Framework contract for the supply of Chillers

✓Technical minimums include at least three relevant references in the last three years for supply/commissioning of similar chillers, at least two references for service/maintenance support, valid quality management certification (ISO 9001 or equivalent, including group‑company certificates), and a completed product category file.

✓Concerning the scope of the contract (what, how much, where, when), the text describes the object as chillers (tools) for semiconductor industry use, installed in high‑tech cleanroom environments, with requirements such as zero refrigerant leakage under normal conditions, containment/monitoring to minimise fugitive emissions, and use of refrigerants with the lowest technically feasible GWP that still meet performance, safety, reliability and regulatory demands.

✓It notes that interfacing with major semiconductor tool suppliers may be required, as well as commissioning and after‑sales services (preventive and corrective maintenance, spare‑parts availability).

✓Quantities are not fixed: the framework is non‑exclusive and does not guarantee minimum call‑off volumes.

✓The award criteria and weighting are not fully detailed in the selection guideline, but the text states that the framework agreement will be awarded on the basis of the best quality‑price ratio, with the detailed award criteria and their weightings to be set out in the tender specifications in phase 2. The course of the procedure explains that, after negotiations, the contracting authority may either request a final offer or award based on initial/updated offers.

✓The three highest‑ranked tenderers, according to the award criteria, will be designated as participants in the framework agreement, subject to a sufficient number of regular and acceptable tenders.

✓The procedure allows for negotiation rounds, offer updates and oral presentations, and clarifies that contractors cannot derive any right to compensation or to continued participation from invitations to negotiations.

❓As to risks and special conditions, the documents highlight several legal and procedural constraints rather than detailed penalties and guarantees (which are expected in the future tender documents).

✓Special conditions include that questions must be submitted via the e‑procurement platform forum no later than ten days before the submission deadline, and that answers form an integral part of the selection guideline.

✓Candidates must accept the procedure as described and must immediately communicate detected errors or gaps.

✓Electronic communication is mandatory for the award and execution phases (except registered mail, which may later also be required electronically).

✓There are strict exclusion rules (Articles 67–69 of the Belgian Public Procurement Act) covering criminal offences, social and tax debts, bankruptcy/liquidation etc., with provisions for corrective measures and one‑off regularisation of social/tax non‑compliance.

✓When candidates rely on other entities’ capacities or form combinations, such as they may be required to accept joint and several liability in writing, and every participant in a combination must meet exclusion criteria.

✓A specific geopolitical risk condition is the sworn declaration on ties with Russia, confirming no Russian ownership, establishment, or control above specified thresholds for the candidate, consortium members, and significant subcontractors/suppliers (>10% capacity).

✓The text also warns that participation is at the candidates’ risk, that imec can suspend, cease or restart the procedure without compensation, and that failure to respond to requests for additional information “upon first request” can lead to exclusion.

✓Regarding contradictions or corrections, the input text largely presents consistent bilingual (Dutch/English) content, with the English version marked as an unofficial translation in parts and, in the RTP annex, as an official language version without priority over other versions when expressly requested by a candidate.

✓Where differences could appear, the selection guideline itself states that it is part of the overall procurement documents and that the contracting authority may deviate from it, while respecting transparency, equality and non‑discrimination; any such deviations, amendments or additions will be expressly communicated and become binding.

✓Similarly, if a statement in the unofficial English translation differs from the original Dutch, the underlying Belgian‑law‑compliant Dutch version is the legal point of reference.