1. "Common Procurement Vocabulary (CPV)" means the reference nomenclature applicable to contracts awarded by contracting authorities/entities, as adopted by Regulation (EC) No 2195/2002; 2. "Contracts" means contracts for pecuniary interest concluded in writing as referred to in Article 1(2)(a) of Directive 2004/17/EC and Article 1(2)(a) of Directive 2004/18/EC; 3. "Works contracts" means contracts having as their object either the execution, or both the design and execution, of works related to one of the activities mentioned in Division 45 of the CPV, or a work, or the realisation, by whatever means, of a work corresponding to the requirements specified by the contracting authority/entity. A "work" means the outcome of building or civil engineering works taken as a whole that is sufficient of itself to fulfil an economic or technical function; 4. "Supply contracts" means contracts other than works contracts having as their object the purchase, lease, rental or hire-purchase, with or without the option to buy, of products. A contract having as its object the supply of products and which also covers, as an incidental matter, siting and installation operations shall be considered to be a "supply contract"; 5. "Service contracts" means contracts other than works or supply contracts having as their object the provision of services. A contract having as its object both products and services shall be considered to be a "service contract" if the value of the services in question exceeds that of the products covered by the contract. A contract having as its object services and including activities mentioned in Division 45 of the CPV that are only incidental to the principal object of the contract shall be considered to be a service contract; 6. "Military equipment" means equipment specifically designed or adapted for military purposes and intended for use as an arm, munitions or war material; 7. "Sensitive equipment", "sensitive works" and "sensitive services" means equipment, works and services for security purposes, involving, requiring and/or containing classified information; 8. "Classified information" means any information or material, regardless of the form, nature or mode of transmission thereof, to which a certain level of security classification or protection has been attributed, and which, in the interests of national security and in accordance with the laws, regulations or administrative provisions in force in the Member State concerned, requires protection against any misappropriation, destruction, removal, disclosure, loss or access by any unauthorised individual, or any other type of compromise; 9. "Government" means the State, regional or local government of a Member State or third country; 10. "Crisis" means any situation in a Member State or third country in which a harmful event has occurred which clearly exceeds the dimensions of harmful events in everyday life and which substantially endangers or restricts the life and health of people, or has a substantial impact on property values, or requires measures in order to supply the population with necessities; a crisis shall also be deemed to have arisen if the occurrence of such a harmful event is deemed to be impending; armed conflicts and wars shall be regarded as crises for the purposes of this Directive; 11. "Framework agreement" means an agreement between one or more contracting authorities/entities and one or more economic operators, the purpose of which is to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and, where appropriate, the quantity envisaged; 12. "Electronic auction" means a repetitive process involving an electronic device for the presentation of new prices, revised downwards, and/or new values concerning certain elements of tenders, which occurs after an initial full evaluation of the tenders, enabling them to be ranked using automatic evaluation methods. Consequently, certain service contracts and certain works contracts having as their subject-matter intellectual performances, such as the design of works, may not be the object of electronic auctions; 13. "Contractor", "supplier" and "service provider" means any natural or legal person or public entity or consortium of such persons and/or bodies which offers on the market to execute works, supply products and provide services, respectively; 14. "Economic operator" means a contractor, supplier or service provider. It is used merely in the interests of simplification; 15. "Candidate" means an economic operator which has sought an invitation to take part in a restricted or negotiated procedure or a competitive dialogue; 16. "Tenderer" means an economic operator which has submitted a tender under a restricted or negotiated procedure or a competitive dialogue; 17. "Contracting authorities/entities" means contracting authorities as referred to in Article 1(9) of Directive 2004/18/EC and contracting entities as referred to in Article 2 of Directive 2004/17/EC; 18. "Central purchasing body" means a contracting authority/entity as referred to in Article 1(9) of Directive 2004/18/EC and Article 2(1)(a) of Directive 2004/17/EC, or a European public body, which: acquires supplies and/or services intended for contracting authorities/entities, or, awards contracts or concludes framework agreements for works, supplies or services intended for contracting authorities/entities,
19. "Restricted procedures" means procedures in which any economic operator may ask to participate and whereby only those economic operators invited by the contracting authority/entity may submit a tender; 20. "Negotiated procedures" means procedures in which the contracting authority/entity invites the economic operators of its choice and negotiates the terms of the contract with one or more of these; 21. "Competitive dialogue" means a procedure in which any economic operator may ask to participate and whereby the contracting authority/entity conducts a dialogue with the candidates admitted to that procedure with the aim of developing one or more suitable alternatives capable of meeting its requirements, and on the basis of which the candidates chosen are invited to tender. For the purposes of recourse to the procedure referred to in the first subparagraph, a contract is considered to be "particularly complex" where the contracting authority/entity is not objectively able: to define the technical means in accordance with Article 18(3)(b), (c) or (d), capable of satisfying its needs or objectives, and/or, to specify the legal and/or financial make-up of a project,
22. "Subcontract" means a contract for pecuniary interest concluded in writing between a successful tenderer for a contract and one or more economic operators for the purposes of carrying out that contract and having as its object works, supplies of products or the performance of services; 23. "Related undertaking" means any undertaking over which the successful tenderer can exert a dominant influence, whether directly or indirectly, or any undertaking which can exert a dominant influence on the successful tenderer or which, as the successful tenderer, is subject to the dominant influence of another undertaking as a result of ownership, financial participation or the rules which govern it. A dominant influence on the part of the undertaking is presumed when, directly or indirectly in relation to another undertaking, it: holds a majority of the undertaking’s subscribed capital, controls a majority of the votes attached to the shares issued by the undertaking, or, is entitled to appoint more than half of the undertaking’s administrative, management or supervisory bodies,
24. "Written" or "in writing" means any expression consisting of words or figures which can be read, reproduced and subsequently communicated. It may include information which is transmitted and stored by electronic means; 25. "Electronic means" means any means using electronic equipment for the processing (including digital compression) and storage of data which is transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means; 26. "Life cycle" means all the possible successive stages of a product, i.e. research and development, industrial development, production, repair, modernisation, modification, maintenance, logistics, training, testing, withdrawal and disposal; 27. "Research and development" means all activities comprising fundamental research, applied research and experimental development, where the latter may include the realisation of technological demonstrators, i.e., devices that demonstrate the performance of a new concept or a new technology in a relevant or representative environment; 28. "Civil purchases" means contracts not subject to Article 2 covering the procurement of non-military products, works or services for logistical purposes and concluded in accordance with the conditions specified in Article 17.
Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (Text with EEA relevance)
Modified by
- Commission Regulation (EC) No 1177/2009of 30 November 2009amending Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council in respect of their application thresholds for the procedures for the award of contracts(Text with EEA relevance), 309R1177, December 1, 2009
(a) the supply of military equipment, including any parts, components and/or subassemblies thereof; (b) the supply of sensitive equipment, including any parts, components and/or subassemblies thereof; (c) works, supplies and services directly related to the equipment referred to in points (a) and (b) for any and all elements of its life cycle; (d) works and services for specifically military purposes or sensitive works and sensitive services.
(a) EUR 387000 for supply and service contracts;(b) EUR 4845000 for works contracts.
(a) Where a proposed work or purchase of services may result in contracts being awarded at the same time in the form of separate lots, account shall be taken of the total estimated value of all such lots. Where the aggregate value of the lots is equal to or exceeds the threshold laid down in Article 8, this Directive shall apply to the awarding of each lot. However, the contracting authorities/entities may waive such application in respect of lots the estimated value of which, net of VAT, is less than EUR 80000 for services or EUR1000000 for works, provided that the aggregate value of those lots does not exceed 20 % of the aggregate value of the lots as a whole;(b) Where a proposal for the acquisition of similar supplies may result in contracts being awarded at the same time in the form of separate lots, account shall be taken of the total estimated value of all such lots when applying Article 8(a) and (b). Where the aggregate value of the lots is equal to or exceeds the threshold laid down in Article 8, this Directive shall apply to the awarding of each lot. However, the contracting authorities/entities may waive such application in respect of lots the estimated value of which, net of VAT, is less than EUR 80000 , provided that the aggregate cost of those lots does not exceed 20 % of the aggregate value of the lots as a whole.
(a) in the case of fixed-term contracts, where that term is less than or equal to 12 months, the total estimated value for the term of the contract or, where the term of the contract is greater than 12 months, the total value, including the estimated residual value; (b) in the case of contracts without a fixed term or the term of which cannot be defined, the monthly value multiplied by 48.
(a) either the total actual value of the successive contracts of the same type awarded during the preceding 12 months or financial year, adjusted, if possible, to take account of the changes in quantity or value which could occur in the course of the 12 months following the initial contract; or (b) the total estimated value of the successive contracts awarded during the 12 months following the first delivery, or during the financial year if that is longer than 12 months.
(a) for the following services: (i) insurance services: the premium payable and other forms of remuneration; (ii) design contracts: fees, commission payable and other forms of remuneration;
(b) for service contracts which do not indicate a total price: (i) in the case of fixed-term contracts, where that term is less than or equal to 48 months: the total value for their full term; (ii) in the case of contracts without a fixed term or with a term greater than 48 months: the monthly value multiplied by 48.
the central purchasing body has complied with it, or, when the central purchasing body is not a contracting authority/entity, the contract award rules applied by it are compliant with all the provisions of this Directive and the contracts awarded can be subject to efficient remedies comparable to those provided for in Title IV.
(a) specific procedural rules pursuant to an international agreement or arrangement concluded between one or more Member States and one or more third countries; (b) specific procedural rules pursuant to a concluded international agreement or arrangement relating to the stationing of troops and concerning the undertakings of a Member State or a third country; (c) specific procedural rules of an international organisation purchasing for its purposes, or to contracts which must be awarded by a Member State in accordance with those rules.
(a) contracts for which the application of the rules of this Directive would oblige a Member State to supply information the disclosure of which it considers contrary to the essential interests of its security; (b) contracts for the purposes of intelligence activities; (c) contracts awarded in the framework of a cooperative programme based on research and development, conducted jointly by at least two Member States for the development of a new product and, where applicable, the later phases of all or part of the life-cycle of this product. Upon the conclusion of such a cooperative programme between Member States only, Member States shall indicate to the Commission the share of research and development expenditure relative to the overall cost of the programme, the cost-sharing agreement as well as the intended share of purchases per Member State, if any; (d) contracts awarded in a third country, including for civil purchases, carried out when forces are deployed outside the territory of the Union where operational needs require them to be concluded with economic operators located in the area of operations; (e) service contracts for the acquisition or rental, under whatever financial arrangements, of land, existing buildings or other immovable property, or concerning rights in respect thereof; (f) contracts awarded by a government to another government relating to: (i) the supply of military equipment or sensitive equipment, (ii) works and services directly linked to such equipment, or (iii) works and services specifically for military purposes, or sensitive works and sensitive services;
(g) arbitration and conciliation services; (h) financial services, with the exception of insurance services; (i) employment contracts; (j) research and development services other than those where the benefits accrue exclusively to the contracting authority/entity for its use in the conduct of its own affairs, on condition that the service provided is wholly remunerated by the contracting authority/entity.
(a) either by reference to technical specifications defined in Annex III and, in order of preference, to: national civil standards transposing European standards, European technical approvals, common civil technical specifications, national civil standards transposing international standards, other international civil standards, other technical reference systems established by the European standardisation bodies, or, where these do not exist, other national civil standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the products, civil technical specifications stemming from industry and widely recognised by it, or, the national "defence standards" defined in point 3 of Annex III and defence materiel specifications similar to those standards,
Every reference shall be followed by the expression "or equivalent"; (b) or in terms of performance or functional requirements; the latter may include environmental characteristics. However, such parameters must be sufficiently precise to allow tenderers to determine the subject-matter of the contract and to allow contracting authorities/entities to award the contract; (c) or in terms of performance or functional requirements as mentioned in point (b), with reference to the specifications mentioned in point (a) as a means of presuming conformity with such performance or functional requirements; (d) or by referring to the specifications mentioned in point (a) for certain characteristics, and by referring to the performance or functional requirements mentioned in point (b) for other characteristics.
those specifications are appropriate as a means of defining the characteristics of the supplies or services that are the object of the contract, the requirements for the label are drawn up on the basis of scientific information, the eco-labels are adopted using a procedure in which all stakeholders, such as government bodies, consumers, manufacturers, distributors and environmental organisations, can participate, and, they are accessible to all interested parties,
to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractor, as well as the subject-matter of the subcontracts for which they are proposed; and/or, to indicate any change occurring at the level of subcontractors during the execution of the contract,
(a) a commitment from the tenderer and the subcontractors already identified to appropriately safeguard the confidentiality of all classified information in their possession or coming to their notice throughout the duration of the contract and after termination or conclusion of the contract, in accordance with the relevant laws, regulations and administrative provisions; (b) a commitment from the tenderer to obtain the commitment provided in point (a) from other subcontractors to which it will subcontract during the execution of the contract; (c) sufficient information on subcontractors already identified to enable the contracting authority/entity to determine that each of them possesses the capabilities required to appropriately safeguard the confidentiality of the classified information to which they have access or which they are required to produce when carrying out their subcontracting activities; (d) a commitment from the tenderer to provide the information required under point (c) on any new subcontractor before awarding a subcontract.
(a) certification or documentation demonstrating to the satisfaction of the contracting authority/entity that the tenderer will be able to honour its obligations regarding the export, transfer and transit of goods associated with the contract, including any supporting documentation received from the Member State(s) concerned; (b) the indication of any restriction on the contracting authority/entity regarding disclosure, transfer or use of the products and services or any result of those products and services, which would result from export control or security arrangements; (c) certification or documentation demonstrating that the organisation and location of the tenderer’s supply chain will allow it to comply with the requirements of the contracting authority/entity concerning security of supply set out in the contract documents, and a commitment to ensure that possible changes in its supply chain during the execution of the contract will not affect adversely compliance with these requirements; (d) a commitment from the tenderer to establish and/or maintain the capacity required to meet additional needs required by the contracting authority/entity as a result of a crisis, according to terms and conditions to be agreed; (e) any supporting documentation received from the tenderer’s national authorities regarding the fulfilment of additional needs required by the contracting authority/entity as a result of a crisis; (f) a commitment from the tenderer to carry out the maintenance, modernisation or adaptation of the supplies covered by the contract; (g) a commitment from the tenderer to inform the contracting authority/entity in due time of any change in its organisation, supply chain or industrial strategy that may affect its obligations to that authority/entity; (h) a commitment from the tenderer to provide the contracting authority/entity, according to terms and conditions to be agreed, with all specific means necessary for the production of spare parts, components, assemblies and special testing equipment, including technical drawings, licenses and instructions for use, in the event that it is no longer able to provide these supplies.
(1) for works contracts, supply contracts and service contracts: (a) when no tenders or no suitable tenders or no applications have been submitted in response to a restricted procedure, a negotiated procedure with prior publication of a contract notice or a competitive dialogue, provided that the initial conditions of the contract are not substantially altered and on condition that a report is sent to the Commission, if it so requests; (b) in the event of irregular tenders or the submission of tenders which are unacceptable under national provisions compatible with Articles 5, 19, 21 to 24 and Chapter VII of Title II, in response to a restricted procedure, a negotiated procedure with publication or a competitive dialogue, insofar as: (i) the original terms of the contract are not substantially altered, and (ii) they include in the negotiated procedure all of, and only, the tenderers which satisfy the criteria of Articles 39 to 46 and which, during the prior restricted procedure or competitive dialogue, had submitted tenders in accordance with the formal requirements of the tendering procedure;
(c) when the periods laid down for the restricted procedure and negotiated procedure with publication of a contract notice, including the shortened periods referred to in Article 33(7), are incompatible with the urgency resulting from a crisis. This may apply for instance in the cases referred to in point (d) of the second paragraph of Article 23; (d) insofar as is strictly necessary when, for reasons of extreme urgency brought about by events unforeseeable by the contracting authorities/entities in question, the time-limit for the restricted procedure or the negotiated procedure with publication of a contract notice, including the shortened time-limits as referred to in Article 33(7), cannot be complied with. The circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority/entity; (e) when, for technical reasons or reasons connected with the protection of exclusive rights, the contract may be awarded only to a particular economic operator;
(2) for service contracts and supply contracts: (a) for research and development services other than those referred to in Article 13; (b) for products manufactured purely for the purpose of research and development, with the exception of quantity production to establish commercial viability or recover research and development costs;
(3) for supply contracts: (a) for additional deliveries by the original supplier which are intended either as a partial replacement of normal supplies or installations or as the extension of existing supplies or installations where a change of supplier would oblige the contracting authority/entity to acquire material having different technical characteristics which would result in incompatibility or disproportionate technical difficulties in operation and maintenance. The length of such contracts, as well as that of recurrent contracts, may not exceed five years, except in exceptional circumstances determined by taking into account the expected service life of any delivered items, installations or systems, and the technical difficulties which a change of supplier may cause; (b) for supplies quoted and purchased on a commodity market; (c) for the purchase of supplies on particularly advantageous terms, from either a supplier which is definitively winding up its business activities, or the receivers or liquidators of a bankruptcy, an arrangement with creditors, or a similar procedure under national laws or regulations;
(4) for works contracts and service contracts: (a) for additional works or services not included in the project initially considered or in the original contract but which have, through unforeseen circumstances, become necessary for the performance of the works or services described therein, on condition that the award is made to the economic operator performing such works or services: (i) when such additional works or services cannot be technically or economically separated from the original contract without major inconvenience to the contracting authorities/entities, or (ii) when such works or services, although separable from the performance of the original contract, are strictly necessary for its completion. However, the aggregate value of contracts awarded for additional works or services may not exceed 50 % of the amount of the original contract;
(b) for new works or services consisting in the repetition of similar works or services entrusted to the economic operator to which the same contracting authorities/entities awarded an original contract, provided that such works or services are in conformity with a basic project for which the original contract was awarded according to the restricted procedure, the negotiated procedure with publication of a contract notice or a competitive dialogue. As soon as the first project is put up for tender, the possible use of this procedure shall be disclosed, and the total estimated cost of subsequent works or services shall be taken into consideration by the contracting authorities/entities when they apply Article 8. This procedure may be used only during the five years following the conclusion of the original contract, except in exceptional circumstances determined by taking into account the expected service life of any delivered items, installations or systems, and the technical difficulties which a change of supplier may cause;
(5) for contracts related to the provision of air and maritime transport services for the armed forces or security forces of a Member State deployed or to be deployed abroad, when the contracting authority/entity has to procure such services from economic operators that guarantee the validity of their tenders only for such short periods that the time-limit for the restricted procedure or the negotiated procedure with publication of a contract notice, including the shortened time-limits as referred to in Article 33(7), cannot be complied with.
by application of the terms laid down in the framework agreement without reopening competition, or, where not all the terms are laid down in the framework agreement, when the parties are again in competition on the basis of the same and, if necessary, more precisely formulated terms, and, where appropriate, other terms referred to in the contract documents of the framework agreement, in accordance with the following procedure: (a) for every contract to be awarded, contracting authorities/entities shall consult in writing the economic operators capable of performing the contract; (b) contracting authorities/entities shall fix a time-limit which is sufficiently long to allow tenders for each specific contract to be submitted, taking into account factors such as the complexity of the subject-matter of the contract and the time needed to submit tenders; (c) tenders shall be submitted in writing and their content remain confidential until the stipulated time-limit for reply has expired; (d) contracting authorities/entities shall award each contract to the tenderer which has submitted the best tender on the basis of the award criteria set out in the contract documents of the framework agreement.
(a) where supplies are concerned, the estimated total value of the contracts or the framework agreements by product area which they intend to award over the following 12 months. The product area shall be established by the contracting authorities/entities by reference to the CPV nomenclature; (b) where services are concerned, the estimated total value of the contracts or framework agreements in each of the categories of services which they intend to award over the following 12 months; (c) where works are concerned, the essential characteristics of the contracts or framework agreements which they intend to award.
a time-limit for receipt of requests to participate which may not be less than 15 days from the date on which the contract notice is dispatched, or less than 10 days if the notice was sent by electronic means, in accordance with the format and procedure for sending notices set out in point 3 of Annex VI; and in the case of restricted procedures, a time-limit for receipt of tenders which shall not be less than 10 days from the date of the invitation to tender,
a copy of the contract documents or of the descriptive document and any supporting documents, or, a reference to accessing the documents referred to in the first indent when they are made directly available by electronic means in accordance with Article 33(5),
(a) a reference to the contract notice published; (b) the deadline for receipt of tenders, the address to which the tenders must be sent and the language or languages in which the tenders must be drawn up. In the case of a competitive dialogue, this information shall not be contained in the invitation to take part in the dialogue, but in the invitation to submit a tender; (c) in the case of a competitive dialogue, the date and the address set for the start of the consultation stage and the language or languages used; (d) an indication of any documents to be annexed, either to support the verifiable statements provided by the candidate in accordance with Article 38, or to supplement the information provided for in that Article under the same conditions as those laid down in Articles 41 and 42; (e) the relative weighting of criteria for the award of the contract or, where appropriate, the descending order of importance of the criteria used to define the economically most advantageous tender, if they are not given in the contract notice, the contract documents or the descriptive document.
(a) any unsuccessful candidate of the reasons for the rejection of the application; (b) any unsuccessful tenderer of the reasons for the rejection of the tender, including, in particular, for the cases referred to in Article 18(4) and (5) the reasons for its decision of non-equivalence or its decision that the works, supplies or services do not meet the performance or functional requirements, and in the cases referred to in Articles 22 and 23, the reasons for its decision of non-conformity with the requirements of security of information and security of supply; (c) any tenderer which has made an admissible tender that has been rejected, of the characteristics and relative advantages of the tender selected, as well as the name of the successful tenderer or the parties to the framework agreement.
(a) information regarding the specifications necessary for the electronic submission of tenders and requests to participate, including encryption, shall be available to interested parties. Moreover, devices for the electronic receipt of tenders and requests to participate shall conform to the requirements of Annex VIII; (b) Member States may, in compliance with Article 5 of Directive 1999/93/EC, require electronic tenders to be accompanied by an advanced electronic signature, in conformity with paragraph 1 thereof; (c) Member States may introduce or maintain voluntary arrangements for accreditation intended to improve the level of the certification service provided for such devices; (d) candidates shall undertake to submit, before expiry of the time-limit laid down for submission of tenders or requests to participate, the documents, certificates and declarations referred to in Articles 39 to 44 and Article 46, if they do not exist in electronic format.
(a) requests to participate in procedures for the award of contracts may be made in writing or by telephone; (b) where requests to participate are made by telephone, a written confirmation must be sent before expiry of the time-limit set for their receipt; (c) contracting authorities/entities may require that requests for participation made by fax must be confirmed by post or electronic means where this is necessary for the purposes of legal proof. Any such requirement, together with the time-limit by which it must be met, must be stated by the contracting authority/entity in the contract notice.
