ORDER FOR THE PROVISION OF SERVICES
The European Central Bank
D-60311 Frankfurt am Main
Oliver Wyman GmbH
60308 Frankfurt am Main
Following the conduct of a procurement procedure and the Contractors final offer
(Appendix I) the ECB and the Contractor have concluded a framework contract regarding
the provision of Project Management and Organisational Services to the ECB concerning
balance sheet assessment relating to the Single Supervisory Mechanism (Lot 1)
According to Article 2.1 of the Framework Contract, the ECB shall issue an Order
specifying the scope of Services to be provided, the time limits and the prices;
The Contractor shall confirm its acceptance by countersigning and returning the Order;
Upon signature by both parties the Contractor shall perform the Services specified in this
Order in accordance with the provisions of the Framework Contract and this Order.
THE PARTIES HAVE AGREED AS FOLLOWS:
Scope of Services
The services to be provided by the Contractor to the ECB (the ‘Services’) for a period
of 12 months following the signature of this Order, on the basis of the proposed
deployment of resources and operational proposal for the delivery of the services,
which shall comprise:
The scope of Services shall include
The Contractor shall perform the Services in accordance with this order (‘Order’) and
the specifications laid down in the Framework Contract unless otherwise explicitly
stated in this Order.
The Contractor’s contact point within the ECB shall be the Directorate General
The ECB appoints
as contract managers.
Unless otherwise explicitly stated in this Order, the provisions of the Framework
Contract shall apply.
The Contractor’s staff
The Contractor shall perform the Services through its staff. The Contractor shall not
replace these staff unless it becomes necessary for reasons beyond the Contractor’s
control (for example sickness or termination of the employment/service contract). In
such case the Contractor shall propose a replacement with the same level of experience
and qualifications within 10 calendar days from the moment the Contractor becomes
aware of the staff member’s /consultant’s unavailability. The assignment of the
replacement is subject to the ECB’s prior approval which shall not be unreasonably
2.2. If a member of staff does not have the required qualifications or experience, does not
obtain security clearance or breaches repeatedly or substantially the ECB’s house rules,
as well as for other serious reasons, the ECB may request the Contractor to replace the
member of staff, free of additional charge, within 10 calendar days of receiving written
notice from the ECB. The assignment of the replacement shall be subject to the ECB’s
prior approval which shall not be unreasonably withheld.
The Services shall be remunerated according to Article 5 of the Framework Contract,
as stated in Annex 4A of the RfP (Price table) and the Contractors revised offer being
for all services to be provided under the Scope of Services
as set out in Article 1 of this order, unless otherwise explicitly stated in this Order.
The Contractor shall submit to the ECB a monthly invoice.
Duration and termination
This Order shall enter into effect at upon signature by both parties and shall remain in
force until the expiry of the agreed term as set out in Article 1.1 or until terminated in
accordance with this Order or any statutory provision.
The ECB may terminate this Order within two weeks’ written notice without cause.
Either party may terminate this Order under extraordinary circumstances that render the
continuation of this Order intolerable considering all relevant aspects and the interests
of both Parties (see § 626 of the German Civil Code). The ECB may terminate the
Order in particular:
(a) if insolvency or similar proceedings have been opened against the Contractor’s
(b) if the Contractor retires from business;
(c) If the Contractor has substantially or repeatedly breached its obligations under this
Order and has not remedied such breach within a reasonable period of grace set
by the ECB. No period of grace is required if the breach cannot be remedied or in
the cases listed in § 314(2) and § 323(2) of the German Civil Code;