Common use of Procurement Clause in Contracts

Procurement. 1. Unless otherwise agreed by the Parties (the Council of Europe and the Grantee) in writing, the procurement of any goods, works or services and the award of grants by the Grantee and its partners in the context of the Action shall be carried out in accordance with the applicable rules and procedures adopted by the Grantee. 2. This shall apply on the understanding that the Grantee’s rules and procedures involve competitive tendering (with at least three competitive tenders) and conform to nationally or internationally accepted standards, in compliance with the principles of transparency, proportionality, sound financial management, equal treatment and non-discrimination, care being taken to avoid any conflict of interests. The Grantee must be in a position to submit the documents showing that it has complied with the obligations set forth in this article when requested to do so by the European Union, the Council of Europe or their designated auditors. 3. As a derogation to paragraph 2, above contracts may be negotiated directly with suppliers without competitive tendering, if the expenditure concerns a purchase for an amount of less than €2000 excluding tax, or less than €5000 excluding tax for intellectual services where the basic selection criterion is the service provider's technical expertise. 4. Without prejudice to the specific procedures and exceptions applied by the Grantee, the award by the Grantee of contracts financed under this Agreement may not be cumulative or retrospective or have the purpose or effect of producing a profit for the Grantee. 5. The Grantee shall adopt reasonable measures, in accordance with its own procedures, to ensure that potential candidates or tenderers and financial aid beneficiaries shall be excluded from participation in a procurement procedure or a procedure for the award of financial aid if: a) their legal status is unclear (e.g. they are unable to provide information concerning their incorporation under the applicable national law or registration with the tax and other competent authorities); or b) they are bankrupt or subject to bankruptcy proceedings, are being wound up, are in judicial liquidation, have entered into an arrangement with creditors, have suspended business activities, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; or c) they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata; or d) they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the European Union’s or the Council of Europe’s financial interests; or e) they are guilty of misrepresentation when supplying the information required as a condition of participation in the procedure or fail to supply this information; or 6. The grantee shall discharge the Council of Europe of all liability associated with any claim or action brought by a third party with whom the grantee enters into contracts for the purposes of implementation of the grant. 7. Before signing a procurement contract, the Grantee shall verify that the other party to the contract is not or that its owner(s) or executive officer(s), in the case of legal persons, are not included in the lists of persons or entities subject to restrictive measures applied by the European Union (available at xxx.xxxxxxxxxxxx.xx).

Procurement. 1. Unless otherwise agreed by the Parties (the Council of Europe and the Grantee) in writing, the procurement of any goods, works or services and the award of grants by the Grantee and its partners in the context of the Action shall be carried out in accordance with the applicable rules and procedures adopted by the Grantee. 2. This shall apply on the understanding that the Grantee’s rules and procedures involve competitive tendering (with at least three competitive tenders) and conform to nationally or internationally accepted standards, in compliance with the principles of transparency, proportionality, sound financial management, equal treatment and non-discrimination, care being taken to avoid any conflict of interests. The Grantee must be in a position to submit the documents showing that it has complied with the obligations set forth in this article when requested to do so by the European Union, the Council of Europe or their its designated auditors. 3. As a derogation to paragraph 2, above contracts may be negotiated directly with suppliers without competitive tendering, if the expenditure concerns a purchase for an amount of less than €2000 excluding tax, or less than €5000 excluding tax for intellectual services where the basic selection criterion is the service provider's technical expertise. 4. Without prejudice to the specific procedures and exceptions applied by the Grantee, the award by the Grantee of contracts financed under this Agreement may not be cumulative or retrospective or have the purpose or effect of producing a profit for the Grantee. 5. The Grantee shall adopt reasonable measures, in accordance with its own procedures, to ensure that potential candidates or tenderers and financial aid beneficiaries shall be excluded from participation in a procurement procedure or a procedure for the award of financial aid if: a) their legal status is unclear (e.g. they are unable to provide information concerning their incorporation under the applicable national law or registration with the tax and other competent authorities); or b) they are bankrupt or subject to bankruptcy proceedings, are being wound up, are in judicial liquidation, have entered into an arrangement with creditors, have suspended business activities, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; or c) they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata; or d) they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the European Union’s or the Council of Europe’s financial interests; or e) they are guilty of misrepresentation when supplying the information required as a condition of participation in the procedure or fail to supply this information; or f) they are subject to a conflict of interests. 6. The grantee shall discharge the Council of Europe of all liability associated with any claim or action brought by a third party with whom the grantee enters into contracts for the purposes of implementation of the grant. 7. Before signing a procurement contract, the Grantee shall verify that the other party to the contract is not or that its owner(s) or executive officer(s), in the case of legal persons, are not included in the lists of persons or entities subject to restrictive measures applied by the European Union (available at xxx.xxxxxxxxxxxx.xx).