(a) the name and address of the contracting authority/entity and the subject and value of the contract or framework agreement; (b) the award procedure chosen; (c) in the case of a competitive dialogue, the circumstances justifying the use of this procedure; (d) in the case of a negotiated procedure without prior publication of a contract notice, the circumstances referred to in Article 28 which justify the use of this procedure; if appropriate, justification for exceeding the time-limits laid down in the second subparagraph of Article 28(3)(a) and the third subparagraph of Article 28(4)(b) and for exceeding the 50 % limit laid down in the second subparagraph of Article 28(4)(a); (e) if appropriate, the reasons for the framework agreement lasting more than seven years; (f) the name of the candidates chosen and the reason for this choice; (g) the name of the candidates excluded and the reasons for their rejection; (h) the reasons for the rejection of tenders; (i) the name of the successful tenderer and the reasons why its tender was selected, and, if known, the share of the contract or framework agreement which the successful tenderer intends, or will be required, to subcontract to third parties; (j) if necessary, the reasons why the contracting authority/entity decided not to award a contract or framework agreement.
the contracting authorities/entities shall indicate in the contract notice the objective and non-discriminatory criteria or rules they intend to apply, the minimum number of candidates they intend to invite and, where appropriate, the maximum number. The minimum number of candidates they intend to invite may not be less than three; subsequently, the contracting authorities/entities shall invite a number of candidates at least equal to the minimum number set in advance, provided a sufficient number of suitable candidates is available,
(a) participation in a criminal organisation, as defined in Article 2(1) of Joint Action 98/733/JHA Joint Action 98/733/JHA of 21 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on making it a criminal offence to participate in a criminal organisation in the Member States of the European Union (OJ L 351, 29.12.1998, p. 1 ).(b) corruption, as defined in Article 3 of the Act of 26 May 1997 Council Act of 26 May 1997 drawing up, on the basis of Article K.3 (2) (c) of the Treaty on European Union, the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union (OJ C 195, 25.6.1997, p. 1 ).Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54 ).(c) fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities OJ C 316, 27.11.1995, p. 49 .(d) terrorist offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Framework Decision 2002/475/JHA Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3 ).(e) money laundering and terrorist financing, as defined in Article 1 of Directive 2005/60/EC Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15 ).
(a) is bankrupt or is being wound up, where its affairs are being administered by a court, where it has entered into an arrangement with creditors, where it has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations; (b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by a court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations; (c) has been convicted by a judgment which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning its professional conduct, such as, for example, infringement of existing legislation on the export of defence and/or security equipment;(d) has been guilty of grave professional misconduct proven by any means which the contracting authority/entity can supply, such as a breach of obligations regarding security of information or security of supply during a previous contract; (e) has been found, on the basis of any means of evidence, including protected data sources, not to possess the reliability necessary to exclude risks to the security of the Member State; (f) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which it is established or with those of the country of the contracting authority/entity; (g) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which it is established or with those of the country of the contracting authority/entity; (h) is guilty of serious misrepresentation in supplying the information required under this Section, or has not supplied such information.
(a) as regards paragraph 1 and paragraph 2(a), (b) and (c), the production of an extract from the "judicial record" or, failing that, of an equivalent document issued by a competent judicial or administrative authority in the country of origin or provenance, showing that these requirements have been met; (b) as regards paragraph 2(f) and (g), a certificate issued by the competent authority in the Member State concerned.
(a) appropriate statements from a bank or, where appropriate, evidence of professional risk indemnity insurance; (b) the presentation of balance sheets or extracts from balance sheets, where publication of the balance sheet is required under the law of the country in which the economic operator is established; (c) a statement of the undertaking’s overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last three financial years available, depending on the date on which the undertaking was set up or the economic operator started trading, insofar as information on such turnovers is available.
(a) (i) a list of the works carried out over the past five years, accompanied by certificates of satisfactory execution for the most important works. These certificates shall indicate the value, date and location of the works and shall specify whether they were carried out according to the rules of the trade and properly completed. Where appropriate, the competent authority shall submit these certificates to the contracting authority/entity directly; (ii) a list of the principal deliveries effected or the main services provided, as a general rule, in the past five years, with the sums, dates and recipients, whether public or private, involved. Evidence of delivery and services provided shall be given: where the recipient was a contracting authority/entity, in the form of certificates issued or countersigned by the competent authority, where the recipient was a private purchaser, by the purchaser’s certification or, failing this, simply by a declaration by the economic operator,
(b) an indication of the technicians or technical bodies involved, whether or not they belong directly to the economic operator’s undertaking, especially those responsible for quality control and, in the case of works contracts, those upon which the contractor can call in order to carry out the work; (c) a description of the technical facilities and measures used by the economic operator to ensure quality and the undertaking’s study and research facilities, as well as internal rules regarding intellectual property; (d) a check carried out by the contracting authorities/entities or on their behalf by a competent official body of the country in which the economic operator is established, subject to that body’s agreement, on the production capacities of the supplier or the technical capacity of the economic operator and, if necessary, on the means of study and research which are available to it and the quality control measures it will operate; (e) in the case of works contracts, service contracts or supply contracts also covering siting and installation operations or services, the educational and professional qualifications of the economic operator and/or those of the undertaking’s managerial staff and, in particular, those of the person or persons responsible for providing the services or managing the work; (f) for works contracts and services contracts, and only in appropriate cases, an indication of the environmental management measures that the economic operator will be able to apply when performing the contract; (g) a statement of the average annual manpower of the service provider or contractor and the number of managerial staff for the last three years; (h) a description of the tools, material, technical equipment, staff numbers and know-how and/or sources of supply — with an indication of the geographical location when it is outside the territory of the Union — which the economic operator has at its disposal to perform the contract, cope with any additional needs required by the contracting authority/entity as a result of a crisis or carry out the maintenance, modernisation or adaptation of the supplies covered by the contract; (i) with regard to the products to be supplied, provision of: (i) samples, descriptions and/or photographs, the authenticity of which must be certified if the contracting authority/entity so requests; (ii) certificates drawn up by official quality control institutes or agencies of recognised competence attesting the conformity of products, clearly identified by references to specifications or standards;
(j) in the case of contracts involving, entailing and/or containing classified information, evidence of the ability to process, store and transmit such information at the level of protection required by the contracting authority/entity. In the absence of harmonisation at Community level of national security clearance systems, Member States may provide that this evidence has to comply with the relevant provisions of their respective national laws on security clearance. Member States shall recognise security clearances which they consider equivalent to those issued in accordance with their national law, notwithstanding the possibility to conduct and take into account further investigations of their own, if considered necessary. The contracting authority/entity may, where appropriate, grant candidates which do not yet hold security clearance additional time to obtain such clearance. In this case, it shall indicate this possibility and the time-limit in the contract notice. The contracting authority/entity may ask the national security authority of the candidate’s Member State or the security authority designated by that Member State to check the conformity of the premises and facilities that may be used, the industrial and administrative procedures that will be followed, the methods for managing information and/or the situation of staff likely to be employed to carry out the contract.
(a) when the award is made to the most economically advantageous tender from the point of view of the contracting authority/entity, various criteria linked to the subject-matter of the contract in question: for example, quality, price, technical merit, functional characteristics, environmental characteristics, running costs, lifecycle costs, cost-effectiveness, after-sales service and technical assistance, delivery date and delivery period or period of completion, security of supply, interoperability and operational characteristics; or (b) the lowest price only.
solely on price, where the contract is awarded to the lowest price; or, on price and/or on the new values of the features of the tenders indicated in the contract documents, where the contract is awarded to the most economically advantageous tender,
(a) the features, the values for which will be the subject of electronic auction, provided that such features are quantifiable and can be expressed in figures or percentages; (b) any limitations on the values which may be submitted, as they result from the specifications relating to the subject of the contract; (c) the information which will be made available to tenderers in the course of the electronic auction and, where appropriate, when it will be made available to them; (d) the relevant information concerning the electronic auction process; (e) the conditions under which tenderers will be able to bid and, in particular, the minimum differences which will, where appropriate, be required when bidding; (f) the relevant information concerning the electronic equipment used and the arrangements and technical specifications for connection.
