement shall
take place through the contact person appointed by PTS and named below.

The contact persons are
For PTS:                  N.N.
For the Consultant:       N.N.




This Framework Agreement has been prepared in duplicate, for which the parties have each
received their part.

Stockholm ……………..…….


Post- och telestyrelsen                     Consultant

.................................………………     ...................................……………….

Authorised signatory                        Authorised signatory

								
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