Contract number: ECHA/2019/355  FWC conditions of October 2018 
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II.16. Reduction in price 
II.16.1. Quality standards 
If the contractor fails to provide the service in accordance with the FWC or a specific 
contract (‘unperformed obligations’) or if it fails to provide the service in accordance with 
the expected quality levels specified in the tender specifications (‘low quality delivery’), the 
contracting authority may reduce or recover payments proportionally to the seriousness of 
the unperformed obligations or low quality delivery. This includes in particular cases where 
the contracting authority cannot approve a result, report or deliverable as defined in Article 
I.6 after the contractor has submitted the required additional information, correction or 
new version.  
A reduction in price may be imposed together with liquidated damages under the conditions 
of Article II.15. 
II.16.2. Procedure 
The contracting authority must formally notify  the contractor of its intention to reduce 
payment and the corresponding calculated amount.  
The contractor has 30 days following the date of receipt to submit observations. Failing 
that, the decisio n becomes enforceable the day after the time limit for submitting 
observations has elapsed.  
If the contractor submits observations, the contracting authority, taking into account the 
relevant observations, must notify the contractor:  
(a) of the withdrawal of its intention to reduce payment; or  
(b) of its final decision to reduce payment and the corresponding amount,.  
II.16.3. Claims and liability 
Any reduction in price does not affect the contractor’ s actual or potential liability or the 
contracting authority’s rights under Article II.18. 
II.17. Suspension of the implementation of the FWC 
II.17.1. Suspension by the contractor 
If the contractor is affected by force majeure, it may suspend the provision of the services 
under a specific contract. 
The contractor must immediately notify the contracting authority of the suspension. The 
notification must include a description of the force majeure and state when the contractor 
expects to resume the provision of services. 
The contractor must notify the contracting authority as soon as it is able to resume 
performance of the specific contract , unless the contracting authority has already 
terminated the FWC or the specific contract. 
II.17.2. Suspension by the contracting authority 
The contracting authority may suspend the implementation of the FWC or performance of