(a) in accordance with the date and time fixed in advance, as indicated in the invitation to take part in the auction; (b) when they receive no more new prices or new values which meet the requirements concerning minimum differences. In that event, the contracting authorities/entities shall state in the invitation to take part in the auction the time which they will allow to elapse after receiving the last submission before closing the electronic auction; (c) when the phases in the auction, fixed in the invitation to take part in the auction, have been completed.
(a) the economics of the construction method, manufacturing process or services provided; (b) the technical solutions chosen and/or any exceptionally favourable conditions available to the tenderer for the execution of the work or for the supply of the goods or services; (c) the originality of the work, supplies or services proposed by the tenderer; (d) compliance with the provisions relating to employment protection and working conditions in force at the place where the work, service or supply is to be performed; (e) the possibility of the tenderer obtaining State aid.
(a) to take, at the earliest opportunity and by way of interlocutory procedures, interim measures with the aim of correcting the alleged infringement or preventing further injury to the interests concerned, including measures to suspend or to ensure the suspension of the procedure for the award of a contract or the implementation of any decision taken by the contracting authority/entity, and to set aside or ensure the setting aside of decisions taken unlawfully, including the removal of discriminatory technical, economic or financial specifications in the invitation to tender, the contract documents or in any other document relating to the contract award procedure in question; or (b) to take, at the earliest opportunity, if possible by way of interlocutory procedures and if necessary by a final procedure on the substance, measures other than those provided for in point (a) with the aim of correcting any identified infringement and preventing injury to the interests concerned; in particular, making an order for the payment of a particular sum, in cases where the infringement has not been corrected or prevented.
a summary of the relevant reasons as set out in Article 35(2), subject to Article 35(3), and, a precise statement of the exact standstill period applicable pursuant to the provisions of national law transposing this paragraph,
(a) where this Directive does not require prior publication of a contract notice in the Official Journal of the European Union ;(b) where the only tenderer concerned within the meaning of Article 57(2) is the one which is awarded the contract and there are no candidates concerned; (c) in the case of a contract based on a framework agreement as provided for in Article 29. If this derogation is invoked, Member States shall ensure that the contract is ineffective in accordance with Articles 60 and 62 where: there is an infringement of the second indent of the second subparagraph of Article 29(4), and, the contract value is estimated to be equal to or to exceed the thresholds set out in Article 8,
(a) where the contracting authority/entity has awarded a contract without prior publication of a contract notice in the Official Journal of the European Union without this being permissible in accordance with this Directive;(b) in the case of an infringement of Article 55(6), Article 56(3) or Article 57(2), where this infringement has deprived the tenderer applying for review of the possibility to pursue pre-contractual remedies where such an infringement is combined with another infringement of Titles I or II, if that infringement has affected the chances of the tenderer applying for a review to obtain the contract; (c) in the cases referred to in the second subparagraph of Article 58(c), where Member States have invoked the derogation from the standstill period for contracts based on a framework agreement.
the contracting authority/entity considers that the award of a contract without prior publication of a contract notice in the Official Journal of the European Union is permissible in accordance with this Directive,the contracting authority/entity has published in the Official Journal of the European Union a notice as described in Article 64 expressing its intention to conclude the contract, and,the contract has not been concluded before the expiry of a period of at least 10 calendar days with effect from the day following the date of the publication of this notice,
the contracting authority/entity considers that the award of a contract is in accordance with the second indent of the second subparagraph of Article 29(4), the contracting authority/entity has sent a contract award decision, together with a summary of reasons as referred to in the first indent of the fourth subparagraph of Article 57(2), to the tenderers concerned, and, the contract has not been concluded before the expiry of a period of at least 10 calendar days with effect from the day following the date on which the contract award decision is sent to the tenderers concerned if fax or electronic means are used or, if other means of communications are used, before the expiry of a period of either at least 15 calendar days with effect from the day following the date on which the contract award decision is sent to the tenderers concerned or at least 10 calendar days with effect from the day following the date of the receipt of the contract award decision.
the imposition of fines on the contracting authority/entity, or, the shortening of the duration of the contract,
(a) before the expiry of at least 30 calendar days with effect from the day following the date on which: the contracting authority/entity published a contract award notice in accordance with Articles 30(3), 31 and 32, provided that this notice includes justification of the decision of the contracting authority/entity to award the contract without prior publication of a contract notice in the Official Journal of the European Union , orthe contracting authority/entity informed the tenderers and candidates concerned of the conclusion of the contract, provided that this information contains a summary of the relevant reasons as set out in Article 35(2), subject to Article 35(3). This option also applies to the cases referred to in Article 58(c); and
(b) in any case, before the expiry of a period of at least 6 months with effect from the day following the date of the conclusion of the contract.
(a) its confirmation that the infringement has been corrected; (b) a reasoned submission as to why no correction has been made; or (c) a notice to the effect that the contract award procedure has been suspended either by the contracting authority/entity on its own initiative or on the basis of the powers specified in Article 56(1)(a).
(a) the name and contact details of the contracting authority/entity; (b) a description of the object of the contract; (c) a justification of the decision of the contracting authority/entity to award the contract without prior publication of a contract notice in the Official Journal of the European Union ;(d) the name and contact details of the economic operator in favour of which a contract award decision has been taken; and (e) where appropriate, any other information deemed useful by the contracting authority/entity.
(a) the threshold established in Article 8(a) of this Directive to the revised threshold laid down in Article 16(a) of Directive 2004/17/EC; (b) the threshold established in Article 8(b) of this Directive to the revised threshold laid down in Article 16(b) of Directive 2004/17/EC.
(a) the procedures for the drawing-up, transmission, receipt, translation, collection and distribution of the notices referred to in Article 30 and the statistical reports provided for in Article 65; (b) the procedure for sending and publishing the data referred to in Annex VI on grounds of technical progress or for administrative reasons; (c) the list of registers, declarations and certificates set out in Annex VII, when, on the basis of notifications from Member States, this proves necessary.
(a) the reference numbers in the CPV nomenclature set out in Annexes I and II, insofar as this does not change the material scope of this Directive, and the procedures for reference in the notices to particular headings in the CPV within the categories of services listed in those Annexes; (b) the technical details and characteristics of the devices for electronic receipt referred to in points (a), (f) and (g) of Annex VIII.
