Contract number: ECHA/2019/355  FWC conditions of October 2018 
15 
‘Result’: any intended outcome of the implementation of the FWC , whatever its form  or 
nature. A result may be further defined in this FWC as a deliverable. A result may, in 
addition to newly created materials produced specifically for the contracting authority by 
the contractor or at its request, also include pre-existing materials;  
‘Specific contract’: a contract implementing the FWC and specifying details of a service 
to be provided; 
‘Supplier portal’: the e-PRIOR portal, which allows the contractor to exchange electronic 
business documents, such as invoices, through a graphical user interface.  
II.2. Roles and responsibilities in the event of a joint tender 
In the event of a joint tender submitted by a group of economic operators  and where the 
group does not have legal personality or legal capacity , one member of the group is 
appointed as leader of the group.  
II.3. Severability 
Each provision of this FWC is severable and distinct from the others. If a provision is or 
becomes illegal, invalid or unenforceable to any extent, it must be severed from the 
remainder of the FWC. This does not affect the legality, validity or enforceability of any 
other provisions of the FWC, which continue in full force and effect. The illegal, invalid or 
unenforceable provision must be replaced by a legal, valid and enforceable  substitute 
provision which corresponds as closely as possible with the actual intent of the parties 
under the illegal, invalid or unenforceable provision. The replacement of such a provision 
must be made in accordance with Article II.11. The FWC must be i nterpreted as if it had 
contained the substitute provision as from its entry into force. 
II.4. Provision of services 
II.4.1 Signature of the FWC does not guarantee any  actual purchase . The contracting 
authority is bound only by specific contracts implementing the FWC. 
II.4.2 The contractor must provide services of high quality standards, in accordance with 
the state of the art in the industry and the provisions of this FWC,  in particular the 
tender specifications and the terms of its tender . Where the contracting authority 
has the right to make modifications to the results, they must be delivered in a 
format and with the necessary information which effectively allow such 
modifications to be made in a convenient manner. 
II.4.3 The contractor must comply with the minimum requirements provided for in the 
tender specifications. This includes compliance with applicable obligations under 
environmental, social and labour law established by Union law, national law and 
collective agreements or by the international environ mental, social and labour law 
provisions listed in Annex X to Directive 2014/24/EU4 3, compliance with data 
protection obligations resulting from Regulation (EU) 2016/6795 4 and Regulation 
(EU) 2018/17255. 
                                           
3 OJ L 94 of 28.03.2014, p. 65 
4  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of 
natural persons with regard to the processing of personal data and on the free movement of such data, and 
repealing Directive 95/46/EC, OJ L 119,  4.5.2016, p. 1, https://eurlex.europa.eu/legal-
content/EN/TXT/?uri=uriserv:OJ.L_.2016.119.01.0001.01.ENG  
5  Regulation (EU) 2018/1725 of 23 October 2 018 on the protection of natural persons with regard to the 
processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement