Enforcement In order to effectively ensure correct and efficient implementation, Member States must ensure that at least the tasks set out in this Article are performed by one or more authorities, bodies or structures. They must indicate to the Commission all authorities, bodies or structures competent for those tasks. Member States must ensure that the application of public procurement rules is monitored. Where monitoring authorities […]
Contracts in the water, energy, transport and postal services sectors The Directive does not apply to public contracts and design contests which are awarded or organised by contracting authorities exercising one or more specified activities and are awarded for the pursuit of those activities, to certain excluded public contracts or, when awarded by a contracting authority which provides postal services to contracts awarded for the […]
Subject-matter and scope The Directive establishes rules on the procedures for procurement by contracting authorities with respect to public contracts as well as design contests, whose value is estimated to be not less than the thresholds laid down. Procurement is the acquisition by means of a public contract of works, supplies or services by one or more contracting authorities from economic operators chosen by those […]
Procedures Conditions relating to the GPA and other international agreements In so far as they are covered by the Annexes to the Directive nd the General Notes to the European Union’s Appendix to the GPA and by the other international agreements by which the Union is bound, contracting authorities shall accord to the works, supplies, services and economic operators of the signatories to those agreements […]
Preliminary market consultations Before launching a procurement procedure, contracting authorities may conduct market consultations with a view to preparing the procurement and informing economic operators of their procurement plans and requirements. For this purpose, contracting authorities may for example seek or accept advice from independent experts or authorities or from market participants. That advice may be used in the planning and conduct of the procurement […]
Prior information notices Contracting authorities may make known their intentions of planned procurements through the publication of a prior information notice. Those notices shall contain the prescribed information. They shall be published either by the Publications Office of the European Union or by the contracting authorities on their buyer profiles. Where the prior information notice is published by the contracting authorities on their buyer profile, […]
Framework agreements Contracting authorities may conclude framework agreements, provided that they apply the procedures provided for in the Directive. A framework agreement means an agreement between one or more contracting authorities 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 […]
Principles of procurement Contracting authorities shall treat economic operators equally and without discrimination and shall act in a transparent and proportionate manner. The design of the procurement shall not be made with the intention of excluding it from the scope of this Directive or of artificially narrowing competition. Competition shall be considered to be artificially narrowed where the design of the procurement is made with […]
Award of contracts for social and other specific services Public contracts for social and other specific services listed in Annex XIV shall be awarded in accordance with this Chapter, where the value of the contracts is equal to or greater than the threshold indicated in point (d) of Article 4. Article 75 Publication of notices 1. Contracting authorities intending to award a public contract for […]
Conditions for performance of contracts Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are linked to the subject-matter of the contract within the meaning of Article 67(3) and indicated in the call for competition or in the procurement documents. Those conditions may include economic, innovation-related, environmental, social or employment-related considerations. Subcontracting 1. Observance of the […]
Prior information notices 1. Contracting authorities may make known their intentions of planned procurements through the publication of a prior information notice. Those notices shall contain the information set out in Annex V part B section I. They shall be published either by the Publications Office of the European Union or by the contracting authorities on their buyer profiles in accordance with point 2(b) of […]
Contract Types Public work contracts are contracts that have their object out of the execution or design and execution of works in accordance with the requirements specified by the authority. The works maybe a building or civil engineering work. A public supply contract is one having the object to purchase rent hire purchase with or without the option to buy, a product. Public service contracts […]
Dynamic Purchasing Systems A dynamic purchasing system is an electronic process for making commonly used purchases having characteristics that meet the requirements of the contracting authority A dynamic purchasing system is electronically operated. It is used for the purpose of commonly purchased products. They should be products which are generally available in the market and have standard specification. The purchasing system should be of limited […]
Most Economically Advantageous Tender The culmination of public procurement procedures should be the determination in an objective fashion of the winning bid and the award of the contract. Contracting authorities must award public contracts on the basis of the most economically advantageous tender or the lowest price. The most economically advantageous tender takes account of issues of quality, technical merit, aesthetic, functional characteristics, environmental characteristics, […]
Commission Action The EU Commission itself may take proceedings on its own initiative or in response to a complaint against a state that has failed to comply with its obligations under EU Law including procurement rules. In addition, the Remedies Directive has provided a special procedure to provide for intervention in cases where there has been a breach of procurement rules. There is a separate […]
Utilities Directive Public utilities such as water, waste, electricity and telecommunication have been liberalised in the context of EU state aids and competition rules Many entities have been privatized. There is accordingly a separate Utilities Directive that is less rigid, that applies to public sector authorities. Utilities procurement has been restructured from its earlier incarnation with a relaxation of some requirement to complete disengagement from […]
Publicity and advertising. Periodic indicative notices are sent to publication in the official journal. Notices are published by contracting entities themselves on their buyer profile through the Internet. The notices must include the estimated total value of public supplies contracts or framework agreement, by private area, which the entity intends to award in the following 12 months where it exceeds €750,000 Special designated naming convention/nomenclature […]
Time Lines The time limit for receipt of request to participate and for receipt of tenders in open procedures. The minimum timeline for receipt of tenders is 52 days from the date the contract notice is sent to the Commission. It may be reduced in the case of notices drawn up and transmitted electronically in accordance with prescribed forms. In open procedures, the time limits […]
Qualifications Systems & Specifications Awarding authorities may use qualification systems to select businesses to invite to tender or negotiate for a contract under the Utilities Directive. The systems must be based on objective criteria and quantification. Businesses must be able to participate at any time. The rules on qualification must be available on request. Updating and changes in the criteria must be communicated. Qualification systems […]
Negotiated Procedures Open Procedures allow any interested party to make a tender. Restritive procedures request invited parties to submit a tender. Negotiated procedures involve negotiation with a small number of selected tenderers. Where no suitable tenders are made, in response to a prior call where the contract is for research and development and not for profit, where for technical reasons and reasons linked to intellectual […]
Complaint to Commission A person may complain to the Commission or the authorities in a State of breach of relation to a breach of procurement legislation. The Commission may notify clear infringements of community law where this becomes apparent before a contract is concluded. These must be clear and manifest infringements. After 21 or 30 days (different in each Directive), the State is obliged to […]
Scope of EU Procurement Rules EU procurement law is applicable to public authorities in entering most contracts above certain thresholds. It covers most central and local government entities, as well as agencies, bodies and authorities which are supported as to more than 50% of their turnover by public funds. The Directives list major categories of departments and entities within their scope. This is not necessarily […]
NeEgating Factors Entities may be excluded from the procurement process if they have been convicted of certain serious offences including corruption, fraud, money laundering, or participation in organised criminal activities. Authorities may exclude candidates who are insolvent or in insolvency proceedings, guilty of offences concerning professional misconduct, demonstrably proved to have committed professional misconduct, have failed to fulfil tax or social security obligations, have misrepresented […]
Code of Practice The Code of Practice for Governance of State Bodies 2001 provides that competitive tendering should be the normal procedure in the procurement process of State bodies. Detailed procurement procedures set out in the Green Book in respect of competitive tendering should be applied. The guidelines provide that less formal procedures may be appropriate for contracts, falling below the threshold where they are […]
Sub-Threshold Procurement The Code of Practice for the Governance of State Bodies includes, provides principles for procurement by State bodies below EU procurement rule thresholds. It applies to both State and commercial State bodies. It is not legally binding as such. Tendering should be the standard procedure in procurement by State bodies. Each State body must ensure that a procedure is implemented below EU procurement […]