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| Category No | Subject | CPV Reference No |
|---|---|---|
| 1 | Maintenance and repair services | 50000000-5, from 50100000-6 to 50884000-5 (except from 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 50229000-6, 50243000-0) and from 51000000-9 to 51900000-1 |
| 2 | Foreign military-aid-related services | 75211300-1 |
| 3 | Defence services, military defence services and civil defence services | 75220000-4, 75221000-1, 75222000-8 |
| 4 | Investigation and security services | From 79700000-1 to 79720000-7 |
| 5 | Land transport services | 60000000-8, from 60100000-9 to 60183000-4 (except 60160000-7, 60161000-4), and from 64120000-3 to 64121200-2 |
| 6 | Air transport services of passengers and freight, except transport of mail | 60400000-2, from 60410000-5 to 60424120-3 (except 60411000-2, 60421000-5), from 60440000-4 to 60445000-9 and 60500000-3 |
| 7 | Transport of mail by land and by air | 60160000-7, 60161000-4, 60411000-2, 60421000-5 |
| 8 | Rail transport services | From 60200000-0 to 60220000-6 |
| 9 | Water transport services | From 60600000-4 to 60653000-0, and from 63727000-1 to 63727200-3 |
| 10 | Supporting and auxiliary transport services | From 63100000-0 to 63111000-0, from 63120000-6 to 63121100-4, 63122000-0, 63512000-1 and from 63520000-0 to 6370000-6 |
| 11 | Telecommunication services | From 64200000-8 to 64228200-2, 72318000-7, and from 72700000-7 to 72720000-3 |
| 12 | Financial services: Insurance services | From 66500000-5 to 66720000-3 |
| 13 | Computer and related services | From 50310000-1 to 50324200-4, from 72000000-5 to 72920000-5 (except 72318000-7 and from 72700000-7 to 72720000-3), 79342410-4, 9342410-4 |
| 14 | Research and development services | From 73000000-2 to 73436000-7 |
| 15 | Accounting, auditing and bookkeeping services | From 79210000-9 to 79212500-8 |
| 16 | Management consulting services | From 73200000-4 to 73220000-0, from 79400000-8 to 79421200-3 and 79342000-3, 79342100-4, 79342300-6, 79342320-2, 79342321-9, 79910000-6, 79991000-7 and 98362000-8 |
| 17 | Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services | From 71000000-8 to 71900000-7 (except 71550000-8) and 79994000-8 |
| 18 | Building-cleaning services and property management services | From 70300000-4 to 70340000-6 and from 90900000-6 to 90924000-0 |
| 19 | Sewage and refuse disposal services; sanitation and similar services | From 90400000-1 to 90743200-9 (except 90712200-3), from 90910000-9 to 90920000-2 and 50190000-3, 50229000-6, 50243000-0 |
| 20 | Training and simulation services in the fields of defence and security | 80330000-6, 80600000-0, 80610000-3, 80620000-6, 80630000-9, 80640000-2, 80650000-5, 80660000-8 |
| Category No | Subject | CPV Reference No |
|---|---|---|
| 21 | Hotel and restaurant services | From 55100000-1 to 55524000-9 and from 98340000-8 to 98341100-6 |
| 22 | Supporting and auxiliary transport services | From 63000000-9 to 63734000-3 (except 63711200-8, 63712700-0, 63712710-3), from 63727000-1 to 63727200-3 and 98361000-1 |
| 23 | Legal services | From 79100000-5 to 79140000-7 |
| 24 | Personnel placement and supply services | From 79600000-0 to 79635000-4 (except 79611000-0, 79632000-3, 79633000-0) and from 98500000-8 to 98514000-9 |
| 25 | Health and social services | 79611000-0 and from 85000000-9 to 85323000-9 (except 85321000-5, 85322000-2) |
| 26 | Other services |
1. (a) "Technical specifications", in the case of works contracts: the totality of the technical prescriptions contained in particular in the tender documents, defining the characteristics required of a material, product or supply, which permits a material, a product or a supply to be described in a manner such that it fulfils the use for which it is intended by the contracting authority/entity. These characteristics shall include levels of environmental performance, design for all requirements (including accessibility for people with disabilities) and conformity assessment, performance, safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling and production processes and methods. They shall also include rules relating to design and costing, the test, inspection and acceptance conditions for works and techniques or methods of construction and all other technical conditions which the contracting authority/entity is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve; (b) "Technical specification", in the case of supply or service contracts: a specification in a document defining the required characteristics of a product or service, such as quality and environmental performance levels, design for all requirements (including accessibility for people with disabilities), and conformity-assessment, performance, use of the product, its safety or dimensions, including requirements relevant to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions, production methods and procedures, as well as conformity assessment procedures;
2. "Standard": a technical specification approved by a recognised standardisation body for repeated or continuous application, compliance with which is not compulsory, from one of the following categories: international standard: a standard adopted by an international standards organisation and made available to the general public, European standard: a standard adopted by a European standardisation body and made available to the general public, national standard: a standard adopted by a national standards organisation and made available to the general public,
3. "Defence standard": a technical specification the observance of which is not compulsory and which is approved by a standardisation body specialising in the production of technical specifications for repeated or continuous application in the field of defence; 4. "European technical approval": a favourable technical assessment of the fitness for use of a product for a specific purpose, based on fulfilment of the essential requirements for building works, by means of the inherent characteristics of the product and the defined conditions of application and use. European technical approvals are issued by an approval body designated for this purpose by the Member State; 5. "Common technical specification": a technical specification laid down in accordance with a procedure recognised by Member States which has been published in the Official Journal of the European Union ;6. "Technical reference": any product produced by European standardisation bodies, other than official standards, according to procedures adapted to developments in market needs.
1. Country of the contracting authority/entity 2. Name of the contracting authority/entity 3. Internet address of the "buyer profile" (URL) 4. CPV nomenclature reference no(s)
1. The name, address, fax number and e-mail address of the contracting authority/entity and, if different, of the service from which additional information may be obtained and, in the case of services and works contracts, of the departments, e.g. the relevant governmental Internet site, from which information can be obtained concerning the general regulatory framework for taxes, environmental protection, employment protection and working conditions applicable in the place where the contract is to be performed. 2. Where appropriate, indication whether the contract is restricted to sheltered workshops, or whether its execution is restricted to the framework of protected job programmes. 3. In the case of works contracts: the nature and extent of the works and the place of execution; if the work is to be subdivided into several lots, the essential characteristics of those lots by reference to the work; if available, an estimate of the range of the cost of the proposed works; CPV nomenclature reference no(s). In the case of supply contracts: the nature and quantity or value of the products to be supplied, CPV nomenclature reference no(s). In the case of services contracts: the total value of the proposed purchases in each of the service categories, CPV nomenclature reference no(s). 4. Estimated date for initiating the award procedures in respect of the contract or contracts, in the case of service contracts by category. 5. Where appropriate, indicate whether a framework agreement is involved. 6. Where appropriate, other information. 7. Date of dispatch of the notice or of dispatch of the notice of publication of the prior information notice on the buyer profile.
1. Name, address, telephone and fax number, e-mail address of the contracting authority/entity. 2. Where appropriate, indication whether the contract is restricted to sheltered workshops, or whether its execution is restricted to the framework of protected job programmes. 3. (a) The award procedure chosen; (b) Where appropriate, the reasons for use of the accelerated procedure (in restricted and negotiated procedures); (c) Where appropriate, indicate whether a framework agreement is involved; (d) Where appropriate, the holding of an electronic auction.
4. Form of the contract. 5. Place of execution/performance of the works, for delivery of products or of the provision of services. 6. (a) Works contracts: nature and extent of the works and general nature of the work. Indication in particular of options concerning supplementary works, and, if known, the provisional timetable for recourse to these options as well as the number of possible renewals, if any. If the work or the contract is subdivided into several lots, the size of the different lots; CPV nomenclature reference no(s), information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects, in the case of a framework agreement, indication also of the planned duration of the framework agreement, the estimated total value of the works for the entire duration of the framework agreement and, as far as possible, the value and the frequency of the contracts to be awarded.
(b) Supply contracts: nature of the products to be supplied, indicating in particular whether tenders are requested with a view to purchase, lease rental, hire or hire purchase or a combination of these, CPV nomenclature reference no(s). Quantity of products to be supplied, indicating in particular options concerning supplementary purchases and, if known, the provisional timetable for recourse to these options as well as the number of renewals, if any; CPV nomenclature reference no(s), in the case of regular or renewable contracts during the course of a given period, indication also, if known, of the timetable for subsequent contracts for intended purchases of supplies, in the case of a framework agreement, indication also of the planned duration of the framework agreement, the estimated total value of the supplies for the entire duration of the framework agreement and, as far as possible, the value and the frequency of the contracts to be awarded.
