This framework agreement concerns subcontracting for the provision of public transport services within the urban transport perimeter of the Mulhouse agglomeration by bus or coach
The purpose of this contract is to subcontract for the performance of public transport services within the urban transport perimeter of the Mulhouse agglomeration by bus or coach. By public service delegation agreement that entered into force on 1 January 2019, the Mulhouse Alsace Agglomeration Community, hereinafter "m2A", Organising Authority for the Mobility of the agglomeration's territory, has delegated to Soléa, for the period from 1 January 2019 to 31 December 2024, the management of the public urban mobility service in the Urban Transport Perimeter. This delegation is implemented through a public service delegation agreement. Pursuant to Article 6 of the said agreement, Soléa is authorized to conclude subcontracting contracts for the performance of part of the delegated public passenger transport services, after prior authorization from m2A.Soléa remains fully responsible vis-à-vis the Mobility Organizing Authority for the full execution of the subcontracted services covered by this contract. That being said, it was agreed as follows:- The purpose of the framework agreement is to define the general terms governing contracts awarded on its basis, hereinafter referred to as "subsequent contracts"; - The Holders of the framework agreement will be consulted exclusively for the subcontracting relating to the provision of public transport services within the urban transport perimeter of the Mulhouse agglomeration by bus or coach; - This exclusivity does not concern any subcontractors and services entrusted between Soléa and its subsidiary Mulhouse Mobilités;- In the event of an absence or insufficiency of admissible tenders within the framework of this contract, Soléa is authorized to award a subcontracting contract external to this framework agreement- Current valid subcontracting contracts may be renewed at their end, in accordance with the terms of these contracts. This subcontracting concerns all types of buses or coaches with more than 9 seats, namely: coaches, minibuses, auto-midibuses, standard buses, articulated buses, etc. The details of the technical constraints, the specifications of the transport vehicles and the duration will be formulated in the provisions of subsequent contracts. Framework Agreement Holders who do not have the adequate equipment, organization or staff to respond to a subsequent contract will explain the reasons in writing within the response time of the subsequent contract. They may then be exempted from participating, but will remain recipients of all consultation documents relating to subsequent contracts. Place of execution: perimeter of the Mulhouse Alsace Agglomeration Community. The purpose of the framework agreement includes the subcontracting of transport services entrusted to Soléa, i.e. the services: - Urban transport;- School transport;- Shuttles. On the basis of this framework agreement, Soléa may entrust the Holder of the subsequent contract with the performance of passenger transport services, under the technical, commercial, administrative and financial conditions described to the CCAP and the CCTP. The framework agreement is a closed system throughout its duration. This means that once the framework agreement has been concluded with one or more Holders, no additional economic operator may accede to it and only the Framework Agreement Holder(s) may be awarded subsequent contracts. The Holder of the subsequent contract may not transfer to a third party the rights and obligations arising from this framework agreement.