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. Exceptions, 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 contracts (hereinafter "the GPR"), the tenderer's attention is drawn to the fact that the present special technical specifications deviates, due to the specificities 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 amount for execution over one year.

- Given that the nature of the contract requires rapid intervention to enable the service provider to remedy its default without delay, the power adjudicator may communicate the finding of any failure to perform the contract clauses by the service provider (Article 44, §2 GPR) by email to the service provider, who confirms receipt and states its means of defence by email within 24 hours. This exception is necessary because it is a service provision whose non-performance is likely to cause health and safety issues. Rapid action is therefore required for the service provider to immediately remedy its default.

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

- It is derogated from Article 154 of the GPR, the late penalties being calculated at a rate of 10% due to the importance given by the power adjudicator to the quality of the services ...