Statement of Exclusivity and Availability for EC Framework Contract Projects

The Framework Contract Projects have a complex selection process and the firms (either partner or leader) will always require consultants to sign a Statement of Exclusivity and Availability.

It is very common to see confusion about the process of selection of experts for the Framework Contracts and especially about the need for signing Statements of Exclusivity and Availability (SoE, SoA, SoEA) . Here are some points that will help clarify the issues:

a) Participating firms are obliged by the EC FWC rules to ask ALL experts included in their offers to sign statements. This is to ensure that the experts are really available for the project and that they will not say that they changed their mind and cannot do the work after the tender procedure is finished (this is the availability part).

b) The EC does not allow the same expert to participate with 2 different consortia for the same project, and if it happens the offers would get disqualified from the tender. So you can approach as many firms as you want during the internal selection process, but at the end, you will have to choose and sign the statement for only one consortium (this is the exclusivity part).

c) Statements are signed for each individual project that you apply for and are only binding you for that one particular project. If the consortium offer is not selected by the EC then you are released from this commitment.
You would also be release from the SoE/A when the firm that you signed for tells you that you have not been selected on their internal evaluation. In this case, if you are still on time, you can approach and sign for another consortium that has still not finished the internal selection process.

d) You can sign more than one SoE/A for different projects at the same time, as long as the projects implementation periods are different and there is no time conflict. For example, if you apply for a project that will be implemented in July 2010 and apply for another that will be implemented in September 2010. In this case, it is important to leave some margin of time between projects in case there are delays or changes on the time frame of one of the projects.

e) The Framework Contracts are an instrument for "fast recruiting" of experts, and the usual time given by the EC to the consortia to send their offers is between 14 and 20 days. In this period the participating firms need to find qualified/available candidates, negotiate and select the “best”* candidates for each position. This internal decision is usually taken 1 or 2 days before the official deadline (some times, even on the same day of the deadline).
This means that if a consortium selects an expert in this internal process and then the expert says that he/she is not available anymore, then it may be too late to make the changes and the consortium misses the project.
For this reason, firms usually do not allow experts on their internal evaluation process without signing a statement. Also, because it takes time to evaluate CVs, and no firm wants to spend resources evaluating CVs of experts that have not confirmed their availability.

A sample text of the usual Statement of Availability and Exclusivity used for the EC Framework Contract projects is provided at the end of this page.


As a conclusion, it is recommended that you concentrate as much as possible on your CV and make sure that it is perfectly fine-tuned and adapted for the required profile as described in the TOR. Then negotiate your fee with the different consortia that have approached you for the project. Ask them as many questions as you want, and their internal deadline for the submission of CVs/Statements. Take your time to evaluate the offers and the firms and lastly decide for one and apply with them before their deadline.
All the rest, including the internal evaluation and the evaluation of the EC of the offers is out of our control as consultants, and no matter how much we speculate with the firms; there is always the possibility that another firm finds a "better"* CV.

Evaluate your offers individually each time, and try not to discard a firm or consortia because you lost with them previously. The “wrong bidder” one time, may be the correct one next time. Always keep in mind that a tender is a competition and all participants want to win.

If you loose, it is always a good idea to ask for as much feedback as possible about the reason, or negative points on your CV that lead to the decision. And work on those points on your CV for next time.

Do not take the results personally, if an evaluator on a consortium declined your CV for a particular project. It only means that they have another expert available which they think has better chances of winning (remember that they want to win the project as much as you want to win it).

If you think that you are a perfect fit and an excellent candidate for a position and still loose then you should carefully review your CV to make sure that it is expressing everything that you have in mind about your self for the position. Keep in mind that usually there are no personal interviews for these projects, so the whole evaluation process is done by judging words written in the CVs.


* Note: when the word "best" is used referring to candidates or CVs, we refer to the CV or candidate that has the best chances of winning from the point of view of the evaluators; this of course does not necessarily mean that the expert is a better professional in any way (again this is a competition and everyone wants to win).



Download Templates:
Statement_of_exclusivity_and_availability_ENG.doc
Statement_of_exclusivity_and_availability_FRE.doc


Sample of SoE/A used for the EC Framework Contract projects:

STATEMENT OF EXCLUSIVITY AND AVAILABILITY FWC BENEF 2009
Request < nr including version >
Project: < title >

I, the undersigned, hereby declare that I agree to participate exclusively with the framework contractor < name > in the above-mentioned request for services for the framework contract consultation.

I further declare that I am able and willing to work

• For the period(s) foreseen in the Specific Terms of reference attached to the above referenced request for the position for which my CV has been included in the offer of the framework contractor and

• Within the execution period of the specific contract which runs from ... to ...

I confirm that I am not engaged in another EC-funded project in a position for which my services are required during the above periods and that I will not charge the same working day to more than one project

By making this declaration, I understand that I am not allowed to present myself as a candidate to the other framework contractor consulted for the above mentioned request and version. I am fully aware that if I do so, I will be excluded from this consultation, the offers may be rejected and I may also be subject to exclusion from other tender procedures and contracts funded by the European Union.

Furthermore, should this offer be accepted, I am fully aware that if I am not available at the expected start date of my services for reasons other than ill-health or force majeure, I may be subject to exclusion from other tender procedures and contracts funded by the European Union and that the notification of award of specific contract to the framework contractor may be rendered null and void.

  Name:

  Signature:

  Date: