Belgium – Cleaning services – Services de nettoyage des locaux du Circuit de Spa-Francorchamps

The contract involves the provision of various cleaning services for premises, changing rooms, public toilets and glazing at the Circuit de Spa-Francorchamps site. Exemptions, clarifications and comments

In accordance with Article 9, §4 of the Royal Decree of 14 January 2013 establishing the general rules for the execution of public procurement contracts (hereinafter “the GPR”), the tenderer is informed that the present special technical specifications deviates, due to the specific nature of the contract, from the following provisions:

- As the service provision is planned on an annual basis, the amount of the guarantee (Article 25, §2 GPR) is set at 5% of the contract value for execution over one year.

- Given that the nature of the contract requires rapid intervention to allow the service provider to rectify any failure without delay, any failure by the service provider to comply with the contract clauses (Article 44, §2 GPR) may be communicated by the contracting authority to the service provider by email, who confirms receipt and states their defence by email within 24 hours. This exemption is necessary because it is a service provision whose non-performance is likely to cause health and safety issues. Therefore, immediate action is required for the service provider to rectify the failure immediately.

- Given the nature of the contract and the potential extent of the damage that may result from failures committed by the contractor, Article 45, §2 of the GPR is waived, the maximum limit for unique general penalties being set at ... and the maximum limit for daily general penalties at ...

- Article 154 of the GPR is waived, with late penalties calculated at a rate of 10% due to the importance placed by the contracting authority on the quality of the services.