Procurement. 1. Unless otherwise agreed by the Parties (the Council of Europe and the Grantee) in writing, the procurement of any goods, works or services and the award of grants by the Grantee and its partners in the context of the Action shall be carried out in accordance with the applicable rules and procedures adopted by the Grantee. 2. This shall apply on the understanding that the Grantee’s rules and procedures involve competitive tendering (with at least three competitive tenders) and conform to nationally or internationally accepted standards, in compliance with the principles of transparency, proportionality, sound financial management, equal treatment and non-discrimination, care being taken to avoid any conflict of interests. The Grantee must be in a position to submit the documents showing that it has complied with the obligations set forth in this article when requested to do so by the European Union, the Council of Europe or their designated auditors. 3. As a derogation to paragraph 2, above contracts may be negotiated directly with suppliers without competitive tendering, if the expenditure concerns a purchase for an amount of less than €2000 excluding tax, or less than €5000 excluding tax for intellectual services where the basic selection criterion is the service provider's technical expertise. 4. Without prejudice to the specific procedures and exceptions applied by the Grantee, the award by the Grantee of contracts financed under this Agreement may not be cumulative or retrospective or have the purpose or effect of producing a profit for the Grantee. 5. The Grantee shall adopt reasonable measures, in accordance with its own procedures, to ensure that potential candidates or tenderers and financial aid beneficiaries shall be excluded from participation in a procurement procedure or a procedure for the award of financial aid if: a) their legal status is unclear (e.g. they are unable to provide information concerning their incorporation under the applicable national law or registration with the tax and other competent authorities); or b) they are bankrupt or subject to bankruptcy proceedings, are being wound up, are in judicial liquidation, have entered into an arrangement with creditors, have suspended business activities, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; or c) they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata; or d) they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the European Union’s or the Council of Europe’s financial interests; or e) they are guilty of misrepresentation when supplying the information required as a condition of participation in the procedure or fail to supply this information; or f) they are subject to a conflict of interests. 6. The grantee shall discharge the Council of Europe of all liability associated with any claim or action brought by a third party with whom the grantee enters into contracts for the purposes of implementation of the grant. 7. Before signing a procurement contract, the Grantee shall verify that the other party to the contract is not or that its owner(s) or executive officer(s), in the case of legal persons, are not included in the lists of persons or entities subject to restrictive measures applied by the European Union (available at xxx.xxxxxxxxxxxx.xx).

Procurement. 1. Unless otherwise agreed by the Parties (the Council of Europe and the Grantee) in writing, the procurement of any goods, works or services and the award of grants by the Grantee and its partners in the context of the Action shall be carried out in accordance with the applicable rules and procedures adopted by the Grantee. 2. This shall apply on the understanding that the Grantee’s rules and procedures involve competitive tendering (with at least three competitive tenders) and conform to nationally or internationally accepted standards, in compliance with the principles of transparency, proportionality, sound financial management, equal treatment and non-discrimination, care being taken to avoid any conflict of interests. The Grantee must be in a position to submit the documents showing that it has complied with the obligations set forth in this article when requested to do so by the European Union, the Council of Europe or their designated auditors. 3. As a derogation to paragraph 2, above contracts may be negotiated directly with suppliers without competitive tendering, if the expenditure concerns a purchase for an amount of less than €2000 excluding tax, or less than €5000 excluding tax for intellectual services where the basic selection criterion is the service provider's technical expertise. 4. Without prejudice to the specific procedures and exceptions applied by the Grantee, the award by the Grantee of contracts financed under this Agreement may not be cumulative or retrospective or have the purpose or effect of producing a profit for the Grantee. 5. The Grantee shall adopt reasonable measures, in accordance with its own procedures, to ensure that potential candidates or tenderers and financial aid beneficiaries shall be excluded from participation in a procurement procedure or a procedure for the award of financial aid if: a) : their legal status is unclear (e.g. they are unable to provide information concerning their incorporation under the applicable national law or registration with the tax and other competent authorities); or b) or they are bankrupt or subject to bankruptcy proceedings, are being wound up, are in judicial liquidation, have entered into an arrangement with creditors, have suspended business activities, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; or c) or they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata; or d) or they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the European Union’s or the Council of Europe’s financial interests; or e) or they are guilty of misrepresentation when supplying the information required as a condition of participation in the procedure or fail to supply this information; oror they are subject to a conflict of interests. 6. The grantee shall discharge the Council of Europe of all liability associated with any claim or action brought by a third party with whom the grantee enters into contracts for the purposes of implementation of the grant. 7. Before signing a procurement contract, the Grantee shall verify that the other party to the contract is not or that its owner(s) or executive officer(s), in the case of legal persons, are not included in the lists of persons or entities subject to restrictive measures applied by the European Union (available at xxx.xxxxxxxxxxxx.xx).

Procurement. 1. Unless otherwise agreed by the Parties (the Council of Europe and the Grantee) in writing, the procurement of any goods, works or services and the award of grants by the Grantee and its partners in the context of the Action shall be carried out in accordance with the applicable rules and procedures adopted by the Grantee. 2. This shall apply on the understanding that the Grantee’s rules and procedures involve competitive tendering (with at least three competitive tenders) and conform to nationally or internationally accepted standards, in compliance with the principles of transparency, proportionality, sound financial management, equal treatment and non-discrimination, care being taken to avoid any conflict of interests. The Grantee must be in a position to submit the documents showing that it has complied with the obligations set forth in this article when requested to do so by the European Union, the Council of Europe or their designated auditors. 3. As a derogation to paragraph 2, above contracts may be negotiated directly with suppliers without competitive tendering, if the expenditure concerns a purchase for an amount of less than €2000 excluding tax, or less than €5000 excluding tax for intellectual services where the basic selection criterion is the service provider's technical expertise. 4. Without prejudice to the specific procedures and exceptions applied by the Grantee, the award by the Grantee of contracts financed under this Agreement may not be cumulative or retrospective or have the purpose or effect of producing a profit for the Grantee. 5. The Grantee shall adopt reasonable measures, in accordance with its own procedures, to ensure that potential candidates or tenderers and financial aid beneficiaries shall be excluded from participation in a procurement procedure or a procedure for the award of financial aid if: a) : their legal status is unclear (e.g. they are unable to provide information concerning their incorporation under the applicable national law or registration with the tax and other competent authorities); or b) or they are bankrupt or subject to bankruptcy proceedings, are being wound up, are in judicial liquidation, have entered into an arrangement with creditors, have suspended business activities, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; or c) or they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata; or d) or they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the European Union’s or the Council of Europe’s financial interests; or e) or they are guilty of misrepresentation when supplying the information required as a condition of participation in the procedure or fail to supply this information; or 6. The grantee shall discharge the Council of Europe of all liability associated with any claim or action brought by a third party with whom the grantee enters into contracts for the purposes of implementation of the grant. 7. Before signing a procurement contract, the Grantee shall verify that the other party to the contract is not or that its owner(s) or executive officer(s), in the case of legal persons, are not included in the lists of persons or entities subject to restrictive measures applied by the European Union (available at xxx.xxxxxxxxxxxx.xx).

