351 tal-2016

L.N. 351 of 2016

Public Procurement of Entities operating in the Water, Energy,

Transport and Postal Services Sectors Regulations, 2016

The title of these regulations is the Public Procurement of

Entities operating in the Water, Energy, Transport and Postal Services

Sectors Regulations, 2016.

Part I

General Provisions

Interpretation and Scope

(1)

For the purposes of these regulations

"ancillary purchasing activities" means activities consisting in

the provision of support to purchasing activities, in particular in the

following forms

(a)

technical infrastructure enabling contracting

authorities to award public contracts or to conclude framework

agreements for works, supplies or services;

(b) advice on the conduct or design of public

procurement procedures;

(c)

preparation and management of procurement

procedures on behalf and for the account of the contracting

authority concerned;

"black listed person" shall have the same meaning as that given

in the Public Procurement Regulations, 2016;

"bodies governed by public law" means bodies that have all of

the following characteristics

(a)

they are established for the specific purpose of

meeting needs in the general interest, not having an industrial or

commercial character;

(b)

they have legal personality; and

(c)

they are financed, for the most part, by the State,

regional or local authorities, or by other bodies governed by

public law; or are subject to management supervision by those

authorities or bodies; or have an administrative, managerial or

supervisory board, more than half of whose members are

appointed by the State, regional or local authorities, or by other

bodies governed by public law;

"candidate" means an economic operator that has sought an

invitation or has been invited to take part in a restricted procedure, in

a competitive procedure with negotiation, in a negotiated procedure

without prior publication, in a competitive dialogue or in an

innovation partnership;

"central purchasing body" means a contracting entity providing

centralised purchasing activities and, possibly, ancillary purchasing

activities

Provided that procurement carried out by a central

purchasing body in order to perform centralised purchasing activities

shall be deemed to be procurement for the pursuit of an activity as

described in regulations 7 to 13. Regulation 15 shall not apply to

procurement carried out by a central purchasing body in order to

perform centralised purchasing activities;

"centralised purchasing activities" means activities conducted

on a permanent basis, in one of the following forms

(a)

the acquisition of supplies and/or services intended

for contracting authorities;

(b) the award of public contracts or the conclusion of

framework agreements for works, supplies or services intended

for contracting authorities;

"Commission" means the Commission of the European Union;

"common technical specification" means a technical

specification in the field of ICT laid down in accordance with Articles

13 and 14 of Regulation (EU) 1025/2012;

"conflicts of interest" shall at least mean any situation where

staff members of the contracting authority or of a procurement service

provider acting on behalf of the contracting authority who are

involved in the conduct of the procurement procedure or may

influence the outcome of that procedure have, directly or indirectly, a

financial, economic or other personal interest which might be

perceived to compromise their impartiality and independence in the

context of the procurement procedure;

"Conformity Assessment Body" shall be a body that performs

conformity assessment activities including calibration, testing,

certification and inspection accredited in accordance with Regulation

(EC) No 765/2008 of the European Parliament and of the Council of 9

July 2008 setting out the requirements for accreditation and market

surveillance relating to the marketing of products;

"contract award notice" means a notice to be published in the

Official Journal of the European Union;

"contract notice" means a notice to be published in the Official

Journal of the European Union;

"contracting authorities" means State, regional or local

authorities, bodies governed by public law or associations formed by

one or more such authorities or one or more such bodies governed by

public law;

"Contracts Committees" means the General

Contracts

Committee and, or the Special Contracts Committee;

"CPV" means the Common Procurement Vocabulary as adopted

by Regulation (EC) No. 2195/2002, as amended from time to time;

"departmental tender" means tenders issued by contracting

authorities with an estimated value which falls under the threshold

established under regulation 30(1)(a);

"design contests" means those procedures which enable the

contracting authority to acquire, mainly in the fields of town and

country planning, architecture and engineering or data processing, a

plan or design selected by a jury after being put out to competition

with or without the award of prizes;

"direct contracts" means contracts awarded without recourse to

a prior call for competition;

"Director" means the Director of Contracts who heads the

Department of Contracts;

"economic operator" means any natural or legal person or public

entity or group of such persons and, or entities, including any

temporary association of undertakings;

"electronic means" means 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;

"European technical assessment" means the documented

assessment of the performance of a construction product, in relation

to its essential characteristics, in accordance with the respective

European Assessment Document, as defined in point 12 of Article 2

of Regulation (EU) No 305/2011 of the European Parliament and of

the Council;

"Evaluation Committee" means boards or committees appointed

by contracting authorities with the purpose of evaluating tenders

received and for making recommendations thereon;

"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 quantity envisaged;

"government’s e-procurement platform" means the electronic

platform for procurement as established by the Director;

"ineffectiveness" shall have the same meaning as that given

under the Public Procurement Regulations, 2016;

"innovation" means the implementation of a new or

significantly improved product, service or process, including but not

limited to production, building or construction processes, a new

marketing method, or a new organisational method in business

practices, workplace organisation or external relations inter alia with

the purpose of helping to solve societal challenges or to support the

Europe 2020 strategy for smart, sustainable and inclusive growth;

"irregular tenders" means tenders which do not comply with the

procurement documents, which were received late, where there is

evidence of collusion or corruption, or which have been found by the

contracting entity to be abnormally low;

"label" means any document, certificate or attestation

confirming that the works, products, services, processes or

procedures in question meet certain requirements;

"label requirements" means the requirements to be met by the

works, products, services, processes or procedures in question in

order to obtain the label concerned;

"life cycle" means all consecutive and, or interlinked stages,

including research and development to be carried out, production,

trading and its conditions, transport, use and maintenance, throughout

the existence of the product or the works or the provision of the

service, from raw material acquisition or generation of resources to

disposal, clearance and end of service or utilisation;

"local authorities" includes all authorities of the administrative

units falling under NUTS 3 and smaller administrative units, as

referred to in Regulation (EC) No 1059/2003;

"Member State" means a member state of the European Union;

"Minister" means the Minister responsible for Finance;

"modification" means any change, variation or amendment to

the original terms of the contract including, but not limited to, the

introduction of new conditions and to the removal or replacement of

existing conditions;

"non-compliant tender" means a tender which does not conform

to the terms and conditions specified in the notice or EU notice to

tender or in the procurement documents themselves;

"notice" means a notice published in the Gazette;

"prior information notices" means a notice published in the

Official Journal;

"procurement" means acquisition by means of a public contract

of works, supplies or services by one or more contracting authorities

from economic operators chosen by those contracting authorities,

whether or not the supplies, works, or services are intended for a

public purpose;

"procurement document" means any document produced or

referred to by the contracting authority to describe or determine

elements of the procurement or the procedure, including the contract

notice, the prior information notice where it is used as a means of

calling for competition, the technical specifications, the descriptive

document, proposed conditions of contract, formats for the

presentation of documents by candidates and tenderers, information

on generally applicable obligations and any additional documents;

"procurement service provider" means a public or private body

which offers ancillary purchasing activities on the market;

"Public Contracts Review Board" means the Public Contracts

Review Board as established under the Public Procurement

Regulations, 2016;

"regional authorities" includes authorities listed non-

exhaustively in NUTS 1 and 2, as referred to in Regulation (EC) No

1059/2003 of the European Parliament and of the Council;

"Review Board" shall have the same meaning as in the Public

Procurement Regulations, 2016;

"service contracts" means contracts having as their object the

provision of services other than those referred to in the definition

"works contracts";

"SME" shall be understood as defined in Commission

Recommendations 2003/361/EC of 6 May 2003 concerning the

definition of micro, small and medium-sized enterprises;

"standard" means a technical specification, adopted by a

recognised standardisation body, for repeated or continuous

application, with which compliance is not compulsory, and which is

one of the following

(a)

"international standard" means a standard adopted

by an international standardisation organisation and made

available to the general public;

(b) "European standard" means a standard adopted by a

European standardisation organisation and made available to the

general public;

(c)

"national standard" means a standard adopted by a

national standardisation organisation and made available to the

general public;

"supply, works and service contracts" are contracts for

pecuniary interest concluded in writing between one or more of the

contracting entities referred to in regulation 2(2), and one or more

contractors, suppliers, or service providers;

"supply contracts" means contracts having as their object the

purchase, lease, rental or hire-purchase, with or without an option to

buy, of products. A supply contract may include, as an incidental

matter, siting and installation operations;

"technical reference" means any deliverable produced by

European standardisation bodies, other than European standards,

according to procedures adapted to the development of market needs;

"technical specification" means either -

(a)

in the case of works contracts the totality of the

technical prescriptions contained in particular in the

procurement documents, defining the characteristics required of

a material, product or supply, so that it fulfils the use for which

it is intended by the contracting entity; those characteristics

include levels of environmental and climate performance,

design for all requirements (including accessibility for disabled

persons) and conformity assessment, performance, safety or

dimensions, including the procedures concerning quality

assurance, terminology, symbols, testing and test methods,

packaging, marking and labelling, user instructions and

production processes and methods at any stage of the life cycle

of the works; those characteristics also include rules relating to

design and costing, the test, inspection and acceptance

conditions for works and methods or techniques of construction

and all other technical conditions which the contracting 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; or

(b) in the case of supply or service contracts a

specification in a document defining the required characteristics

of a product or a service, such as quality levels, environmental

and climate performance levels, design for all requirements

(including accessibility for disabled persons) and conformity

assessment, performance, use of the product, 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 processes and methods

at any stage of the life cycle of the supply or service and

conformity assessment procedures;

"TFEU" means the Treaty on European Union and the Treaty

on the Functioning of the European Union;

"tenderer" means an economic operator that has submitted a

tender;

"unacceptable tenders" means tenderers that do not have the

required qualifications, and tenders whose price exceeds the

contracting authority’s budget as determined and documented prior to

the launching of the procurement procedure;

"VAT" means value added tax under the Value Added Tax Act;

"a work" means the outcome of building or civil engineering

works taken as a whole which is sufficient in itself to fulfil an

economic or technical function;

"works contracts" means public contracts having as their object

one of the following

(a)

the execution, or both the design and execution, of

works related to one of the activities within the meaning of

Schedule 1;

(b)

the execution, or both the design and execution, of a

work;

(c)

the realisation, by whatever means, of a work

corresponding to the requirements specified by the contracting

entity exercising a decisive influence on the type or design of

the work;

"written" or "in writing" means any expression consisting of

words or figures which can be read, reproduced and subsequently

communicated, including information transmitted and stored by

electronic means;

(2) "Contracting entities" are entities which

(a)

are contracting authorities or public undertakings

and which pursue one of the activities referred to in regulations

8 to 14;

(b) when they are not contracting authorities or public

undertakings, have as one of their activities any of the activities

referred to in regulations 7 to 13, or any combination thereof

and operate on the basis of special or exclusive rights granted by

a competent authority.

(3) (a)

"Public undertaking" means any undertaking over

which the contracting authorities may exercise directly or indirectly a

dominant influence by virtue of their ownership of it, their financial

participation therein, or the rules which govern it.

(b) A dominant influence on the part of the contracting

authorities shall be presumed in any of the following cases in which

those authorities directly or indirectly -

(i)

hold the majority of the undertaking’s subscribed

capital;

(ii) control the majority of the votes attaching to shares

issued by the undertaking;

(iii) can appoint more than half of the undertaking’s

administrative, management or supervisory body.

(4) For the purpose of sub-regulations (2) and (3)

(a)

special or exclusive rights means rights granted by a

competent authority by way of any legislative, regulatory or

administrative provision the effect of which is to limit the

exercise of activities defined in regulations 7 to 13 to one or

more entities, and which substantially affects the ability of other

entities to carry out such activity;

(b) rights which have been granted by means of a

procedure in which adequate publicity has been ensured and

where the granting of those rights was based on objective

criteria shall not constitute special or exclusive rights within the

meaning of paragraph (a). Such procedures include

(i) procurement procedures with a prior call for

competition in conformity with the Public Procurement

Regulations, 2016, the Concession Contracts Regulations,

2016, these regulations or the Public Procurement of

Contracting Authorities or Entities in the fields of Defence

and Security Regulations;

(ii) procedures pursuant to other legal acts of the

Union listed in Schedule 2, ensuring adequate prior

transparency for granting authorisations on the basis of

objective criteria.

The scope of these regulations is that of regulating the

procurement by contracting entities operating in the water, energy,

transport and postal services sectors.

Applicability

(1) These regulations shall regulate all the procurement

procedures that are initiated after their entry into force.

(2) The application of these regulations is subject to Article

346 of the TFEU.

Any procurement procedure which has been issued prior to

the coming into force of these regulations shall continue to be

regulated by the laws which were in force before the coming into

force of these regulations, including any review on any decision

thereon.

For the purposes of regulations 7, 8 and 9 "supply" shall Common

include generation or production, wholesale and retail sale, while provisions.

production of gas in the form of extraction falls within the scope of

regulation 13.

(1) As far as gas and heat are concerned, these Gas and Heat.

regulations shall apply to the following activities

(a)

the provision or operation of fixed networks

intended to provide a service to the public in connection with

the production, transport or distribution of gas or heat;

(b)

the supply of gas or heat to such networks.

