WRITTEN QUESTION E-2095/02

by Michiel van Hulten (PSE)and Diana Wallis (ELDR) to the Commission

(16 July 2002)

Subject: Multiple framework contracts for translation services

1. Can the Commission confirm that the conclusion of multiple framework contracts for translation services is fully justified in the light of:

(a) the impossibility of determining any but the most general aspects of the service required at the moment of award of the contracts (specifically neither volume nor deadline can be specified) and

(b) the urgency with which the service is required and that, in the case of translation services, multiple framework contracts do not constitute an exception but are accepted as the norm?

2. Can the Commission confirm that, given the legal framework, there are no legal grounds to prevent authorising officers managing multiple framework contracts for translation services from operating a system of on-going assessment of the quality of service actually offered during the contract period, with the ranking of contractors being adjusted to reflect the actual quality, subject to announcement (in accordance with Article 98a (3)(b) and (4) of the Implementing Rules for the Financial Regulation) of the intention to operate such a system in the contract notice, tender specification and framework contract?

Answer given by Mr Kinnock on behalf of the Commission

(8 October 2002)

It should be noted that each Institution as an independent contracting authority is solely responsible for applying the procedures for the award of public procurement contracts and the management of such contracts in the general framework of the Financial Regulation.

In the Commission, the conclusion of multiple standard-form general contracts is possible only if:

- the undifferentiated nature of the services does not allow subdivision of the contract into lots,

- security of supply might not be guaranteed otherwise (scale of requirement compared with the market capacity) or urgency and extremely short response is required, and

- the work to be done cannot be defined precisely when the contract is awarded.

The Commission can assure the Honourable Members that authorising officers managing multiple framework contracts for translation services have a legal obligation to assess the quality of service actually provided during the contract period in order to verify the proper execution of the contract (Articles 1(2) and 68 of the Rules for the implementation of certain provisions of the Financial Regulation of 21 December 1977).

Under a multiple framework contract the authorising department may call the second contractor on the list, rather than the contractor heading the list, and then, if necessary the third, and so on, if the preceding contractors are unable to fulfil the order for reasons that do not entail termination of the contract.

In some exceptional cases, in particular for certain services falling under annex 1B of Directive 92/50/EC on the coordination of procedures for the award of public service contracts, the Commission may find it possible to accept multiple framework contracts according to the provisions of which the ranking of the contractors can be readjusted. This is only accepted on a case by case basis, after a thorough analysis of all the documents submitted and subject to prior announcement of the intention to operate such a system in the documentation of the invitation to tender. Full justification has to provided by the authorising department.