6. b2. Special Conditions.docx

SPECIAL CONDITIONS

CONTENTS

These conditions amplify and supplement, if necessary, the general conditions governing the contract. Unless the special conditions provide otherwise, those general conditions remain fully applicable. The numbering of the articles of the special conditions is not consecutive but follows the numbering of the articles of the general conditions. In exceptional cases, and with the authorisation of the appropriate Commission departments, other clauses may be added to cover specific situations.

1. Language of the contract

1.1 The language used shall be English or National Language.

2. Communications

2.1 Contact details:

Contact name: Olga Gherman

Address: Technical University of Moldova, MD-2004, Chisinau, 168 Stefan cel Mare si Sfant Avenue, off 111

E-mail: [email protected]

2.2 An electronic system will be used by the contracting authority and the contractor for all stages of implementation including, inter alia, management of the contract (amendments and administrative orders), reporting (including reporting on results) and payments.

3. General obligations

3.1 The activities must comply with the rules lay down in the Communication and Visibility Manual for EU External Actions published on the website of DG International Partnerships: https://ec.europa.eu/europeaid/funding/communication-and-visibility-manual-eu-external-actions_en .

3.2. The winning bidder must comply with all requirements specified in the Task Book (Caiet de Sarcini / Technical Specifications).

3.3. The winning bidder must designate a Contract Manager in accordance with section 6.2.1 of the Task Book. The Contract Manager shall have the legal authority to represent the contractor under the contract and shall fulfil the minimum requirements set out in section 6.2.1. The schedule of periodic meetings for project implementation shall be established jointly with UTM within 30 calendar days from the date of entry into force of the contract, in accordance with section 6.2.2 of the Task Book.

4. Origin

4.1 All goods purchased can originate in any country.

5 Performance guarantee

5.1 Performance guarantee is required.

6 Programme of implementation of tasks

6.1 The start date for implementation shall be the date of signature of the contract by both parties.

6.2. The implementation period consists of two phases:

a) Implementation Phase: begins from the date of contract signature and shall not exceed 7 (seven) months, in accordance with section 5.1.1 of the Task Book. During this phase:

- 5G radio coverage in the UTM laboratory room shall be provided within maximum 2 (two) months from the start of the contract (subject to the dedicated spectrum being available at contract signing), in accordance with section 5.1.1 of the Task Book;

- Complete delivery of the 5G UPF, including its integration with the initially installed 5G radio system, shall be completed within 7 (seven) months from the start of the contract, in accordance with section 5.1.1 of the Task Bo

UPF, including its integration with the initially installed 5G radio system, shall be completed within 7 (seven) months from the start of the contract, in accordance with section 5.1.1 of the Task Book.

b) Operation/Exploitation Phase: begins upon formal validation of the service by UTM following completion of the Implementation Phase and extends until the end of month 24 (twenty-four) from the date of contract signature, in accordance with section 5.1.2 of the Task Book. The starting month of this phase shall not exceed month 7 (seven) from the start of the contract. This phase covers: operation and maintenance of the network and all constructive elements throughout the life cycle of UTM’s hybrid private 5G network, as defined in section 5.1.2 of the Task Book.

6.3. The total contract duration is 24 (twenty-four) months (2 years) from the date of contract signature, in accordance with sections 5.1.1 and 5.1.2 of the Task Book.

7. Tax and customs arrangements

7.1 The applicable tax and customs arrangements are the following:

The European Commission and the Republic of Moldova have agreed, according to the Annex No. 1 of the Government Decision no. 246 of 08.04.2010, to allow full exemption from the following taxes: VAT and customs duties.

8. Commencement order

8.1 The supply contract shall enter into force from the date of signature from both sides.

9. Period of implementation of the tasks

9.1 The total implementation period (Implementation Phase + Operation/Exploitation Phase) shall not exceed 24 (twenty-four) months from the date of contract signature, in accordance with sections 5.1.1 and 5.1.2 of the Task Book.

9.2. The Implementation Phase shall not exceed 7 (seven) months from the date of contract signature, in accordance with section 5.1.1 of the Task Book.

9.3. The Operation/Exploitation Phase shall begin no later than month 7 (seven) after the date of contract signature and shall extend until month 24 (twenty-four) of the contract, in accordance with section 5.1.2 of the Task Book.