(2) The supply of gas or heat to networks which provide a

service to the public by a contracting entity other than a contracting

authority shall not be considered a relevant activity within the

meaning of sub-regulation (1) where

(a)

the production of gas or heat by the entity concerned

is the unavoidable consequence of carrying out an activity other

than those referred to in sub-regulation (1) of this regulation or

in regulations 8 to 10;

(b) supply to the public network is aimed only at the

economic exploitation of such production and amounts to not

more than twenty per cent of the entity’s turnover having regard

to the average for the preceding three years, including the

current year.

(1) As far as electricity is concerned, these regulations Electricity.

shall apply to the following activities

(a)

the provision or operation of fixed networks

intended to provide a service to the public in connection with

the production, transport or distribution of electricity;

(b)

the supply of electricity to such networks.

(2) The supply of electricity to networks which provide a

service to the public by a contracting entity other than a contracting

authority shall not be considered a relevant activity within the

meaning of sub-regulation (1) where all of the following conditions

are met

(a)

the production of electricity by the contracting entity

concerned takes place because its consumption is necessary for

carrying out an activity other than those referred to in sub-

regulation (1), or in regulations 7, 9 and 10;

(b) supply to the public network depends only on the

contracting entity’s own consumption and has not exceeded

thirty per cent of the contracting entity’s total production of

energy, on the basis of the average for the preceding three years,

including the current year.

(1) As far as water is concerned, these regulations shall

apply to the following activities

(a)

the provision or operation of fixed networks

intended to provide a service to the public in connection with

the production, transport or distribution of drinking water;

(b)

the supply of drinking water to such networks.

(2) These regulations shall also apply to contracts or design

contests awarded or organised by contracting entities which pursue an

activity referred to in sub-regulation (1) and which

(a)

are connected with hydraulic engineering projects,

irrigation or land drainage, provided that the volume of water to

be used for the supply of drinking water represents more than

twenty per cent of the total volume of water made available by

such projects or irrigation or drainage installations;

(b)

are connected with the disposal or treatment of

sewage.

(3) The supply by a contracting entity other than a contracting

authority, of drinking water to fixed networks which provide a service

to the public shall not be considered as a relevant activity within the

meaning of sub-regulation (1) where

(a)

the production of drinking water by the entity

concerned takes place because its consumption is necessary for

carrying out an activity other than those referred to in

regulations 7 to 10;

(b) supply to the public network depends only on the

contracting entity’s own consumption and has not exceeded

thirty per cent of the contracting entity’s total production of

drinking water, on the basis of the average for the preceding

three years, including the current year.

(1) These regulations shall apply to activities relating to Transport

the provision or operation of networks providing a service to the services.

public in the field of transport by railway, automated systems,

tramway, trolley bus, bus or cable.

(2) As regards transport services, a network shall be

considered to exist where the service is provided under operating

conditions laid down by a competent authority, such as conditions on

the routes to be served, the capacity to be made available or the

frequency of the service.

These regulations shall apply to activities relating to the Ports and

exploitation of a geographical area for the purpose of the provision or airports.

operation of airports and maritime or inland ports or other terminal

facilities to carriers by air, sea or inland waterway.

(1) These regulations shall apply to activities relating to Postal services.

the provision of

(a)

postal services;

(b) other services, other than postal services, on

condition that such services are provided by an entity which

also provides postal services within the meaning of sub-

regulation (2)(b) and provided that the conditions set out in

regulation 24(1) and (2) are not satisfied in respect of the

services falling within sub-regulation (2)(b).

(2) For the purpose of this regulation and without prejudice to

Directive 97/67/EC

(a)

"postal item" means an item addressed in the final

form in which it is to be carried, irrespective of weight. In

addition to items of correspondence, such items also include for

instance books, catalogues, newspapers, periodicals and postal

packages containing merchandise with or without commercial

value, irrespective of weight;

(b) "postal services" means services consisting of the

clearance, sorting, routing and delivery of postal items. This

shall include both services falling within as well as services

falling outside the scope of the universal service set up in

conformity with Directive 97/67/EC;

(c)

"other services, other than postal services" means

services provided in the following areas

(i)

mail service management services (services

both preceding and subsequent to despatch, such as

mailroom management services);

(ii) services concerning postal items not included

in sub-regulation (2)(a), such as direct mail bearing no

address.

(1) These regulations apply to activities relating to the

exploitation of a geographical area for the purpose of

(a)

extracting oil or gas;

(b)

exploring for, or extracting, coal or other solid fuels.

(2) These regulations do not apply to activities relating to the

exploration for oil and gas.

(3) For the purpose of this regulation

(a)

"exploration" should be considered to include the

activities that are undertaken in order to verify whether oil and

gas is present in a given zone and if so whether it is

commercially exploitable;

(b) "extraction" should

be

considered

as

the

"production" of oil and gas;

(c)

"production" should be considered to include the

setting up of adequate infrastructure for future production of oil

such as oil platforms, pipelines, and terminals.

(1) This regulation shall apply to tenders covering

products originating in third countries with which the Union has not

concluded, whether multilaterally or bilaterally, an agreement

ensuring comparable and effective access for Union undertakings to

the markets of those third countries.

(2) Any tender submitted for the award of a supply contract

may be rejected where the proportion of the products originating in

third countries as determined in accordance with Regulation (EU) No

952/2013 of the European Parliament and of the Council of 9th

October 2013, exceeds fifty per cent of the total value of the products

constituting the tender.

(3) Software used in telecommunications network equipment

shall be regarded as products.

(4) Subject to the provisions of sub-regulation (2), where two

or more tenders are equivalent in the light of the contract award

criteria defined in regulation 170, preference shall be given to those

tenders which may not be rejected pursuant to sub-regulation (2). The

prices of those tenders shall be considered equivalent for the purposes

of this regulation if the price difference does not exceed three per

cent.

(5) A tender shall not be preferred to another pursuant to the

sub-regulation (1) where its acceptance would oblige the contracting

entity to acquire equipment having technical characteristics different

from those of existing equipment, resulting in incompatibility,

technical difficulties in operation and maintenance or

disproportionate costs.

(6) For the purposes of this regulation, third countries to

which the benefit of these regulations has been extended by a Council

Decision in accordance with sub-regulation (1) shall not be taken into

account for determining the proportion, referred to in sub-regulation

(2), of products originating in third countries.

(1) These regulations shall not apply to contracts Contracts

awarded for purposes of resale or lease to third parties, provided that awarded

purposes of

the contracting entity enjoys no special or exclusive right to sell or resale

third parties.

lease the subject of such contracts, and other entities are free to sell or

lease it under the same conditions as the contracting entity.

(2) The contracting entities shall notify the Commission if so

requested of all the categories of products or activities which they

regard as excluded under sub-regulation (1).

(1) These regulations shall not apply to contracts which Contracts and

the contracting entities award for purposes other than the pursuit of design

awarded or

their activities as described in regulations 7 to 13 or for the pursuit of organised

purposes other

such activities in a third country, in conditions not involving the than the pursuit

physical use of a network or geographical area within the Union nor of

activity or for

to design contests organised for such purposes.

the pursuit of

such an activity

in a third

(2) The contracting entities shall notify the Commission if so

country.

requested of all the categories of products or activities which they

regard as excluded under sub-regulation (1).

(1) These regulations shall not apply to contracts or Contracts

design contests which the contracting entity is obliged to award or awarded

design contests

organise in accordance with procurement procedures different from organised

pursuant to

those laid down in these regulations established by any of the international

rules.

following

(a)

a legal instrument creating international law

obligations, such as an international agreement, concluded in

accordance with the Treaties, between a Member State and one

or more third countries or subdivisions thereof and covering

works, supplies or services intended for the joint

implementation or exploitation of a project by their signatories;

(b)

an international organisation;

(c)

contracts and design contests which the contracting

entity awards or organises in accordance with procurement rules

provided by an international organisation or international

financing institution, where the contracts or design contests

concerned are fully financed by that organisation or institution;

in the case of contracts or design contests co-financed the most

part by an international organisation or international financing

institution the parties shall agree on applicable procurement

procedures

Provided that for design contests, falling under this

regulation, and having an estimated value which meets or

exceeds the thresholds established under Schedule 5, the

contracting entity shall communicate all legal instruments

referred to in paragraph (a) to the Commission.

(2) The provisions of regulation 23 shall apply to contracts

and design contests involving defence or security aspects which are

awarded or organised pursuant to international rules. Sub-regulation

(1) shall not apply to those contracts and design contests.

(1)

These regulations shall not apply to

(a)

acquisition or rental, by whatever financial means,

or land, existing buildings or other immovable property or

concerning rights thereon;

(b)

arbitration and conciliation services;

(c)

legal representation of a client by a lawyer within

the meaning of Article 1 of Council Directive 77/249/EEC of 22

March 1977 to facilitate the effective exercise by lawyers of

freedom to provide services in

(i) an arbitration or conciliation held in a

Member State, a third country or before an international

arbitration or conciliation instance;

(ii) judicial proceedings before the courts,

tribunals or public authorities of a Member State or a third

country or before international courts, tribunals or

institutions;

(d) legal advice given in preparation of any of the

proceedings referred to in paragraph (c) or where there is a

tangible indication and high probability that the matter to which

the advice relates will become the subject of such proceedings,

provided that the advice is given by a lawyer within the

meaning of Article 1 of Directive 77/249/EEC of 22 March

1977 to facilitate the effective exercise by lawyers of freedom to

provide services;

(e)

document certification and authentication services

which must be provided by notaries;

(f)

legal services provided by trustees or appointed

guardians or other legal services the providers of which are

designated by a court or tribunal in the Member State concerned

or are designated by law to carry out specific tasks under the

supervision of such tribunals or courts;

(g) other legal services which are connected, even

occasionally, with the exercise of official authority;

(h) financial services in connection with the issue, sale,

purchase or transfer of securities or other financial instruments

within the meaning of Directive 2004/39/EC of the European

Parliament and of the Council of 21 April 2004 on markets in

financial instruments amending, central bank services and

operations conducted with the European Financial Stability

Facility and the European Stability Mechanism;

(i)

loans, whether or not in connection with the issue,

sale, purchase or transfer of securities or other financial

instruments;

(j)

employment contracts;

(k)

public passenger transport services by rail or metro;

(l)

civil defence, civil protection, and danger

prevention services that are provided by non-profit

organisations or associations, and which are covered by CPV

codes 75250000-3, 75251000-0, 75251100-1, 75251110-4,

75251120-7, 75252000-7, 75222000-8, 98113100-9 and

85143000-3 except patient transport ambulance services;

(m)

contracts for broadcasting time or programme

provision that are awarded to audiovisual or radio media service

providers;

(n) public service contracts for research and

development services other than those public service contracts

for research and development services which fall under the CPV

codes 73000000-2 to 73120000-9, 73300000-5, 73420000-2

and 73430000-5 and whose benefits accrue exclusively to the

contracting authority for its use in the conduct of its own affairs,

on condition that the service provided is wholly remunerated by

the contracting authority;

(o) when it is approved by the Commission in line with

Article 35 of Directive 2014/25/EU.

(2) For the purposes of this regulation

"media service providers", limitedly for the purpose of sub-

regulation (1)(m) shall have the same meaning as pursuant to point

(d) of Article 1(1) of Directive 2010/13/EU of the European

Parliament and of the Council of 10 March 2010 on the coordination

of certain provisions laid down by law, regulation or administrative

action in Member States concerning the provision of audiovisual

media services;

"programme" shall have the same meaning as pursuant to point

(b) of Article 1(1) of Directive 2010/13/EU of the European

Parliament and of the Council of 10 March 2010 on the coordination

of certain provisions laid down by law, regulation or administrative

action in Member States concerning the provision of audiovisual

media services and shall also include radio programmes and radio

programme materials;

"programme material" shall have the same meaning of the term

"programme".

These regulations shall not apply to service contracts

awarded to an entity which is itself a contracting authority or to an

association of contracting authorities on the basis of an exclusive

right which they enjoy pursuant to a law, regulation or published

administrative provision which is compatible with the TFEU.

These regulations shall not apply to

Contracts

awarded by

certain

(a)

contracts for the purchase of water if awarded by

contracting

entities for the

contracting entities engaged in one or both of the activities

purchase of

relating to drinking water referred to in regulation 9(1);

water and for

the supply of

energy or of

fuels for the

(b) contracts awarded by contracting entities themselves

production of

being active in the energy sector by being engaged in an activity

energy.

referred to in regulation 7(1), regulation 8(1) or regulation 13

for the supply -

(i)

of energy;

(ii) of fuels for the production of energy.

(1) These regulations shall not apply to contracts falling Defence and

within the scope of Public Procurement of Contracting Authorities or security.

Entities in the fields of Defence and Security Regulations as well as

to contracts to which the said regulations do not apply pursuant to

regulations 9, 13 and 14 thereof.

(2) Contracts and design contests not otherwise exempted

under sub-regulation (1) to the extent that the protection of the

essential security interests of Malta cannot be guaranteed by less

intrusive measures, for instance by imposing requirements aimed at

protecting the confidential nature of information which the

contracting entity makes available in a contract award procedure as

provided for in these regulations.

(3) These regulations shall also not apply to contracts and

design contests not otherwise exempted under sub-regulation (1) to

the extent that the application of these regulations would oblige Malta

to disclose and supply information which it considers contrary to the

essential interests of its security.

These regulations shall not apply to contracts or design Contracts

contests which are declared to be secret or must be accompanied by declared

secret.

special security measures in accordance with the laws of Malta

provided that it has been determined that the essential interests

concerned cannot be guaranteed by less intrusive measures such as

those described in regulation 21(2).

(1) These regulations shall not apply to contracts or Contracts and

design contests involving defence or security aspects which the design

involving

contracting entity is obliged to award or organise in accordance with defence

security aspects

procurement procedures different from those laid down in these awarded or

organised

regulations established by any of the following

pursuant to

international

rules.

(a)

an international agreement or arrangement,

concluded in accordance with the Treaties, between Malta and

one or more third countries or subdivisions thereof and covering

works, supplies or services intended for the joint

implementation or exploitation of a project by their signatories;

(b) an international agreement or arrangement relating

to the stationing of troops and concerning the undertakings of

Malta or a third country;

(c)

an international organisation.

(2) All agreements or arrangements referred to in sub-

regulation (1)(a) shall be communicated to the Commission.

(3) These regulations shall not apply to contracts and design

contests involving defence or security aspects which the contracting

entity awards in accordance with procurement rules provided by an

international organisation or international financing institution, where

the contracts or design contests concerned are fully financed by this

organisation or institution. In the case of contracts or design contests

co-financed for the most part by an international organisation or

international financing institution the parties shall agree on applicable

procurement procedures.

(1) Contracts intended to enable an activity mentioned

in regulations 7 to 13 to be carried out shall not be subject to these

regulations if the contracting entities, having introduced the request

pursuant to regulation 25, can demonstrate that, in Malta, the activity

is directly exposed to competition on markets to which access is not

restricted; nor shall design contests that are organised for the pursuit

of such an activity in that geographic area be subject to these

regulations.

(2) The activity concerned may form part of a larger sector or

be exercised only in certain parts of Malta. The competition

assessment referred to in sub-regulation (1) is without prejudice to the

application of competition law. Such assessment shall be made

having regard to the market for the activities in question and the

geographical reference market within the meaning of sub-regulations

(3) and (4).

(3) For the purposes of sub-regulations (1) and (2), the

question of whether an activity is directly exposed to competition

shall be decided on the basis of criteria that are in conformity with the

TFEU provisions on competition, such as the characteristics of the

goods or services concerned, the existence of alternative goods or

services considered to be substitutable on the supply side or demand

side, the prices and the actual or potential presence of more than one

supplier of the goods or services in question.

(4) The geographical reference market, on the basis of which

exposure to competition is assessed, shall consist of the area in which

the undertakings concerned are involved in the supply and demand of

products or services, in which the conditions of competition are

sufficiently homogeneous and which can be distinguished from

neighbouring areas because, in particular, conditions of competition

are appreciably different in those areas. That assessment shall take

account in particular of the nature and characteristics of the products

or services concerned of the existence of entry barriers or of

consumer preferences, of appreciable differences of the undertakings;

market shares between the area concerned and neighbouring areas or

of substantial price differences.

(5) For the purposes of sub-regulations (1) and (2), access to a

market shall be deemed not to be restricted if Malta has implemented

and applied the provisions of Community legislation mentioned in

Schedule 3.

(6) If free access to a given market cannot be presumed on the

basis of the provisions of sub-regulation (5). it must be demonstrated

that access to the market in question is free de facto and de jure.

(1) Where a contracting entity considers that, on the Procedure for

basis of the criteria set out in regulation 24(3), (4), (5) and (6), a given establishing

whether

activity is directly exposed to competition on markets to which access regulation

applicable.

is not restricted, it may submit a request to the Commission to

establish that these regulations do not apply to the award of contracts

or the organisation of design contests for the pursuit of that activity,

where appropriate together with the position adopted by an

independent national authority that is competent in relation to the

activity concerned.

(2) The requests in sub-regulation (1) may concern activities

which are part of a larger sector or which are exercised only in certain

parts of Malta.

(3) In the request, the contracting entity concerned shall

inform the Commission of all relevant facts, and in particular of any

law, regulation, administrative provision or agreement concerning

compliance with the conditions set out in regulation 24(1) and (2).

(4) Unless a request coming from a contracting entity is

accompanied by a reasoned and substantiated position, adopted by an

independent national authority that is competent in relation to the

activity concerned, which thoroughly analyses the conditions for the

possible applicability of regulation 24(1) and (2) to the activity

concerned in accordance with regulation 24(3), (4), (5) and (6), the

Commission shall immediately inform the Member State concerned.

The Member State through the contracting entity shall in such cases

inform the Commission of all relevant facts, and in particular of any

law, regulation, administrative provision or agreement concerning

compliance with the conditions set out in regulation 24(1) and (2).

(5) Upon a request submitted in accordance with sub-

regulations (1) and (2), the Commission may, by means of

implementing acts adopted within the periods set out in Schedule 6,

establish whether an activity referred to in regulations 7 to 13 is

directly exposed to competition on the basis of the criteria set out in

regulation 24.

(6) Contracts intended to enable the activity concerned to be

carried out and design contests that are organised for the pursuit of

such an activity shall cease to be subject to these regulations in any of

the following cases

(a)

the Commission has adopted the implementing act

establishing the applicability of regulation 24(1) and (2) within

the period provided for in Schedule 6;

(b) the Commission has not adopted the implementing

act within the period provided for in Schedule 6.

After the submission of a request, the Member State or the

contracting entity concerned may, with the Commission’s agreement,

substantially modify its request, in particular as regards the activities

or the geographical areas concerned. In that case, a new period for the

adoption of the implementing act shall apply, which shall be

calculated in accordance with paragraph 1 of Schedule 9, unless a

shorter period is agreed on by the Commission and the contracting

entity which has presented the request.

When an activity is already the subject of a procedure

under this title, further requests concerning the same activity before

the expiry of the period opened in respect of the first request shall not

be considered as a new procedure and shall be treated in the context

of the first request.

The Commission shall adopt an implementing act

establishing detailed rules. That implementing act shall include rules

relating to

(a)

the publication in the Official Journal of the

European Union, for information of the date on which the

period set out in paragraph 1 of Schedule 6 begins and ends,

including any prolongations or suspensions of those periods, as

provided for in the same schedule;

(b) publication of

the

possible

applicability

of

regulation 24(1) and (2);

(c)

implementing provisions concerning the form,

content and other details of requests pursuant to regulation

25(1), (2) and (3).

(1) Subject to the provisions of Part III, a public Contracts

contract, having an estimated value which falls under regulation between

contracting

30(1)(b), awarded by a contracting authority to a legal person authorities.

governed by private or public law, shall fall outside the scope of these

regulations when all of the following conditions are fulfilled

(a)

the contracting authority exercises over the legal

person concerned a control which is similar to that which it

exercises over its own departments;

(b) more than eighty per cent of the activities of the

controlled legal person are carried out in the performance of

tasks entrusted to it by the controlling contracting authority or

by other legal persons controlled by that contracting authority;

(c)

there is no direct private capital participation in the

controlled legal person with the exception of non-controlling

and non-blocking forms of private capital participation required

by national legislative provisions, in conformity with the

Treaties, which do not exert a decisive influence on the

controlled legal person.

(2) A contracting authority shall be deemed to exercise over a

legal person a control similar to that which it exercises over its own

departments within the meaning of sub-regulation (1)(a) where it

exercises a decisive influence over both strategic objectives and

significant decisions of the controlled legal person. Such control may

also be exercised by another legal person, which is itself controlled in

the same way by the contracting authority.

(3) The provisions of sub-regulations (1) and (2) also apply

where a controlled person which is a contracting authority awards a

contract to its controlling contracting authority, or to another legal

person controlled by the same contracting authority, provided that

there is no direct private capital participation in the legal person being

awarded the public contract with the exception of non-controlling and

non-blocking forms of private capital participation required by

national legislative provisions, in conformity with the Treaties, which

do not exert a decisive influence on the controlled legal person.

(4) A contracting authority, which does not exercise over a

legal person governed by private or public law control within the

meaning of sub-regulations (1) and (2), may nevertheless award a

contract to that legal person without applying these regulations,

where all of the following conditions are fulfilled

(a)

the contracting authority exercises jointly with other

contracting authorities a control over that legal person which is

similar to that which they exercise over their own departments;

(b) more than eighty per cent of the activities of that

legal person are carried out in the performance of tasks

entrusted to it by the controlling contracting authorities or by

other legal persons controlled by the same contracting

authorities; and

(c)

there is no direct private capital participation in the

controlled legal person with the exception of non-controlling

and non-blocking forms of private capital participation required

by national legislative provisions, in conformity with the

Treaties, which do not exert a decisive influence on the

controlled legal person.

(5) For the purposes of sub-regulation (4)(a), contracting

authorities shall be deemed to exercise joint control over a legal

person where all of the following conditions are fulfilled

(a)

the decision-making bodies of the controlled legal

person are composed of representatives of all participating

contracting authorities. Individual representatives may represent

several or all of the participating contracting authorities;

(b) those contracting authorities are able to jointly exert

decisive influence over the strategic objectives and significant

decisions of the controlled legal person;

(c)

the controlled legal person does not pursue any

interests which are contrary to those of the controlling

contracting authorities.

(6) A contract concluded exclusively between two or more

contracting authorities shall fall outside the scope of these

regulations, where all of the following conditions are met

(a)

the contract establishes or implements a cooperation

between the participating contracting authorities with the aim of

ensuring that public services they have to perform are provided

with a view to achieving objectives they have in common;

(b) the implementation of that cooperation is governed

solely by considerations relating to the public interest;

(c)

the participating contracting authorities perform on

the open market less than twenty per cent of the activities

concerned by the cooperation.

(7) For the determination of the percentage of activities

referred to in sub-regulation (1)(b), sub-regulation 4(b), and sub-

regulation (6)(c), the average total turnover, or an appropriate

alternative activity based measure such as costs incurred by the

relevant legal person with respect to services, supplies and works for

the three years preceding the contract award shall be taken into

consideration.

(8) Where, because of the date on which the relevant legal

person was created or commenced activities or because of a

reorganisation of its activities, the turnover, or alternative activity

based measure such as costs, are either not available for the preceding

three years or no longer relevant, it shall be sufficient to show that the

measurement of activity is credible, particularly by means of business

projections.

(1) Without prejudice to the applicability of the other Administration

provisions of these regulations, the procurement process of public of the process.

contracts -

(a)

the estimated value of which is less than four

hundred and eighteen thousand euro (€418,000), shall be issued,

administered and determined by the contracting authorities

without the involvement of the Director;

(b) the estimated value of which equals or exceeds the

threshold of that four hundred and eighteen thousand euro

(€418,000) shall be issued, administered and determined by the

Director on behalf of the contracting authority.

(2) The Minister shall, from time to time, by regulations

determine the thresholds applicable under these regulations. Such

thresholds shall be equal to, and categorised in the same fashion, as

the thresholds established pursuant to the relevant European Union

Directives as published from time to time in the Official Journal of

the European Union.

Affiliated Undertakings

(1) Notwithstanding the provisions of regulation 29, and

provided that the conditions in sub-regulation (2) of this regulation

are met, these regulations shall not apply to contracts awarded

(a)

by a contracting entity to an affiliated undertaking;

(b) by a joint venture, formed exclusively by a number

of contracting entities for the purpose of carrying out activities

described in regulations 7 to 13, to an undertaking which is

affiliated with one of those contracting entities.

(2) The provisions of sub-regulation (1) shall apply to

(a)

service contracts provided that at least eighty per

cent of the average total turnover of the affiliated undertaking

over the preceding three years, taking into account all services

provided by that undertaking, derives from the provision of

services to the contracting entity or other undertakings with

which it is affiliated;

(b) supply contracts provided that at least eighty per

cent of the average total turnover of the affiliated undertaking,

taking into account all supplies provided by that undertaking,

over the preceding three years derives from the provision of

supplies to the contracting entity or other undertakings with

which it is affiliated;

(c)

to works contracts provided that at least eighty per

cent of the average total turnover of the affiliated undertaking,

taking into account all works provided by that undertaking, over

the preceding three years derives from the provision of works to

the contracting entity or other undertakings with which it is

affiliated.

(3) Where, because of the date on which an affiliated

undertaking was created or commenced activities, the turnover is not

available for the preceding three years, it shall be sufficient for that

undertaking to show that the turnover referred to in sub-regulation

(2)(a), (b) or (c) of credible, in particular by means of business,

projections.

(4) Where more than one undertaking affiliated with the

contracting entity with which they form an economic group provides

the same or similar services, supplies or works, the percentages shall

be calculated taking into account the total turnover deriving

respectively from the provision of services, supplies or works by

those affiliated undertakings.

(5) For the purposes of this regulation, "affiliated

undertaking" means any undertaking the annual accounts of which

are consolidated with those of the contracting entity in accordance

with the requirements of the Directive 2013/34/EU.