Procurement. 1. Unless otherwise agreed by the Parties (the Council of Europe and the Grantee) in writing, the procurement of any goods, works or services and the award of grants by the Grantee and its partners in the context of the Action shall be carried out in accordance with the applicable rules and procedures adopted by the Grantee. 2. This shall apply on the understanding that the Grantee’s rules and procedures involve competitive tendering (with at least three competitive tenders) and conform to nationally or internationally accepted standards, in compliance with the principles of transparency, proportionality, sound financial management, equal treatment and non-discrimination, care being taken to avoid any conflict of interests. The Grantee must be in a position to submit the documents showing that it has complied with the obligations set forth in this article when requested to do so by the European Union, the Council of Europe or their its designated auditors. 3. As a derogation to paragraph 2, above contracts may be negotiated directly with suppliers without competitive tendering, if the expenditure concerns a purchase for an amount of less than €2000 excluding tax, or less than €5000 excluding tax for intellectual services where the basic selection criterion is the service provider's technical expertise. 4. Without prejudice to the specific procedures and exceptions applied by the Grantee, the award by the Grantee of contracts financed under this Agreement may not be cumulative or retrospective or have the purpose or effect of producing a profit for the Grantee. 5. The Grantee shall adopt reasonable measures, in accordance with its own procedures, to ensure that potential candidates or tenderers and financial aid beneficiaries shall be excluded from participation in a procurement procedure or a procedure for the award of financial aid if: a) : their legal status is unclear (e.g. they are unable to provide information concerning their incorporation under the applicable national law or registration with the tax and other competent authorities); or b) or they are bankrupt or subject to bankruptcy proceedings, are being wound up, are in judicial liquidation, have entered into an arrangement with creditors, have suspended business activities, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; or c) or they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata; or d) or they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the European Union’s or the Council of Europe’s financial interests; or e) or they are guilty of misrepresentation when supplying the information required as a condition of participation in the procedure or fail to supply this information; oror they are subject to a conflict of interests. 6. The grantee shall discharge the Council of Europe of all liability associated with any claim or action brought by a third party with whom the grantee enters into contracts for the purposes of implementation of the grant. 7. Before signing a procurement contract, the Grantee shall verify that the other party to the contract is not or that its owner(s) or executive officer(s), in the case of legal persons, are not included in the lists of persons or entities subject to restrictive measures applied by the European Union (available at xxx.xxxxxxxxxxxx.xx).

Procurement. 1. Unless otherwise agreed by the Parties (the Council of Europe and the Grantee) in writing, the procurement of any goods, works or services and the award of grants by the Grantee and its partners in the context of the Action shall be carried out in accordance with the applicable rules and procedures adopted by the Grantee. 2. This shall apply on the understanding that the Grantee’s rules and procedures involve competitive tendering (with at least three competitive tenders) and conform to nationally or internationally accepted standards, in compliance with the principles of transparency, proportionality, sound financial management, equal treatment and non-discrimination, care being taken to avoid any conflict of interests. The Grantee must be in a position to submit the documents showing that it has complied with the obligations set forth in this article when requested to do so by the European Union, the Council of Europe or their designated auditors. 3. As a derogation to paragraph 2, above contracts may be negotiated directly with suppliers without competitive tendering, if the expenditure concerns a purchase for an amount of less than €2000 excluding tax, or less than €5000 excluding tax for intellectual services where the basic selection criterion is the service provider's technical expertise. 4. Without prejudice to the specific procedures and exceptions applied by the Grantee, the award by the Grantee of contracts financed under this Agreement may not be cumulative or retrospective or have the purpose or effect of producing a profit for the Grantee. 5. The Grantee shall adopt reasonable measures, in accordance with its own procedures, to ensure that potential candidates or tenderers and financial aid beneficiaries shall be excluded from participation in a procurement procedure or a procedure for the award of financial aid if: a) : their legal status is unclear (e.g. they are unable to provide information concerning their incorporation under the applicable national law or registration with the tax and other competent authorities); or b) or they are bankrupt or subject to bankruptcy proceedings, are being wound up, are in judicial liquidation, have entered into an arrangement with creditors, have suspended business activities, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; or c) or they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata; or d) or they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the European Union’s or the Council of Europe’s financial interests; or e) or they are guilty of misrepresentation when supplying the information required as a condition of participation in the procedure or fail to supply this information; or 6. The grantee shall discharge the Council of Europe of all liability associated with any claim or action brought by a third party with whom the grantee enters into contracts for the purposes of implementation of the grant. 7. Before signing a procurement contract, the Grantee shall verify that the other party to the contract is not or that its owner(s) or executive officer(s), in the case of legal persons, are not included in the lists of persons or entities subject to restrictive measures applied by the European Union (available at xxx.xxxxxxxxxxxx.xx). ARTICLE 12 - ELIGIBLE COSTS  1. To be considered eligible as direct costs under this Agreement, costs must: be necessary for the purpose of the grant; comply with the principles of sound financial management, in particular best value for money and cost-effectiveness; have actually been incurred by the grantee during the implementation period as defined in Article 1.3 of this Agreement; be identifiable and verifiable by the European Union and the Council of Europe, in particular being recorded in the grantee's accounts and determined according to the accounting standards applicable to the grantee; comply with the requirements of applicable tax and social security legislation; be backed up by originals or certified copies of supporting documents (as the case may be in electronic form); and have been indicated in the estimated overall budget of the Action (see APPENDIX II). 2. Indirect costs may be considered eligible only where they are incurred by the grantee in connection with the Action which is the subject of the grant award; appear in the estimated budget; and are approved upon presentation of the final financial report. These costs shall not exceed the amount laid down, as the case may be, in APPENDIX II, and in no case may they exceed 7% of the total eligible costs. 3. It should be noted that, except when this is materially impossible (e.g. to pay taxi fares), all payments to third parties must be made by transfers to their bank account. 4. The following expenses shall not in any manner be considered as eligible costs (the list is not comprehensive): Debts and debts service charges; Provisions for losses or potential future liabilities; Loans to third parties; Interest owed by the Grantee to any third party; Items already financed through other sources Customs and import duties; Purchase, rent or leasing of facilities, or refurbishment of facilities unless directly related to the Action; Fines, Financial penalties and expenses of litigation; Bank charges, costs of guarantees and similar charges; Conversion costs, charges and exchange losses associated with any of the component specific euro accounts, as well as other purely financial expenses; Costs incurred outside the implementation period as defined in Article 1.3 of this Agreement; Costs incurred during suspension of the Agreement, excepted those considered by the Council of Europe as absolutely necessary to the preservation of the conditions of implementation of the Action; Items already financed in another framework; VAT recoverable under the applicable national VAT legislation.

