Batch tool(s) for LPVCD-BTBAS (Nitride-, Oxide- and Oxynitride-) processes

Project "APECS pilot line"
Equipment procurement
Special conditions for the tender

Checks, Audits, and Investigations:
The equipment is procured as part of the EU project "APECS pilot line". The EU Commission and/or the Chips Joint Undertaking (and/or other EU bodies), which is responsible for financing and the contracting authority may carry out audits of the procurement processes. To ensure that these conditions can be met, the following rules apply to suppliers/contractors:
- The contractor must keep all original documents on a suitable medium, including digitized originals, for a period of five years from the date of payment of the final invoice, if permit-ted by national law.
- The contractor must grant the client's employees and outside personnel authorized by the contracting authority the appropriate right of access to the sites and premises where the contract is being performed and to all information, including information in electronic form, that is necessary to carry out such checks and audits. The contractor must ensure that the information is readily available at the time of the inspection or audit and will be provided in an appropriate format upon request.
- On the basis of the findings made during the audit, a provisional report is drawn up. The contracting authority or its authorised representative must send it to the contractor, who has 30 days following the date of receipt to submit observations. The contractor must re-ceive the final report within 60 days following the expiry of that deadline to submit obser-vations.

- On the basis of the final audit findings, the contracting authority may recover all or part of the payments made in accordance with the relevant procedure and may take any other measure which it considers necessary.
- In accordance with Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 con-cerning on-the-spot checks and inspection carried out by the Commission in order to pro-tect the European Communities" financial interests against fraud and other irregularities and Regulation (EU, Euratom) No 883/2013 of the European Parliament and the Council of 11 September 2013 concerning investigation conducted by the European Anti-Fraud Office , the European Anti-Fraud Office may carry out investigations, including on-the-spot checks and inspections, to establish whether there has been fraud, corruption or any other illegal activity under the contract affecting the financial interests of the Union. Findings arising from an investigation may lead to criminal prosecution under national law.
- The investigations may be carried out at any moment during the provision of the services and up to five years starting from the payment of the balance.