(6) In the case of entities, which are not subject to Directive

2013/34/EU, "affiliated undertaking" shall mean any undertaking

that

(a)

may be, directly or indirectly, subject to a dominant

influence by the contracting entity;

(b) may exercise a dominant influence over the

contracting entity;

(c)

in common with the contracting entity, is subject to

the dominant influence of another undertaking by virtue of

ownership, financial participation, or the rules which govern it.

(7) For the purposes of sub-regulation (6), the term "dominant

influence" shall have the same meaning as in regulation 2(3).

Notwithstanding the provisions of regulation 29, and Joint ventures.

provided that the joint venture has been set up in order to carry out the

activity concerned over a period of at least three years and that the

instrument setting up the joint venture stipulates that the contracting

entities, which form it, will be part thereof for at least the same

period, these regulations shall not apply to contracts awarded by any

of the following

(a)

by a joint venture, formed exclusively by a number

of contracting entities for the purpose of carrying out activities

within the meaning of regulations 7 to 13, to one of those

contracting entities;

(b) by a contracting entity to such a joint venture of

which it forms part.

The Office of the Director of Contracts

The provisions of regulations 10, 11, 12, 14 and 15 of the Applicability of

Public Procurement Regulations, 2016, shall mutatis mutandis apply the

Procurement

to these regulations.

Regulations.

In relation to a procurement procedure carried out by the

Director on behalf of a contracting authority with an estimated value

which falls under regulation 30(1)(b) it shall also be the function of

the Director

(a)

to establish and approve the general conditions of

the procurement documents;

(b) to authorise deviations from standard terms and

conditions in accordance with the regulations set out herein and

which may be included in the procurement documents;

(c)

to consider an extension or the cancellation of a

procurement procedure;

(d) to order that a procurement period of any call for

offers referred to in these regulations be extended if he

considers such an extension justified by the circumstances of

the case;

(e)

to vet and approve, with or without modification,

procurement documents before the same are issued and

published;

(f)

to approve, where required under these regulations,

modifications which exceed the amount established in

regulation 177(3);

(g) to approve requests made by the contracting

authorities for the extension of contracts if he considers that

circumstances so warrant in the public interest and specific

provision for such extensions is made in the procurement

document;

(h) to identify and implement appropriate means to

enable him to monitor the proper execution of contracts;

(i)

to make regulations to award contracts in the name

and on behalf of contracting authorities and contracting entities

covered by these regulations, including the case of an

association of authorities of which such contracting authority is

a member;

(j)

to establish the procedure affecting the award of

contracts governed by procedures deviating from these

regulations as long as these procedures shall be published by a

notice in the Gazette;

(k) to publish in the Gazette a notice of all awards of

contracts including variations outside the limit of the tender

conditions, within six months of their award;

(l)

to award tenders and sign contracts in the name and

on behalf of contracting authorities as established under these

regulations;

(m) to take appropriate measures to ensure that in the

performance of public contracts economic operators comply

with applicable obligations in the fields of environmental, social

and labour law established by Union law, national law,

collective agreements or by the international environmental,

social and labour law provisions listed in Schedule 14; and

(n) to make and transmit to the Minister a report by not

later than six months after the end of each financial year about -

(i) the performance of the General Contracts

Committee, and of the Special Contracts Committee

during the financial year being reported upon. The report

shall, in particular, provide details regarding appeals

submitted by candidates and tenderers and any person

having or having had an interest in obtaining a particular

public contract in terms of these regulations and the

decisions arrived at by the General Contracts Committee;

and

(ii) the results of the monitoring activities

Provided that following the transmission of the

report to the Minister, the Director shall ensure that the report is

made public;

(o)

to inform the Commission of

(i) any general difficulties, in law or in fact,

encountered and reported by undertakings in securing the

award of service contracts in third countries;

(ii) any difficulties, in law or in fact, encountered

and reported by undertakings and which are due to the non-

observance of the international labour law provisions listed

in Schedule 14 when those undertakings have tried to

secure the award of contracts in third countries

Provided that the provisions of sub-paragraphs (i)

and (ii) shall be without prejudice to the commitments of the

Union in relation to third countries ensuing from international

agreements on public procurement particularly within the

framework of the WTO.

The Contracting Authority

It shall be the duty of all contracting authorities

(a)

to observe and abide by these regulations;

(b) to administer their own procurement when the

estimated values of such a procurement falls under the threshold

established in regulation 30(1)(a);

(c)

to draw up procurement documents and all relevant

supporting documentation

Provided that when a contracting authority needs to

publish a procurement process with an estimated value which

falls under the threshold established under regulation 30(1)(b),

the same contracting authority shall forward the procurement

document and all relevant supporting documentation to the

Director so that they may be vetted, published and administered

by the latter;

(d) to ensure that any references to nomenclatures in the

context of public procurement shall be made using the Common

Procurement Vocabulary;

(e)

to publish all calls for tenders and quotations,

through Government’s e-procurement platform, unless

otherwise authorised in writing by the Director;

(f)

to monitor the implementation of the procurement

process;

(g) to take appropriate measures to effectively prevent,

identify and remedy conflicts of interest arising in the conduct

of procurement procedures so as to avoid any distortion of

competition and to ensure equal treatment of all economic

operators;

(h) to indicate in its procurement documents that the

award of the contract is subject to the review procedure as set

forth in these regulations and to include an extract of the

relevant part of the appeals process in the said documents for

the guidance of economic operators;

(i)

to administer and implement all contracts signed by

them or on their behalf and to defend in front of any court or

tribunal any issue that might arise in the execution of the

contract;

(j)

to effect all payments resulting from the execution

of the contract;

(k) to take appropriate measures to ensure that, during

the execution of a contract, economic operators comply with the

applicable obligations in the fields of environmental, social and

labour law established by Union law, national law, collective

agreements or by the international environmental, social and

labour law provisions listed in Schedule 14;

(l)

to notify the Commission, if so requested by the

latter, the following information regarding the application of

regulation 31(1) and (6) and regulation 32

(i) the names of the undertakings or joint

ventures concerned;

(ii) the nature and value of the contracts

involved;

(iii) proof deemed necessary by the Commission

that the relationship between the undertaking or joint

venture to which the contracts are awarded and the

contracting entity complies with the requirements of

regulation 31 or 32.

(1) When an Evaluation Committee is appointed by a Appointment of

contracting authority or a contracting entity governed by these an

Committee.

regulations, the Evaluation Committee shall draw up an evaluation

report and communicate the report as follows

(a)

if the estimated value of the tender falls under the

threshold established under regulation 30(1)(a), the individual

report shall be addressed to the Departmental Contracts

Committee and shall be drawn in terms of the provisions of Part

III;

(b) if the estimated value of the tender falls under the

threshold established under regulation 30(1)(b), the individual

report shall be addressed to the Director and shall be drawn in

terms of regulation 172.

For tenders with an estimated value which falls under the Penalties.

threshold established in regulation 30(1)(b), a contracting authority

can impose or remit penalties only after obtaining the permission of

the Director.

Centralised purchasing activities and joint procurement

(1) Contracting authorities listed in Schedule 4 are

authorised to act also as a central purchasing body.

(2) It shall be the function of central purchasing bodies to

periodically notify Heads of Departments of the prices and conditions

applicable for, and the procedure to be followed in, the procurement

of such equipment, stores, works or services.

(1) A contracting entity can acquire supplies and, or

services from a central purchasing body intended for contracting

entities,

(2) Contracting entities can acquire works, supplies and

services by using contracts awarded by a central purchasing body, by

using dynamic purchasing systems operated by a central purchasing

body, or by using a framework agreement concluded by a central

purchasing body offering the centralised purchasing activity referred

to in paragraph (b) of the definition "centralised purchasing

activities" under regulation 2. Where a dynamic purchasing system

which is operated by a central purchasing body may be used by other

contracting entities, this shall be mentioned in the call for competition

setting up that dynamic purchasing system.

(1) When a contracting entity carries out its

procurement under regulation 39, it shall be deemed to have fulfilled

its obligations under these regulations.

(2) A contracting entity also fulfils its obligations pursuant to

these regulations where it acquires works, supplies or services

(a)

by using

contracts

awarded

by

the

central

purchasing body;

(b) by using dynamic purchasing systems operated by

the central purchasing body; or

(c)

by using a framework agreement concluded by the

central purchasing body offering centralised purchasing activity

referred to paragraph (b) of the definition "centralised

purchasing activities" under regulation 2.

(3) Notwithstanding the provisions of sub-regulation (2), the

contracting entity concerned shall be responsible for fulfilling the

obligations pursuant to these regulations in respect of the parts it

conducts itself, such as

(a)

awarding a contract under a dynamic purchasing

system, which is operated by a central purchasing body;

(b) conducting a reopening of competition under a

framework agreement that has been concluded by a central

purchasing body.

(4) All procurement procedures conducted by a central

purchasing body shall be performed using electronic means of

communication, in accordance with the requirements set out in

regulation 70.

(5) Contracting entities may, without applying the procedures

provided for in these regulations, award a public service contract for

the provision of centralised purchasing activities to a central

purchasing body.

(6) The public service contracts identified under sub-

regulation (5) may also include the provision of ancillary purchasing

activities.

(1) After seeking the approval of the Director and Occasional joint

subject to the conditions the latter may impose, two or more procurement.

contracting entities may agree to perform certain specific

procurements jointly.

(2) Where the estimated value of the joint procurement falls

under the threshold established under regulation 30(1)(b), and unless

the Director agrees otherwise, the procurement procedure shall be

administered by the Director.

(3) Where the conduct of a procurement procedure in its

entirety is carried out jointly in the name and on behalf of all the

contracting entities concerned, they shall be jointly responsible for

fulfilling their obligations pursuant to these regulations. This applies

also in cases where one contracting entity manages the procedure,

acting on its own behalf and on the behalf of the other contracting

entities concerned.

(4) Where the conduct of a procurement procedure is not in its

entirety carried out in the name and on behalf of the contracting

entities concerned, they shall be jointly responsible only for those

parts carried out jointly. Each contracting entity shall have sole

responsibility for fulfilling its obligations pursuant to these

regulations in respect of the parts it conducts in its own name and on

its own behalf.

(1) A contracting entity may, with the approval of the

Director and subject to the conditions the latter may impose,

participate in procurement procedures involving contracting

authorities from different Member States.

(2) Where the estimated value of the joint procurement falls

under the threshold established under regulation 30(1)(b), the

application of this regulation shall be subject to what is established

under regulations 25 and 35(n).

(3) A contracting entity may make use of centralised

purchasing activities offered by central purchasing bodies located in

another Member State

Provided that contracting entities shall not use the means

provided in this regulation for the purpose of avoiding the application

of mandatory public law provisions in conformity with Union law to

which they are subject.

(4) The provision of centralised purchasing activities by a

central purchasing body located in another Member State shall be

conducted in accordance with the national provisions of the Member

State where the central purchasing body is located.

(5) The national provisions of the Member State where the

central purchasing body is located shall also apply to the following

(a)

the award of a contract under a dynamic purchasing

system;

(b) the conduct of a reopening of competition under a

framework agreement.

(6) Several contracting entities from different Member States

may jointly award a public contract, conclude a framework agreement

or operate a dynamic purchasing system

(7) Unless the necessary elements have been regulated by an

international agreement concluded between the Member States

concerned, the participating contracting entities shall conclude an

agreement that determines

(a)

the responsibilities of the parties and the relevant

applicable national provisions;

(b) the internal organisation of the procurement

procedure, including the management of the procedure, the

distribution of the works, supplies or services to be procured,

and the conclusion of contracts.

(8) A participating contracting entity fulfils its obligations

pursuant to these regulations when it purchases works, supplies or

services from a contracting entity which is responsible for the

procurement procedure.

(9) When determining responsibilities and the applicable

national law as referred to in sub-regulation (7)(a), the participating

contracting entities may allocate specific responsibilities among them

and determine the applicable provisions of their respective national

laws.

(10) The allocation of responsibilities and the applicable

national law shall be referred to in the procurement documents for

jointly awarded public contracts.

(11) Where several contracting entities from different Member

States have set up a joint entity, including European Groupings of

territorial cooperation under Regulation (EC) No 1082/2006 of the

European Parliament and of the Council of 5 July 2006 on a European

grouping of territorial cooperation or other entities established under

Union law, the participating contracting entities shall, by a decision of

the competent body of the joint entity, agree on the applicable

national procurement rules of one of the following Member States

(a)

the national provisions of the Member State where

the joint entity has its registered office;

(b) the national provisions of the Member State where

the joint entity is carrying out its activities.

(12) The agreement referred to in sub-regulation (11) may

either apply for an undetermined period, when fixed in the

constitutive act of the joint entity, or may be limited to a certain

period of time, certain types of contracts or to one or more individual

contract awards.

Mixed Procurement

(1) Contracts which have as their subject two or more Mixed

types of procurement, whether works, services or supplies, all of procurement

covering the

which are covered by these regulations, shall be awarded in same activity.

accordance with the provisions applicable to the type of procurement

that characterises the main subject of the contract in question.

(2) in the case of mixed contracts which have as their subject-

matter different types of procurement, all of which are covered by

these regulations, consisting partly of services within the meaning of

regulations 134 to -139 and partly of other services or of mixed

contracts consisting partly of services and partly of supplies, the main

subject shall be determined in accordance with which of the estimated

values of the respective services or supplies is the highest.