Procurement. 1. Unless otherwise agreed by the Parties (the Council of Europe and the GranteeGrantees) in writing, the procurement of any goods, works or services and the award of grants by the Grantee Grantees and its partners in the context of the Action shall be carried out in accordance with the applicable rules and procedures adopted by the GranteeGrantees. 2. This shall apply on the understanding that the Grantee’s Grantees’ rules and procedures involve competitive tendering (with at least three competitive tenders) and conform to nationally or internationally accepted standards, in compliance with the principles of transparency, proportionality, sound financial management, equal treatment and non-discrimination, care being taken to avoid any conflict of interests. The Grantee Grantees must be in a position to submit the documents showing that it has complied with the obligations set forth in this article when requested to do so by the European Union, the Council of Europe or their designated auditors. 3. As a derogation to paragraph 2, above contracts may be negotiated directly with suppliers without competitive tendering, if the expenditure concerns a purchase for an amount of less than €€ 2000 excluding tax, or less than €€ 5000 excluding tax for intellectual services where the basic selection criterion is the service provider's technical expertise. 4. Without prejudice to the specific procedures and exceptions applied by the GranteeGrantees, the award by the Grantee Grantees of contracts financed under this Agreement may not be cumulative or retrospective or have the purpose or effect of producing a profit for the GranteeGrantees. 5. The Grantee Grantees shall adopt reasonable measures, in accordance with its own procedures, to ensure that potential candidates or tenderers and financial aid beneficiaries shall be excluded from participation in a procurement procedure or a procedure for the award of financial aid if: a) their legal status is unclear (e.g. they are unable to provide information concerning their incorporation under the applicable national law or registration with the tax and other competent authorities); or b) they are bankrupt or subject to bankruptcy proceedings, are being wound up, are in judicial liquidation, have entered into an arrangement with creditors, have suspended business activities, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; or c) they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata; or d) they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation organisation, money laundering, terrorist financing, terrorist offences or offences linked to terrorist activities, child labour or trafficking in human beings or any other illegal activity detrimental to the European Union’s or the Council of Europe’s financial interests; or e) they are guilty of misrepresentation when supplying the information required as a condition of participation in the procedure or fail to supply this information; or f) they are subject to a conflict of interests. 6. The grantee Grantees shall discharge the Council of Europe of all liability associated with any claim or action brought by a third party with whom the grantee enters into contracts for the purposes of implementation of the grant. 7. Before signing a procurement contract, the Grantee Grantees shall verify that the other party to the contract is not or that its owner(s) or executive officer(s), in the case of legal persons, are not included in the lists of persons or entities subject to restrictive measures applied by the European Union (available at xxx.xxxxxxxxxxxx.xx).