(c) Service contracts: category and description of the service. CPV nomenclature reference no(s). Quantity of services to be provided. Indication in particular of options concerning supplementary purchases and, if known, the provisional timetable for recourse to these options as well as the number of renewals, if any. In the case of renewable contracts over a given period, an estimate of the time frame, if known, for subsequent contracts for intended purchases of services. In the case of a framework agreement, indication also of the planned duration of the framework agreement, the estimated total value of the services for the entire duration of the framework agreement and, as far as possible, the value and the frequency of the contracts to be awarded, indication of whether the execution of the service is reserved by law, regulation or administrative provision to a particular profession, Reference to the law, regulation or administrative provision, indication of whether legal persons should indicate the names and professional qualifications of the staff to be responsible for the execution of the service,
7. If the contracts are subdivided into lots, indication of the possibility for economic operators of tendering for one, for several and/or for all the lots. 8. Admission or prohibition of variants. 9. Where applicable, indication of the percentage of the contract’s global value which is required to be subcontracted to third parties through a tendering procedure (Article 21(4)). 10. Where applicable, selection criteria regarding the personal situation of subcontractors that may lead to their exclusion, and required information proving that they do not fall within the cases justifying exclusion. Information and any necessary formalities for assessment of the minimum economic and technical capacities required of the subcontractors. Minimum level(s) of capacities possibly required. 11. Time-limit for completion of works/supplies/services or duration of the works/supply/services contract. Where possible, time-limit by which works will begin or time-limit by which delivery of supplies or services will begin. 12. Where applicable, particular conditions to which the performance of the contract is subject. 13. (a) The final date for the receipt of requests to participate; (b) address to which they must be sent; (c) the language or languages in which they must be drawn up.
14. Where applicable, any deposits and guarantees required. 15. Main terms concerning financing and payment and/or references to the texts in which these are contained. 16. Where applicable, the legal form to be taken by the grouping of economic operators to which the contract is to be awarded. 17. Selection criteria regarding the personal situation of economic operators that may lead to their exclusion, and information required proving that they do not fall within the cases justifying exclusion. Selection criteria, information and any necessary formalities for assessment of the minimum economic and technical standards required of the economic operator. Minimum level(s) of standards possibly required. 18. In the case of framework agreements: the number and, where appropriate, proposed maximum number of economic operators which will be members of it and the duration of the framework agreement. 19. In the case of a competitive dialogue or a negotiated procedure with the publication of a contract notice, indication, if appropriate, of recourse to a staged procedure in order gradually to reduce the number of solutions to be discussed or tenders to be negotiated. 20. In the case of a restricted procedure, a negotiated procedure or a competitive dialogue, when recourse is had to the option of reducing the number of candidates to be invited to submit tenders, to engage in dialogue or to negotiate: minimum and, if appropriate, proposed maximum number of candidates and objective criteria to be used to choose that number of candidates. 21. Criteria referred to in Article 47 to be used for award of the contract: "lowest price" or "most economically advantageous tender". Criteria representing the most economically advantageous tender as well as their weighting or the criteria in descending order of importance shall be mentioned where they do not appear in the specifications or, in the event of a competitive dialogue, in the descriptive document. 22. Where appropriate, date(s) of publication of the prior information notice in accordance with the technical specifications of publication indicated in Annex VI or statement that no such publication was made. 23. Date of dispatch of the notice.
1. Name and address of the contracting authority/entity. 2. Award procedure chosen. In the case of a negotiated procedure without prior publication of a contract notice (Article 28), justification. 3. Works contracts: nature and extent of the services. Supply contracts: nature and quantity of products supplied, where appropriate, by the supplier; CPV nomenclature reference no(s). Service contracts: category and description of the service; CPV nomenclature reference no(s); quantity of services purchased. 4. Date of contract award. 5. Contract award criteria. 6. Number of tenders received. 7. Name and address of the successful economic operators. 8. Price or range of prices (minimum/maximum) paid. 9. Value of the tender (tenders) retained or the highest tender and lowest tender taken into consideration for the contract award. 10. Where appropriate, proportion of contract to be subcontracted to third parties and its value. 11. If appropriate, the reasons for the framework agreement lasting more than seven years. 12. Date of publication of the tender notice in accordance with the technical specifications for publication in Annex VI. 13. Date of dispatch of this notice.
1. The name, address, fax number and e-mail address of the successful tenderer and, if different, of the service from which additional information may be obtained. 2. (a) Place of execution/performance of the works, for delivery of products or of the provision of services; (b) nature, quantity and extent of the works and general nature of the work; CPV nomenclature reference no(s); (c) nature of the products to be supplied, indicating whether tenders are requested with a view to purchase, lease rental, hire or hire purchase or a combination of these, CPV nomenclature reference no(s); (d) category and description of service; CPV nomenclature reference no(s).
3. Any time-limit for completion imposed. 4. Name and address of the body from which the specifications and the additional documents may be requested. 5. (a) Time-limit for the receipt of applications to participate and/or the receipt of tenders; (b) address to which they must be sent; (c) language(s) in which they must be written.
6. Any deposits or guarantees required. 7. Objective criteria which will be applied for selection of the subcontractors related to their personal situation or the assessment of their bid. 8. Any other information. 9. Date of dispatch of the notice.
1. Publication of notices (a) The notices referred to in Articles 30 and 52 must be sent by the contracting authorities/entities or successful tenderers to the Publications Office of the European Union in the format referred to in Article 32. The prior information notices referred to in Article 30(1), first subparagraph, published on a buyer profile as described in point 2, must also use that format, as must the notice of such publication. The notices referred to in Articles 30 and 52 must be published by the Office for Publications Office of the European Union or by the contracting authorities/entities in the case of a prior information notice published on a buyer profile in accordance with the first subparagraph of Article 30(1). In addition, contracting authorities/entities may publish this information on the Internet on a "buyer profile" as referred to in point 2; (b) the Office for Publications Office of the European Union shall give the contracting authority/entity the confirmation of publication referred to in Article 32(8).
2. Publication of supplementary information The buyer profile may include prior information notices as referred to in Article 30(1), first subparagraph, information on ongoing invitations to tender, scheduled purchases, contracts concluded, procedures cancelled and any useful general information, such as a contact point, a telephone and fax number, a postal address and an e-mail address. 3. Format and procedures for sending notices electronically The format and procedure for sending notices electronically are accessible at the Internet address "http://simap.europa.eu".