10. Quality of supplies

10.1 In case the quality or quantity of supplies will be supplied in unsatisfactory conditions/quality the Contacting Authority reserves the right to reduce the total amount of the contract by the amount of such goods supplied in the insufficient quantity and/or unsatisfactory quality.

10.2. The contractor must comply with the Service Level Agreement as defined in sections 6.3.1 through 6.3.3 of the Task Book, including:

- Transport and Core network availability: ≥ 90% monthly, within normal working hours (Monday–Friday, 09:00–17:00), as per section 6.3.3 of the Task Book;

- Radio network availability: ≥ 90% monthly, within normal working hours (Monday–Friday, 09:00–17:00), as per section 6.3.3 of the Task Book;

- Maximum data transfer rate: ≥ 100Mbps (DL) ≥ 20 Mbps (UL);

- Latency: < 50 ms, as per sections 3.3.4.2 and 6.3.3 of the Task Book.

11. Inspection and testing

11.1 The equipment and services will be inspected and tested at the

e: ≥ 100Mbps (DL) ≥ 20 Mbps (UL);

- Latency: < 50 ms, as per sections 3.3.4.2 and 6.3.3 of the Task Book.

11. Inspection and testing

11.1 The equipment and services will be inspected and tested at the Contracting Authority premises upon delivery and during the operation phase.

11.2. The winning bidder must present a test plan detailing the specific tests for the contracted services in accordance with the regulations in force.

12. General principles for payments

12.1 Payments shall be made into the bank account notified by the contractor to the contracting authority (Annex V, Financial Identification Form).

The payment will be made upon the receipt of the Commercial Invoice and the duly signed Act of Acceptance (Certifying Document of Handing Over the Goods), as referenced in the Technical Specifications, together with the Tax Invoice. Payments shall be made in Moldovan lei (MDL), converted at the official monthly rate of the European Commission (InforEuro) applicable to the month in which the invoice is issued, as published on the European Commission's website (https://commission.europa.eu/funding-and-tenders/procedures-guidelines-tenders/information-contractors-and-beneficiaries/exchange-rate-inforeuro_en), within 10 working days from the receipt of the above-mentioned documents.

Pre-financing is not applicable to this contract.

Payments may be structured in milestones linked to the delivery of key project phases as agreed between the parties

13. Data protection

13.1. Processing of personal data related to the implementation of the contract by the contracting authority takes place in accordance with the national legislation of the state of the contracting authority and with the provisions of the respective financing agreement.

14. Service Level Agreement (SLA) and incident management

14.1. The contractor must comply with the SLA requirements as defined in sections 6.3.1 through 6.3.3 of the Task Book.

Incidents shall be prioritised and resolved within the following maximum timeframes, in accordance with section 6.3.1 of the Task Book:

P1 (Critical – total network failure): response < 8 hours, resolution < 24 hours;

P2 (Serious – partial network failure): response < 12 hours, resolution < 48 hours;

P3 (Minor – all other situations): response < 16 hours, resolution < 96 hours.

For technical support requests, in accordance with section 6.3.2 of the Task Book: response < 14 business days, resolution < 28 business days.

14.2. The monitoring and review of SLA compliance shall be carried out through periodic and systematic meetings between UTM and the contractor, as defined in section 6.2 of the Task Book. The Contract Manager designated in accordance with section 6.2.1 shall represent the contractor in these meetings and shall be responsible for assessing overall service delivery.

15. Governance and reporting

15.1. Within 30 calendar days from the date of entry into force of the contract, UTM and the contractor will jointly establish the schedule of p

overall service delivery.

15. Governance and reporting

15.1. Within 30 calendar days from the date of entry into force of the contract, UTM and the contractor will jointly establish the schedule of periodic meetings for project implementation.

15.2. As part of its technical offer, the contractor shall submit a GANTT-type implementation schedule, divided into implementation times, allocated resources and compliance with the terms defined in the Task Book, in accordance with section 6.2.2 of the Task Book. Project control and monitoring shall be structured around the periodic meetings referred to in Article 15.1, which will vary in frequency and content depending on the project phase.