Procurement. 1. Unless otherwise agreed by the Parties (the Council of Europe and the Grantee) in writing, the procurement of any goods, works or services and the award of grants by the Grantee and its partners in the context of the Action project shall be carried out in accordance with the applicable rules and procedures adopted by the Grantee. 2. This shall apply on the understanding that the Grantee’s rules and procedures involve competitive tendering (with i.e. by obtaining at least three competitive tendersoffers for each purchase) and conform to nationally or internationally accepted standards, in compliance with the principles of transparency, proportionality, sound financial management, equal treatment and non-discrimination, care being taken to avoid any conflict of interests. The Grantee must be in a position to submit the documents showing that it has complied with the obligations set forth in this article when requested to do so by the European Union, the Council of Europe or their designated auditors. 3. As a derogation to from paragraph 2, 2 above contracts may be negotiated directly with suppliers without competitive tendering, if the expenditure concerns a purchase for an amount of less than €2000 Euros excluding tax, or less than €5000 Euros excluding tax for intellectual services where the basic selection criterion is the service provider's technical expertise. 4. Without prejudice to the specific procedures and exceptions applied by the Grantee, the award by the Grantee of contracts financed under this Agreement may not be cumulative or retrospective or have the purpose or effect of producing a profit for the Grantee. 5. The Grantee shall adopt reasonable measures, in accordance with its own procedures, to ensure that potential candidates or tenderers and financial aid beneficiaries shall be excluded from participation in a procurement procedure or a procedure for the award of financial aid if: a) their legal status is unclear (e.g. they are unable to provide information concerning their incorporation under the applicable national law or registration with the tax and other competent authorities); or b) they are bankrupt or subject to bankruptcy proceedings, are being wound up, are in judicial liquidation, have entered into an arrangement Agreement with creditors, have suspended business activities, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; or c) they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata; or d) they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the European Union’s or the Council of Europe’s financial interests; or e) they are guilty of misrepresentation when supplying the information required as a condition of participation in the procedure or fail to supply this information; or 6. The grantee shall discharge the Council of Europe of all liability associated with any claim or action brought by a third party with whom the grantee enters into contracts for the purposes of implementation of the grant. 7. Before signing a procurement contract, the Grantee shall verify that the other party to the contract is not or that its owner(sf) or executive officer(s), in the case of legal persons, they are not included in the lists of persons or entities subject to restrictive measures applied by the European Union (available at xxx.xxxxxxxxxxxx.xx)a conflict of interests.

Procurement. 1. Unless otherwise agreed by the Parties (the Council of Europe and the Grantee) in writing, the procurement of any goods, works or services and the award of grants by the Grantee and its partners in the context of the Action shall be carried out in accordance with the applicable rules and procedures adopted by the Grantee. 2. This shall apply on the understanding that the Grantee’s rules and procedures involve competitive tendering (with at least three competitive tenders) and conform to nationally or internationally accepted standards, in compliance with the principles of transparency, proportionality, sound financial management, equal treatment and non-discrimination, care being taken to avoid any conflict of interests. The Grantee must be in a position to submit the documents showing that it has complied with the obligations set forth in this article when requested to do so by the European Union, the Council of Europe or their designated auditors. 3. As a derogation to paragraph 2, above contracts may be negotiated directly with suppliers without competitive tendering, if the expenditure concerns a purchase for an amount of less than €2000 excluding tax, or less than €5000 excluding tax for intellectual services where the basic selection criterion is the service provider's technical expertise.than 4. Without prejudice to the specific procedures and exceptions applied by the Grantee, the award by the Grantee of contracts financed under this Agreement may not be cumulative or retrospective or have the purpose or effect of producing a profit for the Grantee. 5. The Grantee shall adopt reasonable measures, in accordance with its own procedures, to ensure that potential candidates or tenderers and financial aid beneficiaries shall be excluded from participation in a procurement procedure or a procedure for the award of financial aid if: a) their legal status is unclear (e.g. they are unable to provide information concerning their incorporation under the applicable national law or registration with the tax and other competent authorities); or b) they are bankrupt or subject to bankruptcy proceedings, are being wound up, are in judicial liquidation, have entered into an arrangement with creditors, have suspended business activities, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; or c) they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata; or d) they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the European Union’s or the Council of Europe’s financial interests; or e) they are guilty of misrepresentation when supplying the information required as a condition of participation in the procedure or fail to supply this information; or f) they are subject to a conflict of interests. 6. The grantee shall discharge the Council of Europe of all liability associated with any claim or action brought by a third party with whom the grantee enters into contracts for the purposes of implementation of the grant. 7. Before signing a procurement contract, the Grantee shall verify that the other party to the contract is not or that its owner(s) or executive officer(s), in the case of legal persons, are not included in the lists of persons or entities subject to restrictive measures applied by the European Union (available at xxx.xxxxxxxxxxxx.xx).