(3) In cases of mixed contracts which have as their subject-

matter procurement covered by these regulations and procurement

covered by other legal regimes and where the different parts of a

given contract are objectively separable the following shall apply

(a)

contracting authorities may choose to award

separate contracts for the separate parts or to award a single

contract. Where contracting authorities choose to award

separate contracts for separate parts, the decision as to which

legal regime applies to any one of such separate contracts shall

be taken on the basis of the characteristics of the separate part

concerned;

(b) where contracting authorities choose to award a

single contract, these regulations shall, unless otherwise

provided in regulation 23, apply to the ensuing mixed contract,

irrespective of the value of the parts that would otherwise fall

under a different legal regime and irrespective of which legal

regime those parts would otherwise have been subject to;

(c)

in the case of mixed contracts containing elements

of supply, works and service contracts and of concessions, the

mixed contract shall be awarded in accordance with these

regulations, provided that the estimated value of the part of the

contract which constitutes a contract covered by these

regulations, calculated in accordance with regulations 42 to 55,

is equal to or greater than the relevant threshold set out in

Schedule 5.

(4) Where the different parts of a given contract are

objectively not separable, the applicable legal regime shall be

determined on the basis of the main subject-matter of that contract.

(1) In the case of contracts intended to cover several

activities, contracting entities may choose to award separate contracts

for the purposes of each separate activity or to award a single

contract.

(2) Where contracting entities choose to award separate

contracts, the decision as to which rules apply to any one of such

separate contracts shall be taken on the basis of the characteristics of

the separate activity concerned.

(3) The choice between awarding a single contract or

awarding a number of separate contracts shall not, however, be made

with the objective of excluding the contract or contracts from the

scope of application of these regulations or where applicable the

Public Procurement Regulations, 2016, or the Concession Contracts

Regulations, 2016.

(4) A contract which is intended to cover several activities

shall be subject to the rules applicable to the activity for which it is

principally intended.

(5) In the case of contracts for which it is objectively

impossible to determine for which activity the contract is principally

intended, the applicable rules shall be determined as follows

(a)

awarded in accordance with the Public Procurement

Regulations, 2016, if one of the activities for which the contract

is intended is subject to these regulations and the other to Public

Procurement Regulations, 2016;

(b) awarded in accordance with these regulations, if one

of the activities for which the contract is intended is subject to

these regulations and the other to the Public Procurement

Regulations, 2016, for the award of concession contracts;

(c)

awarded in accordance with these regulations, if one

of the activities for which the contract is intended is subject to

these regulations and the other is not subject to either these

regulations, the Public Procurement Regulations, 2016, or the

Public Concessions Regulations, 2016;

(d) notwithstanding the provisions of regulation 43,

where contracting entities choose to award a single contract, the

provisions of this sub-regulation shall apply;

(e)

where one of the activities concerned is covered by

Article 346 of the TFEU or the Public Procurement of S.L. 174.08

Contracting Authorities or Entities in the fields of Defence and

Security Regulations, regulation 46 shall apply.

(1) In the case of mixed contracts covering the same

activity which have as their subject-matter procurement covered by

these regulations and procurement covered by Article 346 of the

TFEU or by the regulations governing Public Procurement of

Contracting Authorities or Entities in the fields of Defence and

Security Regulations, this regulation shall apply.

(2) Where the different parts of a given contract are

objectively separable, contracting entities may choose to award

separate contracts for the separate parts or to award a single contract.

(3) Where contracting entities choose to award separate

contracts for separate parts, the decision of which legal regime

applies to any one of such separate contracts shall be taken on the

basis of the characteristics of the separate part concerned.

(4) Where contracting entities choose to award a single

contract, the following criteria shall apply to determine the applicable

legal regime

(a)

where part of a given contract is covered by Article

346 of the TFEU, the contract may be awarded without applying

these regulations, provided that the award of a single contract is

justified for objective reasons;

(b) where part of a given contract is covered by Public

Procurement of Contracting Authorities or Entities in the fields

of Defence and Security Regulations, the contract may be

awarded in accordance with those regulations, provided that the

award of a single contract is justified for objective reasons

Provided that the application of this paragraph shall

be without prejudice to the thresholds and exclusions for which

the regulations identified above provide for.

(5) The decision to award a single contract shall not, however,

be taken for the purpose of excluding contracts from the application

of either these regulations or the Public Procurement of Contracting

Authorities or Entities in the fields of Defence and Security

Regulations.

(6) The provisions of sub-regulation (4)(a) shall apply to

mixed contracts to which both paragraphs (a) and (b) of sub-

regulation (4) could otherwise apply.

(7) Where the different parts of a given contract are

objectively not separable, where the contract includes elements to

which Article 346 of the TFEU applies, it may be awarded without

applying these regulations; otherwise it may be awarded in

accordance with the Public Procurement of Contracting Authorities or S.L. 174.08

Entities in the fields of Defence and Security Regulations.

(1) In the case of contracts intended to cover several Procurement

activities, contracting entities may award separate contracts for the covering

activities and

purposes of each separate activity or to award a single contract. involving

defence or

Where contracting entities choose to award separate contracts for security aspects.

separate parts, the decision of which legal regime applies to any one

of such separate contracts shall be taken on the basis of the

characteristics of the separate activity concerned.

(2) Where contracting entities choose to award a single

contract, the provisions of sub-regulation (3) shall apply. The choice

between awarding a single contract and awarding a number of

separate contracts shall not be made with the objective of excluding

the contract or contracts from the scope of these regulations or the

Public Procurement of Contracting Authorities or Entities in the S.L. 174.08

fields of Defence and Security Regulations.

(3) In the case of contracts intended to cover an activity which

is subject to these regulations and another which is subject to the

Public Procurement of Contracting Authorities or Entities in the S.L. 174.08

fields of Defence and Security Regulations, the contract may be

awarded in accordance with the Public Procurement of Contracting

Authorities or Entities in the fields of Defence and Security

Regulations

Provided that the provisions of this sub-regulation shall be

without prejudice to the thresholds and exclusions for which the

Public Procurement of Contracting Authorities or Entities in the S.L. 174.08

fields of Defence and Security Regulations provides.

(4) In the case of contracts intended to cover an activity which

is subject to these regulations and another which is covered by Article

346 of the TFEU the contract may be awarded without applying these

regulations.

(5) Contracts as set out under sub-regulation (3), which in

addition include procurement or other elements which are covered by

Article 346 of the TFEU, may be awarded without applying these

regulations.

(6) The application of sub-regulations (3), (4) and (5) is

subject to the condition that the award of a single contract is justified

for objective reasons and the decision to award a single contract is not

taken for the purpose of excluding contracts from the application of

these regulations.

Contract Value

(1) The calculation of the estimated value of a contract

shall be based on the total amount payable, net of VAT, as estimated

by the contracting entity. This calculation shall take account of the

estimated total amount, including any form of option and any

renewals of the contract.

(2) Where the contracting entity provides for prizes or

payments to candidates or tenderers it shall take them into account

when calculating the estimated value of the contract.

(3) Where the contracting entity is comprised of separate

operational units, account shall be taken of the total estimated value

for all the individual operational units

Provided that where a separate operational unit is

independently responsible for its procurement or certain categories

thereof, the values may be estimated at the level of the unit in

question.

(4) The choice of the method used to calculate the estimated

value of a contract shall not be made with the intention of excluding it

from the scope of these regulations.

(5) A contract shall not be subdivided with the effect of

preventing it from falling within the scope of these regulations, unless

justified by objective reasons.

(6) The estimated value shall be valid at the moment at which

the call for competition is sent or, in cases where a call for

competition is not foreseen, at the moment at which the contracting

authority commences the procurement procedure, for instance, where

appropriate, by contacting economic operators in relation to the

procurement.

With regard to framework agreements and dynamic

purchasing systems, the estimated value to be taken into

consideration shall be the maximum estimated value net of VAT of all

the contracts envisaged for the total term of the agreement or system.

In the case of innovation partnerships, the value to be

taken into consideration shall be the maximum estimated value, net of

VAT, of the research and development activities to take place during

all stages of the envisaged partnership as well as of the supplies,

services or works to be developed and procured at the end of the

envisaged partnership.

(1) Contracting entities shall include in the estimated Value of public

value of a works contract both the cost of the works and the value of works.

any supplies or services necessary for the execution of the works,

which they make available to the contractor.

(2) Where a proposed work or a proposed provision of

services may result in contracts being awarded in the form of separate

lots, account shall be taken of the total estimated value of all such

lots.

(3) Where the aggregate value of lots is equal to or exceeds the

threshold laid down in Schedule 5, these regulations shall apply to the

awarding of each lot.

(1) Where a proposal for the acquisition of similar Similar

supplies may result in contracts being awarded in the form of separate supplies.

lots, account shall be taken of the total estimated value of all such

lots.

(2) Where the aggregate value of lots is equal to or exceeds the

threshold laid down in Schedule 5, these regulations shall apply to the

awarding of each lot.

(3) For the purpose of this Part, "similar supplies" means

products which are intended for identical or similar uses.

Notwithstanding the provisions of regulation 50(2) and (3), Waiver from

contracting entities may waive such application in respect of lots the application

regulation 50(2)

estimated value of which, net of VAT, is less than €80,000 for and (3).

supplies or services or €1,000,000 for works, provided that the

aggregate value of those lots does not exceed twenty per cent of the

aggregate value of the lots as a whole.

The estimated contract value in the renewal of supply or Renewal of

service contracts which are regular in nature or which are intended to supply

service

be renewed within a given period shall be calculated as follows

contracts.

(a) either the total actual value of the successive

contracts of the same type awarded during the preceding twelve

months or financial year adjusted to take account of the changes

in quantity or value which would occur in the course of the

twelve months following the initial contract; or

(b)

the total estimated value of the successive contracts

awarded during the twelve months following the first delivery,

or during the financial year where that is longer than twelve

months.

With regard to supply contracts relating to leasing, hire,

rental or hire purchase of products, the value to be taken as a basis for

calculating the estimated contract value shall be as follows

(a)

in case of fixed-term contracts, if that term is less

than or equal to twelve months, the total estimated value for the

term of the contract;

(b) in case of fixed-term contracts, if that term is greater

than twelve months, the total value including the estimated

residual value;

(c)

in the case of contracts without a fixed term or

contracts with a term which cannot be defined, the monthly

value multiplied by 48.

(1) With regard to service contracts, the basis for

calculating the estimated contract value shall be as follows

(a)

insurance services: the premium payable, and other

forms of remuneration;

(b) banking and other financial services: the fees,

commissions payable, interest and other forms of remuneration;

(c)

design contracts: fees, commissions payable and

other forms of remuneration.

(2) With regard to service contracts which do not indicate a

total price, the basis for calculating the estimated contract value shall

be as follows

(a)

in the case of fixed-term contracts, where that term

is less than or equal to forty-eight months: the total value for

their full term;

(b) in the case of contracts without a fixed term or with

a term greater than forty-eight months: the monthly value

multiplied by 48.

Contracts into Lots

Contracting entities may decide to award a contract in the

form of separate lots and may determine the size and subject-matter

of such lots.

Contracting entities shall indicate, in the contract notice, in Information on

the invitation to confirm interest, or, where the means of calling for whether

may be

competition is a notice on the existence of a qualification system, in submitted

one or several

the invitation to tender or to negotiate, whether tenders may be lots.

submitted for one, for several or for all of the lots.

Contracting entities may, even where tenders may be Right to limit

submitted for several or all lots, limit the number of lots that may be the

lots to be

awarded to one tenderer, provided that the maximum number of lots awarded

tenderer.

per tenderer is stated in the contract notice or in the invitation to

confirm interest, to tender or to negotiate. Contracting entities shall

indicate in the procurement documents the objective and non-

discriminatory criteria or rules they intend to apply for determining

which lots will be awarded where the application of the award criteria

would result in one tenderer being awarded more lots than the

maximum number.

Where more than one lot may be awarded to the same Award contracts

tenderer, contracting entities may award contracts combining several combining

several or all

or all lots where they have specified in the contract notice or in the lots.

invitation to confirm interest that they reserve the possibility of doing

so and indicate the lots or groups of lots that may be combined.

Principles underlying the Procurement Process

(1) The procurement document shall be written in clear Clarity of the

and unambiguous terms so as to enable all interested parties to procurement

documents.

understand properly the terms and conditions of the process.

(2) Unless it has been requested in good time, the contracting

entities shall supply to all tenderers taking part in the procurement

procedure additional information relating to the specifications and

any supporting documents not later than six days before the time limit

fixed for the receipt of tenders.

(3) In the event of an accelerated open procedure as referred to

in regulation 91(3), the period mentioned in sub-regulation (2) shall

be four days.

(1) Contracting entities shall treat economic operators Equal treatment,

equally and without discrimination and shall act in a transparent and transparency

and

proportionate manner.

proportionality.

(2) The design of the procurement shall not be made with the

intention of excluding it from the scope of these regulations or of

artificially narrowing competition. Competition shall be considered to

be artificially narrowed where the design of the procurement is made

with the intention of unduly favouring or disadvantaging certain

economic operators.