in Belgium the "Registre du Commerce"/"Handelsregister", in Bulgaria, the "Търговски регистър", in the Czech Republic, the "obchodní rejstřík", in Denmark, the "Erhvervs- og Selskabsstyrelsen", in Germany, the "Handelsregister" and the "Handwerksrolle", in Estonia, the "Registrite ja Infosüsteemide Keskus", in Ireland, the contractor may be requested to provide a certificate from the Registrar of Companies or the Registrar of Friendly Societies or, if he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place under a given business name, in Greece, the "Μητρώο Εργοληπτικών Επιχειρήσεων — MEΕΠ" of the Ministry for Environment, Town and Country Planning and Public Works (Υ.ΠΕ.ΧΩ.Δ.Ε), in Spain, the "Registro Oficial de Licitadores y Empresas Clasificadas del Estado", in France, the "Registre du commerce et des sociétés" and the "Répertoire des métiers", in Italy, the "Registro della Camera di commercio, industria, agricoltura e artigianato", in Cyprus, the contractor may be requested to provide a certificate from the "Council for the Registration and Audit of Civil Engineering and Building Contractors (Συμβούλιο Εγγραφήςκαι Ελέγχου Εργοληπτών Οικοδομικών και Τεχνικών Έργων)" in accordance with the Registration and Audit of Civil Engineering and Building Contractors Law, in Latvia, the "Uzņēmumu reģistrs", in Lithuania, the "Juridinių asmenų registras", in Luxembourg, the "Registre aux firmes" and the "Rôle de la Chambre des métiers", in Hungary, the "Cégnyilvántartás", the "egyéni vállalkozók jegyzői nyilvántartása", in Malta, the contractor obtains his "numru ta" registrazzjoni tat-Taxxa tal-Valur Miżjud (VAT) u n-numru tal-licenzja ta’ kummerc’, and, in the case of a partnership or company, the relevant registration number as issued by the Malta Financial Services Authority, in the Netherlands, the "Handelsregister", in Austria, the "Firmenbuch", the "Gewerberegister", the "Mitgliederverzeichnisse der Landeskammern", in Poland, the "Krajowy Rejestr Sądowy", in Portugal, the "Instituto da Construção e do Imobiliário" (INCI), in Romania, the "Registrul Comerțului", in Slovenia, the "Sodni register" and the "obrtni register", in Slovakia, the "Obchodný register", in Finland, the "Kaupparekisteri"/"Handelsregistret", in Sweden, the "aktiebolags-, handels- eller föreningsregistren", in the United Kingdom, the contractor may be requested to provide a certificate from the Registrar of Companies or, if he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established in a specific place under a given business name.
in Belgium the "Registre du Commerce"/"Handelsregister", in Bulgaria, the "Търговски регистър", in the Czech Republic, the "obchodní rejstřík", in Denmark, the "Erhvervs- og Selskabsstyrelsen", in Germany, the "Handelsregister" and the "Handwerksrolle", in Estonia, the "Registrite ja Infosüsteemide Keskus", in Greece, the "Βιοτεχνικό ή Εμπορικό ή Βιομηχανικό Επιμελητήριο" and the "Μητρώο Κατασκευαστών Αμυντικού Υλικού", in Spain, the "Registro Mercantil" or, in the case of non-registered individuals, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question, in France, the "Registre du commerce et des sociétés" and the "Répertoire des métiers", in Ireland, the supplier may be requested to provide a certificate from the Registrar of Companies or the Registrar of Friendly Societies that he is certified as incorporated or registered or, if he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place under a given business name, in Italy, the "Registro della Camera di commercio, industria, agricoltura e artigianato", and the "Registro delle commissioni provinciali per l"artigianato’, in Cyprus, the supplier may be requested to provide a certificate from the "Registrar of Companies and Official Receiver" (Έφορος Εταιρειών και ΕπίσημοςΠαραλήπτης) or, if this is not the case, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place and under a given business name, in Latvia, the "Uzņēmumu reģistrs", in Lithuania, the "Juridinių asmenų registras", in Luxembourg, the "Registre aux firmes" and the "Rôle de la Chambre des métiers", in Hungary, the "Cégnyilvántartás", the "egyéni vállalkozók jegyzői nyilvántartása", in Malta: the supplier obtains his "numru ta" registrazzjoni tat-Taxxa tal-Valur Miżjud (VAT) u n-numru tal-licenzja ta’ kummerc’, and, in the case of a partnership or company, the relevant registration number as issued by the Malta Financial Services Authority, in the Netherlands, the "Handelsregister", in Austria, the "Firmenbuch", the "Gewerberegister", the "Mitgliederverzeichnisse der Landeskammern", in Poland, the "Krajowy Rejestr Sądowy", in Portugal, the "Registro Nacional das Pessoas Colectivas", in Romania, the "Registrul Comerțului", in Slovenia, the "Sodni register" and the "obrtni register", in Slovakia, the "Obchodný register", in Finland, the "Kaupparekisteri"/"Handelsregistret", in Sweden, the "aktiebolags-, handels- eller föreningsregistren", in the United Kingdom, the supplier may be requested to provide a certificate from the Registrar of Companies stating that he is certified as incorporated or registered or, if he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in a specific place under a given business name.
in Belgium, the "Registre du commerce/Handelsregister" and the "Ordres professionels/Beroepsorden", in Bulgaria, the "Търговски регистър", in the Czech Republic, the "obchodní rejstřík", in Denmark, the "Erhvervs- og Selskabsstyrelsen", in Germany, the "Handelsregister", the "Handwerksrolle", the "Vereinsregister", the "Partnerschaftsregister" and the "Mitgliedsverzeichnisse der Berufskammern der Länder", in Estonia, the "Registrite ja Infosüsteemide Keskus", in Ireland, the service provider may be requested to provide a certificate from the Registrar of Companies or the Registrar of Friendly Societies or, if he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place under a given business name, in Greece, the service provider may be asked to provide a declaration on the exercise of the profession concerned made on oath before a notary; in the cases provided for by existing national legislation, for the provision of research services as mentioned in Annex I, the professional register "Μητρώο Μελετητών" and the "Μητρώο Γραφείων Μελετών", in Spain, the "Registro Oficial de Licitadores y Empresas Clasificadas del Estado", in France, the "Registre du commerce et des sociétés" and the "Répertoire des métiers", in Italy, the "Registro della Camera di commercio, industria, agricoltura e artigianato", the "Registro delle commissioni provinciali per l"artigianato’ or the "Consiglio nazionale degli ordini professionali", in Cyprus, the service provider may be requested to provide a certificate from the "Registrar of Companies and Official Receiver" (Έφορος Εταιρειών και Επίσημος Παραλήπτης) or, if this is not the case, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place and under a given business name, in Latvia, the "Uzņēmumu reģistrs", in Lithuania, the "Juridinių asmenų registras", in Luxembourg, the "Registre aux firmes" and the "Rôle de la Chambre des métiers", in Hungary, the "Cégnyilvántartás", the "egyéni vállalkozók jegyzői nyilvántartása", some "szakmai kamarák nyilvántartása" or, in the case of some activities, a certificate stating that the person concerned is authorised to be engaged in the commercial activity or profession in question, in Malta: the service provider can obtain his "numru ta" registrazzjoni tat-Taxxa tal-Valur Miżjud (VAT) u n-numru tal-licenzja ta’ kummerc’, and, in the case of a partnership or company, the relevant registration number as issued by the Malta Financial Services Authority, in the Netherlands, the "Handelsregister", in Austria, the "Firmenbuch", the "Gewerberegister", the "Mitgliederverzeichnisse der Landeskammern", in Poland, the "Krajowy Rejestr Sądowy", in Portugal, the "Registro Nacional das Pessoas Colectivas", in Romania, the "Registrul Comerțului", in Slovenia, the "Sodni register" and the "obrtni register", in Slovakia, the "Obchodný register", in Finland, the "Kaupparekisteri"/"Handelsregistret", in Sweden, the "aktiebolags-, handels- eller föreningsregistren", in the United Kingdom, the service provider may be requested to provide a certificate from the Registrar of Companies or, if he is not so certified, a certificate stating that he has declared on oath that he is engaged in the profession in question in a specific place under a given business name.
(a) electronic signatures relating to requests to participate and tenders comply with national provisions adopted pursuant to Directive 1999/93/EC; (b) the exact time and date of the receipt of requests to participate and tenders can be determined precisely; (c) it may be reasonably ensured that, before the time-limits laid down, no-one can have access to data transmitted under these requirements; (d) if that access prohibition is infringed, it may be reasonably ensured that the infringement is clearly detectable; (e) only authorised persons may set or change the dates for opening data received; (f) during the various stages of the contract award procedure, access to all data submitted, or to part thereof, must be possible only through simultaneous action by authorised persons; (g) simultaneous action by authorised persons must give access to data transmitted only after the prescribed date; (h) data received and opened in accordance with these requirements must remain accessible only to persons authorised to acquaint themselves therewith.