A. INSTRUCTIONS TO TENDERERS  In the event of cancellation of the tender procedure, the Contracting Authority will notify  tenderers of the cancellation. If the tender procedure is cancelled before the outer envelope of  any tender has been opened, the unopened and sealed envelopes will be returned to the  tenderers.  Cancellation may occur, for example, where:  In no event shall the Contracting Authority be liable for any damages whatsoever including,  without limitation, damages for loss of profits, in any way connected with the cancellation of a  tender procedure, even if the Contracting Authority has been advised of the possibility of  damages. The publication of a contract notice does not commit the Contracting Authority to  implement the programme or project announced.  During a Public Procurement procedure the EIB may get access to certain personal data  (information related to an identified or identifiable natural person). EIB’s Privacy statement,  available at  https://www.eib.org/en/privacy/procurement.htm , provides information about the  collection and use of personal data in the context of procurement procedures.  The tenderers interested in participating in this tender procedure must be fully aware that in no  event shall the Contracting Authority be liable for any damages whatsoever including, without  limitation, damages for loss of profits/costs incurred by the tenderer in preparing and submitting his  tender, in any way connected with the cancellation of the tender procedure on the ground of the  “suspension clause” even if the Contracting Authority has been advised of the possibility of  damages. As such, by submitting their tender, the tenderer accepts in full the use of the  “suspension clause” in this tender procedure as well as its possible consequences.  The Consultant is expected to quote the price net of any taxes. Under article 22 of the Protocol of the Privileges and Immunities of the European Union  ( http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2004:310:0261:0266:EN:PDF ) and  article 151(b) of Council Directive 2006/112/EC on the common system of value added tax, the  EIB benefits from VAT exemption on its purchases in Member States of the European Union. In  its capacity as a Community body, the EIB is not liable to VAT and consequently has no VAT  number. An intra-Community VAT exemption certificate (15.10 form) may be provided to you,  should you require such document to enable you to justify to the local tax authorities the issuing  of an invoice excluding VAT. At the same time, note that – even if local tax exemption is obtained – any equipment  procured/imported in the beneficiary country/ies to facilitate the technical assistance operation,  and which will remain the property of the Contractor after the end of the period of  implementation of the contract, might be subject to payment of (residual) local taxes and such  taxes are not to be invoiced to the Contracting Authority.  Any dispute concerning procurement conducted by the EIB would fall under the jurisdiction of  the European Court of Justice.  Page 12 of 12 AA-000799-002_TAINSTRUCT  22. Additional information  21. Privacy Statement  - the award is not in compliance with sound financial management, i.e. does not respect  the principles of economy, efficiency and effectiveness (e.g. the price proposed by the  tenderer to whom the contract is to be awarded is objectively disproportionate with  regard to the price of the market);  - there have been substantial errors, irregularities or frauds in the procedure, in particular  if they have prevented fair competition;  - all technically acceptable tenders exceed the financial resources available;  - exceptional circumstances or force majeure render normal performance of the contract  impossible;  - there are fundamental changes to the economic or technical data of the project;  - the tender procedure has been unsuccessful, i.e., no suitable, qualitatively or financially  acceptable tender has been received or there is no valid response at all; 