(3) In so far as they are covered by Annexes 3, 4 and 5 and the

General Notes to the European Union’s Appendix I to the GPA and by

the other international agreements by which the Union is bound,

contracting entities shall accord to the works, supplies, services and

economic operators of the signatories to those agreements treatment

no less favourable than the treatment accorded to the works, supplies,

services and economic operators of the Union.

(1) Subject to the obligations established under these

regulations and or any other law obliging the Director or the

contracting entity to disclose information, a contracting entity and, or

the Director shall not disclose information forwarded to it by

economic operators which they have designated as confidential,

including, but not limited to, technical or trade secrets and the

confidential aspects of tenders.

(2) Without prejudice to the provisions of these regulations,

the following information shall not be considered as confidential

(a)

the name of the bidders and the individual names of

the members of a group of economic operators who submitted a

particular tender;

(b)

the name of the sub-contractors;

(c)

the documentation submitted by economic operators

attesting that they comply with selection criteria;

(d)

technical information which is already public.

(3) Contracting entities may impose on economic operators

requirements aimed at protecting the confidential nature of

information which the contracting entities make available throughout

the procurement procedure, including information made available in

connection with the operation of a qualification system, whether or

not this has been the subject of a notice on the existence of a

qualification system used as a means of calling for competition.

Publication

(1) Contracting entities may make known their

intentions of planned procurements through the publication of a

periodic indicative notice. Those notices shall contain the information

set out in Schedule 8, Part A, Section I. They shall be published either

by the Publications Office of the European Union or by the

contracting entities on their buyer profiles in accordance with

regulation 2(b) of Schedule 10. Where the prior information notice is

published by the contracting entities on their buyer profile, they shall

send a notice of the publication on their buyer profile to the

Publications Office of the European Union in accordance with

regulation 3 of Schedule 10. Those notices shall contain the

information set out in Schedule 8, Part B.

(1) Contract notices may be used as a means of calling Contract

notices.

for competition in respect of all procedures.

(2) Contract notices shall contain the information set out in the

relevant part of Schedule 11 and shall be published in accordance

with regulation 66.

(1) Not later than thirty days after the conclusion of a Contract award

contract or of a framework agreement following the decision to award notices.

or conclude it, contracting entities shall send a contract award notice

on the results of the procurement procedure.

(2) Such notice shall contain the information set out in

Schedule 12 and shall be published in accordance with regulation 66.

(3) In the case of framework agreements concluded in

accordance with regulations 143 to 146, contracting entities shall not

be bound to send a notice of the results of the procurement procedure

for each contract based on that agreement

Provided that contracting entities shall group notices of the

results of the procurement procedure for contracts based on the

framework agreement on a quarterly basis. In that case, contracting

entities shall send the grouped notices within thirty days of the end of

each quarter.

(4) Contracting entities shall send a contract award notice

within thirty days after the award of each contract based on a dynamic

purchasing system. They may, however, group such notices on a

quarterly basis. In that case, they shall send the grouped notices

within thirty days of the end of each quarter.

(5) The information provided in accordance with Schedule 19

and intended for publication shall be published in accordance with

Schedule 10. Certain information on the contract award or the

conclusion of the framework agreement may be withheld from

publication where its release would impede law enforcement or

otherwise be contrary to the public interest or would prejudice the

legitimate commercial interests of a particular economic operator,

public or private, or might prejudice fair competition between

economic operators.

(6) In the case of contracts for research-and-development

services ("R & D services"), the information concerning the nature

and quantity of the services may be limited to

(a)

the indication "R & D services" where the contract

has been awarded by a negotiated procedure without a call for

competition in accordance with regulations 125(b), 126(b) and

127(b);

(b) information at least as detailed as was indicated in

the notice that was used as a means of calling for competition.

(7) Information provided in accordance with Schedule 12 and

marked as not being intended for publication shall be published only

in simplified form and in accordance with Schedule 10 for statistical

purposes.

(1) Notices referred to in regulations 63 to 65 are

obligatory only in respect to tenders with an estimated value which

meets or exceeds the threshold established under Schedule 5 and shall

include the information set out in Schedules 8 Part A and Part B, 11

and 12 in the format of standard forms, including standard forms for

corrigenda.

(2) Notices referred to in regulations 63 to 65 shall be drawn

up, transmitted by electronic means to the Publications Office of the

European Union and published in accordance with Schedule 10.

(3) Contracting entities shall be able to supply proof of the

dates on which notices are dispatched.

(4) The confirmation of the receipt of the notice and the

publication of the information sent by the Publications Office of the

European Union shall constitute proof of publication.

(5) Notices referred to in regulations 63 to 65 shall be

published in full in the official language(s) of the institutions of the

Union chosen by the contracting entity. That language version or

those language versions shall constitute the sole authentic text(s).

(6) Contracting entities may publish notices for works, supply

or service contracts that are not subject to the publication

requirements laid down in these regulations provided that those

notices are sent to the Publications Office of the European Union by

electronic means in accordance with the format and procedures for

transmission indicated in Schedule 10.

(1) Unless otherwise authorised by the Director, tenders Publication at

issued with an estimated value which falls under regulation 30(1)(b) national level.

shall be published through government’s e-procurement platform

Provided that if the contracting authority does not make

use of the government’s e-procurement platform it shall advertise the

tender on the Gazette.

(2) Notices referred to in regulations 63 to 65 and the

information contained therein shall not be published at national level

before the publication pursuant to regulation 66

Provided that, publication may in any event take place at

the national level where contracting entities have not been notified of

the publication within forty-eight hours after confirmation of the

receipt of the notice in accordance with regulation 66.

(3) Notices and advertisements published locally shall not

contain information other than that contained in the notices

dispatched to the Publications Office of the European Union or

published on a buyer profile, but shall indicate the date of dispatch of

the notice to the Publications Office of the European Union or its

publication on the buyer profile.

(4) Periodic indicative notices shall not be published on a

buyer profile before the dispatch to the Publications Office of the

European Union of the notice of their publication in that form. They

shall indicate the date of that dispatch.

(1) Contracting entities that intend to organise a design Contest notice.

contest with an estimated value which meets or exceeds the threshold

established under Schedule 5 shall call for competition by means of a

contest notice.

(2) Where contracting entities intend to award a subsequent

service contract pursuant to regulation 126(g), this shall be indicated

in the design contest notice.

(3) Contracting entities that have held a design contest shall

make the results known by means of a notice.

(4) The call for competition shall include the information set

out in Schedule 18 and the notice of the results of a design contest

shall include the information set out in Schedule 19 in the format of

standard forms.

(5) The notice of the results of a design contest shall be

forwarded to the Publication Office of the European union within

thirty days of the closure of the design contest.

(6) Where the release of information on the outcome of the

contest would impede law enforcement, would be contrary to the

public interest or would prejudice the legitimate commercial interests

of a particular economic operator, whether public or private, or might

prejudice fair competition between economic operators, such

information may be withheld from publication.

(7) The provisions of regulation 66 shall also apply to notices

relating to design contests.

(1) Before launching a procurement procedure,

contracting entities may conduct market consultations with a view to

preparing the procurement and informing economic operators of their

procurement plans and requirements.

(2) Subject to the provisions of these regulations, contracting

entities 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 procedure,

provided that such advice does not have the effect of distorting

competition and does not result in a violation of the principles of non-

discrimination and transparency.

Communications

(1) All communication and information exchanged

under these regulations, including electronic submission, shall be

performed using electronic means of communication in accordance

with the requirements of this regulation.

(2) The tools and devices to be used for communicating by

electronic means, as well as their technical characteristics, shall be

non-discriminatory, generally available and interoperable with the

ICT products in general use and shall not restrict economic operators’

access to the procurement procedure.

(3) Notwithstanding the provisions of sub-regulations (1) and

(2), contracting entities shall not be obliged to require electronic

means of communication in the submission process in the following

situations

(a)

due to the specialised nature of the procurement, the

use of electronic means of communication would require

specific tools, devices or file formats that are not generally

available or supported by generally available applications;

(b) the applications supporting file formats that are

suitable for the description of the tenders use file formats that

cannot be handled by any other open or generally available

applications or are under a proprietary licensing scheme and

cannot be made available for downloading or remote use by the

contracting authority;

(c)

the use of electronic means of communication would

require specialised office equipment that is not generally

available to contracting entities;

(d) the procurement documents require the submission

of physical or scale models which cannot be transmitted using

electronic means.

(4) In respect of communications for which electronic means

of communication are not used pursuant to sub-regulation (3),

communication shall be carried out by post or other suitable carrier or

by a combination of post or other suitable carrier and electronic

means.

(5) Contracting entities are not obliged to require electronic

means of communication in the submission process to the extent that

the use of means of communication other than electronic means is

necessary either because of a breach of security of the electronic

means of communications or for the protection of the particularly

sensitive nature of information requiring such a high level of

protection that it cannot be properly ensured by using electronic tools

and devices that are either generally available to economic operators

or can be made available to them by alternative means of access

within the meaning of sub-regulations (10) and (11).

(6) It shall be the responsibility of the contracting entities

requiring, in accordance with sub-regulation (3), means of

communication other than electronic means in the submission process

to indicate in the individual report referred to in regulation 172, as the

case may be, the reasons for this requirement. Where applicable,

contracting entities shall indicate in the individual report the reasons

why use of means of communication other than electronic means has

been considered necessary in application of sub-regulation (5).

(7) Oral communication may be used in respect of

communications other than those concerning the essential elements of

a procurement procedure, provided that the content of the oral

communication is documented to a sufficient degree. For this

purpose, the essential elements of a procurement procedure include

the procurement documents, requests for participation, confirmations

of interest and tenders. In particular, oral communications with

tenderers which could have a substantial impact on the content and

assessment of the tenders shall be documented to a sufficient extent

and by appropriate means, such as written or audio records or

summaries of the main elements of the communication.

(8) In all communication, exchange and storage of

information, contracting entities shall ensure that the integrity of data

and the confidentiality of tenders and requests to participate are

preserved. They shall examine the content of tenders and requests to

participate only after the time limit set for submitting them has

expired.

(9) For public works contracts and design contests the

contracting entities require the use of specific electronic tools, such as

of building information electronic modelling tools or similar. In such

cases the contracting entities shall offer alternative means of access,

as provided for in sub-regulations (10) and (11), until such time as

those tools become generally available within the meaning of sub-

regulation (2).

(10) Contracting entities may, where necessary, require the use

of tools and devices which are not generally available, provided that

the contracting entities offer alternative means of access.

(11) Contracting entities shall be deemed to offer suitable

alternative means of access in any of the following situations, where

they

(a)

offer unrestricted and full direct access free of

charge by electronic means to those tools and devices from the

date of publication of the notice in accordance with Schedule 10

or from the date when the invitation to confirm interest is sent.

The text of the notice or the invitation to confirm interest shall

specify the internet address at which those tools and devices are

accessible;

(b) ensure that tenderers having no access to the tools

and devices concerned, or no possibility of obtaining them

within the relevant time limits, provided that the lack of access

is not attributable to the tenderer concerned, may access the

procurement procedure through the use of provisional tokens

made available free of charge online; or

(c)

support an alternative channel for electronic

submission of tenders.

(12) In addition to the requirements set out in Schedule 7, the

following rules shall apply to tools and devices for the electronic

transmission and receipt of tenders and for the electronic receipt of

requests to participate

(a)

information on specifications for the electronic

submission of tenders and requests to participate, including

encryption and time-stamping, shall be available to interested

parties;

(b) contracting entities shall specify the level of security

required for the electronic means of communication in the

various stages of the specific procurement procedure; that level

shall be proportionate to the risks attached

Provided that the requirement established under this

paragraph shall be deemed to be satisfied when electronic

means of communications are carried out through government’s

e-procurement platform;

(c)

where a contracting entity acting within an overall

framework conclude that the level of risks, assessed under

paragraph (b), is such that advanced electronic signatures as

defined by Directive 1999/93/EC of the European Parliament

and of the Council are required, contracting entities shall accept

advanced electronic signatures supported by a qualified

certificate, taking into account whether those certificates are

provided by a certificate services provider, which is on a trusted

list provided for in Commission Decision 2009/767/EC, created

with or without a secure signature creation device, subject to

compliance with the following conditions

(i) the contracting entities shall establish the

required advanced signature format on the basis of formats

established in Commission Decision 2011/130/EU and

shall put in place necessary measures to be able to process

these formats technically; in case a different format of

electronic signature is used, the electronic signature or the

electronic document carrier shall include information on

existing validation possibilities. The validation

possibilities shall allow the contracting entity to validate

online, free of charge and in a way that is understandable

for non-native speakers, the received electronic signature

as an advanced electronic signature supported by a

qualified certificate;

(ii) where a tender is signed with the support of a

qualified certificate that is included on a trusted list, the

contracting authorities shall not apply additional

requirements that may hinder the use of those signatures

by tenderers.

(13) In respect of documents used in the context of a

procurement procedure that are signed by a competent authority or by

another issuing entity, the competent issuing authority or entity may

establish the required advanced signature format in accordance with

the requirements set out in Article 1(2) of Decision 2011/130/EU.

