Teams assigned to the framework agreement and teams for the contracts based on a framework agreement

Procedure for making changes to assigned teams:

If any changes of any kind have to be made to teams assigned to the framework agreement, an e-email must e sent to imi_gestio_contractacio@bcn.cat with a copy for imi_acord_marc@bcn.cat attaching a statement of compliance from the company’s legal representative with details of the outgoing and incoming profiles and the reason for the change. Documentary proof of the replacement’s expertise and improvement criteria must also be attached; this must match the profile submitted in the current suppliers’ approval process.

Pursuant to the provisions of Clause 25.3.b) of the specific administrative terms and conditions of the reference Framework Agreement, during the term of this contract the Institute must be notified in advance of any substitutions or changes to the people initially registered for approval in the reference lot and/or sub-lot, with evidence that their employment situation is legal. If team members are replaced other than for reasons of force majeure, the replacement must have at least the same professional and technical characteristics as those required in Clause 7 of the technical specifications and with the improvements offered by the approved company in relation thereto.

However, regarding the general terms and conditions governing the provision of services under contracts based on a framework agreement in relation to the team involved, under section 9.2 of the technical specifications governing this Framework Agreement the successful bidder must maintain the team assigned to the contract for its entire term. If a member of the team has to be replaced other than for reasons of force majeure, the successful bidder must give the IMI at least 15 days’ prior notice, and the replacement must have at least the same professional and technical characteristics as those required in the contract based on a framework agreement. Otherwise, and if it is done without the Institute’s consent, a penalty may be applied.

The rotation may be subject to an SLA (service level agreement) and may therefore be subject to a penalty depending on the contract based on a framework agreement. Furthermore, the following is required:

  • A period of training, at the successful bidder’s expense, for the new member joining the provision of the service.
  • A minimum handover period of 15 days between the person leaving and the person joining.

By virtue of the above, this substitution, at the request of the approved company, must be communicated to the Institute prior to the tendering of any contract based on the professional profiles assigned to the approval in the reference lot and/or in the course of the execution of the contract based on the causes that may motivate this change, this not being admissible in the course of the awarding of a contract based on its possible effect on the principles of equality and non-discrimination between the approved companies in the process of evaluation of the offers, with the exception of cases of major cause that may occur.

 

Teams for contracts based on a framework agreement:

The profiles of the team assigned to a contract based on a framework agreement must match those of the team assigned to the framework agreement.

However, in some tenders, when so indicated in the administrative conditions document of the based contract, the inclusion of profiles not assigned to the framework agreement may be offered as an improvement to the work team. The inclusion of these profiles and the dedication offered may be detrimental to the dedication of the team initially foreseen in the specifications, although respecting the minimum dedication of the profiles required in the specifications.

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