(14) For the purposes of sub-regulation (13), the competent

authority or entity shall put in place the necessary measures to be able

to process that format technically by including the information

required for the purpose of processing the signature in the document

concerned. Such documents shall contain in the electronic signature

or in the electronic document carrier information on existing

validation possibilities that allow the validation of the received

electronic signature online, free of charge and in a way that is

understandable for non-native speakers.

(1) On request from economic operators interested in

obtaining a contract, contracting entities shall make available the

technical specifications regularly referred to in their supply, works or

service contracts. Those specifications shall be made available by

electronic means through unrestricted and full direct access free of

charge.

(2) The technical specifications shall be transmitted by other

means, other than electronic means, where unrestricted and full direct

access free of charge by electronic means to certain procurement

documents cannot be offered for one of the reasons set out in

regulation 70(1) to (6) or where unrestricted and full direct access

free of charge by electronic means to certain procurement documents

cannot be offered because contracting entities intend to apply

regulation 62(3).

(3) Where the technical specifications are based on documents

available by electronic means through unrestricted and full direct

access free of charge to interested economic operators, the inclusion

of a reference to those documents shall be sufficient.

(1) Contracting entities shall by electronic means offer

unrestricted and full direct access free of charge to the procurement

documents, with an estimated value which falls under Schedule 5,

from the date of publication of a notice in accordance with regulation

66 or the date on which an invitation to confirm interest was sent.

(2) Where unrestricted and full direct access free of charge by

electronic means to certain procurement documents, with an

estimated value which falls under Schedule 5, cannot be offered for

one of the reasons set out in regulation 70(3), contracting entities may

indicate in the notice or the invitation to confirm interest that the

procurement documents concerned will be transmitted by other

means than electronic means.

(3) In the cases mentioned in sub-regulation (2) the time limit

for the submission of tenders shall be prolonged by five days, except

in cases of duly substantiated urgency referred to in regulation 91(3).

(4) With regard to tenders with an estimated value which falls

under Schedule 5 where unrestricted and full access free of charge by

electronic means to certain procurement documents cannot be offered

because contracting entities intend to apply regulation 62(3), they

shall indicate in the notice or the invitation to confirm interest or,

where the means of calling for competition is a notice on the

existence of a qualification system, in the procurement documents,

which measures aimed at protecting the confidential nature of the

information they require and how access can be obtained to the

documents concerned.

(5) In the cases mentioned in sub-regulation (4), the time limit

for the submission of tenders shall be prolonged by five days, except

in the cases of duly substantiated urgency referred to in regulation

91(3).

(1) In restricted procedures, competitive dialogue Invitations to

procedures, innovation partnerships and negotiated procedures with candidates.

prior call for competition, contracting entities shall simultaneously

and in writing invite the selected candidates to submit their tenders or,

to take part in the dialogue or to negotiate.

(2) The invitations referred to in sub-regulation (1) shall

include a reference to the electronic address on which the

procurement documents have been made directly available by

electronic means. The invitations shall be accompanied by the

procurement documents, where those documents have not been the

subject of unrestricted and full direct access, free of charge, for the

reasons set out in regulation 72(2) and (3) or 72(4) and (5) and have

not already been made otherwise available. In addition, the

invitations referred to in sub-regulation (1) shall include the

information set out in Schedule 13.

(1) Where the use of electronic means of Electronic

communication is required, contracting entities may require tenders catalogues.

to be presented in the format of an electronic catalogue or to include

an electronic catalogue.

(2) Tenders presented in the form of an electronic catalogue

may be accompanied by other documents, completing the tender.

(3) Electronic catalogues shall be established by the

candidates or tenderers with a view to participating in a given

procurement procedure in accordance with the technical

specifications and format established by the contracting entity.

(4) Electronic catalogues shall comply with the requirements

for electronic communication tools as well as with any additional

requirements set by the contracting entity in accordance with

regulation 70.

(5) Where the presentation of tenders in the form of electronic

catalogues is accepted or required, contracting entities shall

(a)

state so in the contract notice;

(b) indicate in the procurement documents all the

necessary information pursuant to regulation 70(12) concerning

the format, the electronic equipment used and the technical

connection arrangements and specifications for the catalogue.

(6) Where a framework agreement has been concluded with

more than one economic operator following the submission of tenders

in the form of electronic catalogues, contracting entities may provide

that the reopening of competition for specific contracts takes place on

the basis of updated catalogues. In such a case, contracting entities

shall use one of the following methods

(a)

invite tenderers to resubmit their electronic

catalogues, adapted to the requirements of the contract in

question; or

(b) notify tenderers that they intend to collect from the

electronic catalogues which have already been submitted the

information needed to constitute tenders adapted to the

requirements of the contract in question; provided that the use

of that method has been announced in the procurement

documents for the framework agreement.

(7) Where contracting entities reopen competition for specific

contracts in accordance with sub-regulation (6)(b), they shall notify

tenderers of the date and time at which they intend to collect the

information needed to constitute tenders adapted to the requirements

of the specific contract in question and shall give tenderers the

possibility to refuse such collection of information.

(8) Contracting entities shall allow for an adequate period

between the notification and the actual collection of information.

(9) Before awarding the contract, contracting entities shall

present the collected information to the tenderer concerned so as to

give it the opportunity to contest or confirm that the tender thus

constituted does not contain any material errors.

(10) Contracting entities may award contracts based on a

dynamic purchasing system by requiring that offers for a specific

contract are to be presented in the format of an electronic catalogue.

(11) Contracting entities may also award contracts based on a

dynamic purchasing system in accordance with the provisions of sub-

regulation (6)(b) and sub-regulations (7), (8) and (9) provided that the

request for participation in the dynamic purchasing system is

accompanied by an electronic catalogue in accordance with the

technical specifications and format established by the contracting

entity.

(12) For the purposes of sub-regulation (11), the catalogue shall

be completed subsequently by the candidates, when they are informed

of the contracting entity’s intention to constitute tenders by means of

the procedure set out in sub-regulation (6)(b).

Time Limits and Technical Specifications

(1) When fixing the time limits for requests to Setting time

participate and the receipt of tenders, contracting entities shall take limits.

particular account of the complexity of the contract and the time

required for drawing up tenders without prejudice to the minimum

time limits set out in regulations 90 to 123.

(2) Where tenders can be made only after a visit to the site or

after on-the-spot inspection of the documents supporting the

procurement documents, the time limits for the receipt of tenders,

which shall be longer than the minimum time limits set out in

regulations 90 to 123, shall be fixed so that all economic operators

concerned may be aware of all the information needed to produce

tenders.

(3) Contracting entities shall extend the time limits for the

receipt of tenders so that all economic operators concerned may be

aware of all the information needed to produce tenders in the

following cases

(a)

where, for whatever reason, additional information,

although requested by the economic operator in good time, is

not supplied at the latest six days before the time limit fixed for

the receipt of tenders. In the event of an accelerated open

procedure as referred to in regulation 91(3), that period shall be

four days;

(b) where significant changes are made to the

procurement documents.

(4) The length of the extension shall be proportionate to the

importance of the information or change.

(5) Where the additional information has either not been

requested in good time or its importance with a view to preparing

responsive tenders is insignificant, contracting entities shall not be

required to extend the time limits.

(6) Late tenders shall be disqualified from the process.

(1) The technical specifications as defined in regulation

2 shall be set out in the procurement documents. The technical

specification shall lay down the characteristics required of a works,

service or supply.

(2) Those characteristics may also refer to the specific process

or method of production or provision of the requested works, supplies

or services or to a specific process for another stage of its life cycle

even where such factors do not form part of their material substance

provided that they are linked to the subject-matter of the contract and

proportionate to its value and its objectives.

(3) The technical specifications may also specify whether the

transfer of intellectual property rights will be required.

(4) For all procurement which is intended for use by natural

persons, whether general public or staff of the contracting entity, the

technical specifications shall, except in duly justified cases, be drawn

up so as to take into account accessibility criteria for persons with

disabilities or design for all users.

(5) Where mandatory accessibility requirements are adopted

by a legal act of the Union, technical specifications shall, as far as

accessibility criteria for persons with disabilities or design for all

users are concerned, be defined by reference thereto.

(6) Technical specifications shall afford equal access of

economic operators to the procurement procedure and shall not have

the effect of creating unjustified obstacles to the opening up of public

procurement to competition.

(7) Without prejudice to mandatory technical rules, to the

extent that they are compatible with Union law, the technical

specifications shall be formulated in one of the following ways

(a)

in terms of performance or functional requirements,

including environmental characteristics, provided that the

parameters are sufficiently precise to allow tenderers to

determine the subject-matter of the contract and to allow

contracting entities to award the contract;

(b) by reference to technical specifications and, in order

of preference, to national standards transposing European

standards, European Technical Assessments, common technical

specifications, international standards, other technical reference

systems established by the European standardisation bodies or -

when any of those do not exist - national standards, national

technical approvals or national technical specifications relating

to the design, calculation and execution of the works and use of

the supplies; each reference shall be accompanied by the words

"or equivalent";

(c)

in terms of performance or functional requirements

as referred to in paragraph (a), with reference to the technical

specifications referred to paragraph (b) as a means of presuming

conformity with such performance or functional requirements;

(d) by reference to the technical specifications referred

to in paragraph (b) for certain characteristics, and by reference

to the performance or functional requirements referred to in

paragraph (a) for other characteristics.

(8) Unless justified by the subject-matter of the contract,

technical specifications shall not refer to a specific make or source, or

a particular process which characterises the products or services

provided by a specific economic operator, or to trade marks, patents,

types or a specific origin or production with the effect of favouring or

eliminating certain undertakings or certain products. Such reference

shall be permitted on an exceptional basis, where a sufficiently

precise and intelligible description of the subject-matter of the

contract pursuant to sub-regulation (7) is not possible. Such reference

shall be accompanied by the words "or equivalent".

(9) Where a contracting entity uses the option of referring to

the technical specifications referred to in sub-regulation (7)(b), it

shall not reject a tender on the grounds that the works, supplies or

services tendered for do not comply with the technical specifications

to which it has referred, once the tenderer proves in its tender by any

appropriate means, including the means of proof referred to in

regulation 78 that the solutions proposed satisfy in an equivalent

manner the requirements defined by the technical specifications.

(10) Where a contracting entity uses the option laid down in

sub-regulation (7) (a) to formulate technical specifications in terms of

performance or functional requirements, it shall not reject a tender for

works, supplies or services which comply with a national standard

transposing a European standard, a European technical approval, a

common technical specification, an international standard or a

technical reference system established by a European standardisation

body, where those specifications address the performance or

functional requirements which it has laid down.

(11) In its tender, the tenderer shall prove by any appropriate

means, including those referred to in regulation 78, that the work,

supply or service in compliance with the standard meets the

performance or functional requirements of the contracting entity.

(1) Where contracting entities intend to purchase works,

supplies or services with specific environmental, social or other

characteristics they may, in the technical specifications, the award

criteria or the contract performance conditions, require a specific

label as means of proof that the works, services or supplies

correspond to the required characteristics, provided that all of the

following conditions are fulfilled

(a)

the label requirements only concern criteria which

are linked to the subject-matter of the contract and are

appropriate to define characteristics of the works, supplies or

services that are the subject-matter of the contract;

(b) the label requirements are based on objectively

verifiable and non-discriminatory criteria;

(c)

the labels are established in an open and transparent

procedure in which all relevant stakeholders, including

government bodies, consumers, social partners, manufacturers,

distributors and non-governmental organisations may

participate;

(d)

the labels are accessible to all interested parties;

(e)

the label requirements are set by a third party over

which the economic operator applying for the label cannot

exercise a decisive influence.

(2) Where contracting entities do not require the works,

supplies or services to meet all of the label requirements, they shall

indicate which label requirements are referred to.

(3) Contracting entities requiring a specific label shall accept

all labels that confirm that the works, supplies or services meet

equivalent label requirements.

(4) Where an economic operator had demonstrably no

possibility of obtaining the specific label indicated by the contracting

entity or an equivalent label within the relevant time limits for

reasons that are not attributable to that economic operator, the

contracting entity shall accept other appropriate means of proof,

which may include a technical dossier from the manufacturer,

provided that the economic operator concerned proves that the works,

supplies or services to be provided by it fulfil the requirements of the

specific label or the specific requirements indicated by the

contracting entity.

(5) Where a label fulfils the conditions provided in sub-

regulation (1)(b), (c), (d) and (e) but also sets out requirements not

linked to the subject-matter of the contract, contracting entities shall

not require the label as such but may define the technical

specification by reference to those of the detailed specifications of

that label, or, where necessary, parts thereof, that are linked to the

subject-matter of the contract and are appropriate to define

characteristics of this subject-matter.

(1) Contracting entities may require that economic Test reports,

operators provide a test report from a conformity assessment body or certification

other means of

a certificate issued by such a body as means of proof of conformity proof.

with requirements or criteria set out in the technical specifications,

the award criteria or the contract performance conditions.

(2) Where contracting entities require the submission of

certificates drawn up by a specific conformity assessment body,

certificates from equivalent other conformity assessment bodies shall

also be accepted by the contracting entities.

(3) Contracting entities shall accept other appropriate means

of proof than those referred to in sub-regulations (1) and (2), such as a

technical dossier of the manufacturer where the economic operator

concerned had no access to the certificates or test reports referred to

in sub-regulations (1) and (2), or no possibility of obtaining them

within the relevant time limits, provided that the lack of access is not

attributable to the economic operator concerned and provided that the

economic operator concerned thereby proves that the works, supplies

or services provided by it meet the requirements or criteria set out in

the technical specifications, the award criteria or the contract

performance conditions.

The Tenderer

A tenderer can be either a natural or a legal person or a

public entity or group of such persons and/or entities.

Economic operators that, under the law of the Member

State in which they are established, are entitled to provide the relevant

service, shall not be rejected solely on the ground that, under the law

of Malta, they would be required to be either natural or legal persons

Provided that in the case of service and works contracts as

well as supply contracts covering in addition services or siting and

installation operations, legal persons may be required to indicate, in

the tender or the request to participate, the names and relevant

professional qualifications of the staff to be responsible for the

performance of the contract in question.

(1) Groups of economic operators, including temporary

associations, may participate in procurement procedures. They shall

not be required by contracting entities to have a specific legal form in

order to submit a tender or a request to participate.

(2) Where necessary, contracting entities may clarify in the

procurement documents how groups of economic operators are to

meet the requirements as to economic and financial standing or

technical and professional ability referred to in regulations 164 to 169

provided that this is justified by objective reasons and is

proportionate.

(3) Any conditions for the performance of a contract by such

groups of economic operators, which are different from those

imposed on individual participants, shall also be justified by objective

reasons and shall be proportionate.

(4) Contracting entities may require groups of economic

operators to assume a specific legal form once they have been

awarded the contract, to the extent that such a change is necessary for

the satisfactory performance of the contract.

(1) Where a candidate or tenderer or an undertaking

related to a candidate or tenderer has advised the contracting entity,

whether in the context of regulation 69 or not, or has otherwise been

involved in the preparation of the procurement procedure, the

contracting entity shall take appropriate measures to ensure that

competition is not distorted by the participation of that candidate or

tenderer.

(2) Such measures shall include the communication to the

other candidates and tenderers of relevant information exchanged in

the context of or resulting from the involvement of the candidate or

tenderer in the preparation of the procurement procedure and the

fixing of adequate time limits for the receipt of tenders. The candidate

or tenderer concerned shall only be excluded from the procedure

where there are no other means to ensure compliance with the duty to

observe the principle of equal treatment.

(3) Prior to any such exclusion, candidates or tenderers shall

be given the opportunity to prove that their involvement in preparing

the procurement procedure is not capable of distorting competition.

The measures taken shall be documented in the individual report

required by the provisions of Part III or regulation 172, as the case

may be.

(1) In the procurement documents, the contracting Subcontracting.

entity may ask the tenderer to indicate in its tender any share of the

contract it may intend to subcontract to third parties and any proposed

subcontractors.

(2) The tenderer as the main contractor is liable for all acts or

omissions carried out by his subcontractors.

(3) In the case of works contracts and in respect of services to

be provided at a facility under the direct oversight of the contracting

entity, after the award of the contract and at the latest when the

performance of the contract commences, the contracting entity shall

require the main contractor to indicate to the contracting entity the

name, contact details and legal representatives of its subcontractors,

involved in such works or services, in so far as known at this point in

time. The contracting entity shall require the main contractor to notify

the contracting entity of any changes to this information during the

course of the contract as well as of the required information for any

new subcontractors which it subsequently involves in such works or

services

Provided that this sub regulation does not apply to

suppliers.

(4) Where necessary the required information shall be

accompanied by the subcontractors’ self-declarations as referred to in

regulation 71(4).

(5) Contracting entities may extend the obligations provided

for in sub-regulation (3) to

(a)

supply contracts, services contracts (other than those

concerning services to be provided at the facilities under the

direct oversight of the contracting authority) or suppliers

involved in works or services contracts;

(b) sub-contractors of the main contractor’s sub-

contractors or further down the subcontracting chain.

(6) Sub-contractors are to observe the obligations established

under regulation 34(m) during the execution of the contracts.

(7) The contracting authority shall have the right to suspend

payments and, or even opt to dissolve the contract if the main

contractor fails to abide by his obligations under this regulation.

The Chosen Bid

(1) For the purpose of selecting participants in their

procurement procedures, the following rules shall all apply

(a)

contracting entities having provided rules and

criteria for the exclusion of tenderers or candidates in

accordance with regulation 164 or regulation 165(1) shall

exclude economic operators identified in accordance with such

rules and fulfilling such criteria;

(b) they shall select tenderers and candidates in

accordance with the objective rules and criteria laid down

pursuant to regulations 164 and 165;

(c)

in restricted procedures, in negotiated procedures

with a call for competition, in competitive dialogues and in

innovation partnerships, with an estimated value which falls

under regulation 30(b) they shall where appropriate reduce in

accordance with regulation 165(2) the number of candidates

selected pursuant to paragraph (a) and (b).

(2) When selecting participants for a restricted or negotiated

procedure, a competitive dialogue or an innovation partnership, in

reaching their decision as to qualification or when the criteria and

rules are being updated, contracting entities shall not

(a)

impose

administrative,

technical

or

financial

conditions on certain economic operators which would not be

imposed on others;

(b) require tests or evidence which would duplicate

objective evidence already available.

(1) Without prejudice to Part VI and regulation 168(6), Valid bid.

a contracting authority must ensure that an economic operator must

ab initio be eligible to qualify for a tender and must consequently be

in possession of all the requirements stipulated in the procurement

documents by the closing date for the submission of the same.

(2) Where information or documentation to be submitted by

economic operators is or appears to be incomplete or erroneous or

where specific documents are missing, contracting authorities may

request the economic operators concerned to submit, supplement,

clarify or complete the relevant information or documentation within

an appropriate time limit

Provided that such requests are made in full compliance

with the principles of equal treatment and transparency.

(3) The financial bid cannot be changed with the exception of

the correction of evident arithmetic errors as may be allowed in the

procurement document.

(4) Contracting entities shall verify that the tenders submitted

by the selected tenderers comply with the rules and requirements

applicable to tenders and award the contract on the basis of the

criteria laid down in regulations 170 and 174 taking into account the

provisions of regulation 175.

Part II

Boards, Committees and Tribunals

Regulations 64 to 99 of the Public Procurement Applicability of

Regulations, 2016, shall mutatis mutandis apply to these regulations. the

Procurement

Regulations,

2016. Part III

Rules applicable to Departmental Tenders

(1) Regulations 100 and 102 to 113 of the Public Applicability of

Procurement Regulations, 2016, shall mutatis mutandis apply to these the

Procurement

regulations.

Regulations,

2016. (2) For the purposes of these regulations, the negotiated

procedure with prior publication shall also not be available for

departmental tenders.

Where the estimated value meets or exceeds ten thousand

euro (€10,000) but does not exceed the threshold established under

regulation 30(1)(a), the equipment, stores, works or services may be

procured after a departmental call for tenders.

Part IV

Types of Procurement Procedures

Contracts may be awarded using the open procedure, the

restricted procedure, the negotiated procedure with prior call for

competition, competitive dialogue, the negotiated procedure without

prior call for competition and design contests.

In open procedures, any interested economic operator may

submit a tender in response to a call for competition.

91.(1) (a) A call for competition with an estimated value

which falls under the threshold established under regulation 30(b)

shall have a minimum time limit for the receipt of tenders which shall

be thirty-five days from the date of publication.

(b) When the estimated value of a call for tenders meets

or exceeds the value in Schedule 5, this call shall be made by means

of a contract notice and the time limit mentioned paragraph (a) shall

start to run from the date on which the contract notice was sent to the

Publications Office of the European Union.

(c) The tender shall be accompanied by the information

for qualitative selection that is requested by the contracting entity.

(2) Where contracting entities have published a periodic

indicative notice the minimum time limit for the receipt of tenders, as

laid down in the sub-regulation (1)(a), may be shortened to fifteen

days, provided that all of the following conditions are fulfilled

(a)

the prior information notice included, in addition to

the information required for the contract notice in section I of

Part A of Schedule 8, all the information required by section II

of Part A of Schedule 8, in so far as that information was

available at the time the prior information notice was published;

(b) the prior information notice was sent for publication

between thirty-five days and twelve months before the date on

which the contract notice was sent.

(3) Where a state of urgency duly substantiated renders

impracticable the time limit laid down in sub-regulation (1)(a), the

contracting entity, upon approval of the Director, may fix a time limit

which shall be not less than fifteen days from the date on which the

contract notice was sent to the Publications Office of the European

Union.

(4) The contracting entity may reduce by five days the time

limit for receipt of tenders set out in sub-regulation (1)(a) where it

accepts that tenders may be submitted by electronic means in

accordance with regulation 70(9) to (14).

(5) In the case of a contract with an estimated value which is

less than the threshold established under regulation 30(1)(a0, the

minimum time limit for the receipt of tenders shall be twenty days

from the date on which the tender has been published

Provided that this time limit can be reduced to fifteen days

in cases of extreme urgency with the prior approval of the head of the

contracting entity.

(1) (a) Sejħa għal kompetizzjoni b’valur stmat li jaqa’

taħt il-limitu stabbilit taħt ir-regolament 30(b) għandu jkollha limitu

ta’ żmien minimu għar-riċevuta ta’ offerti li għandu jkun ta’ ħamsa u

tletin jum mid-data tal-pubblikazzjoni.

(b) Meta l-valur stmat ta’ sejħa għal offerta jilħaq

jew jaqbeż il-valur imsemmi fl-Iskeda 5, din is-sejħa għandha ssir

permezz ta’ avviż ta’ kuntratt u l-limitu ta’ żmien imsemmi fil-

paragrafu (a) għandu jibda’ jiddekorri mid-data ta’ meta l-avviż ta’

kuntratt ikun intbagħat lill-Uffiċċju tal-Pubblikazzjonijiet tal-Unjoni

Ewropea.

(ċ) L-offerta għandha tkun akkumpanjata mill-

informazzjoni għall-għażla kwalitattiva li tkun mitluba mill-entità

kontraenti.

(2) Meta l-entitajiet kontraenti jkunu ppubblikaw avviż

perjodiku indikattiv, il-limitu ta’ żmien minimu għar-riċevuta ta’

offerti, kif stabbilit fis-subregolament (1)(a), jista’ jitqassar għal

ħmistax-il ġurnata, sakemm il-kundizzjonijiet kollha li ġejjin jiġu

sodisfatti

(a)

l-avviż informattiv minn qabel inkluż, minbarra l-

informazzjoni meħtieġa għal avviż ta’ kuntratt fis-Sezzjoni I tat-

Taqsima A tal-Iskeda 8, l-informazzjoni kollha meħtieġa mis-

Sezzjoni II tat-Taqsima A tal-Iskeda 8, sa fejn din l-

informazzjoni msemmija l-aħħar kienet disponibbli fiż-żmien

meta ġie ppubblikat l-avviż minn qabel indikattiv;

(b) l-avviż informattiv minn qabel intbagħat għal

pubblikazzjoni bejn ħamsa u tletin ġurnata u tnax-il xahar qabel

id-data li fiha ntbagħat l-avviż ta’ kuntratt.

(3) Fejn stat ta’ urġenza ssostanzjat debitament mill-entità

kontraenti jrendi bħala imprattikabbli l-limitu ta’ żmien stabbilit fis-

subregolament (1)(a), din tista’, bl-approvazzjoni tad-Direttur,

tistabbilixxi limitu ta’ żmien li ma għandux ikun inqas minn ħmistax-il

jum mid-data li fiha ntbagħat l-avviż ta’ kuntratt lill-Uffiċċju tal-

Pubblikazzjonijiet tal-Unjoni Ewropea.

(4) L-entità kontraenti tista’ tnaqqas b’ħamest ijiem il-limitu ta’

żmien għar-riċevuta ta’ offerti stabbiliti fis-subregolament (1)(a) meta

hi taċċetta li l-offerti jistgħu jiġu ppreżentati b’mezzi elettroniċi skont

ir-regolament 70(9) sa (14).

(5) Fil-każ ta’ kuntratt b’valur stmat li jkun anqas mil-limitu

stabbilit taħt ir-regolament 30(1)(a), il-limitu minimu ta’ żmien għar-

riċevuta ta’ offerti għandu jkun ta’ għoxrin ġurnata mid-data li fiha

ġiet ippubblikata l-offerta

Iżda dan il-limitu ta’ żmien jista’ jitnaqqas għal ħmistax-il

ġurnata f’każijiet ta’ urġenza estrema bl-approvazzjoni minn qabel

tal-kap tal-entità kontraenti.

In open procedures, contracting entities may decide to Examination of

examine tenders before verifying the suitability of tenderers, provided tenders

procedures.

that the relevant provisions of regulations 84, 85, 164 to 171 and 174

are observed, including the rule that the contract shall not be awarded

to a tenderer who should have been excluded pursuant to regulation

164 or who does not meet the selection criteria set out by the

contracting entity in accordance with regulations 165(1) and 164.

Restricted Procedure

In restricted procedures, any economic operator may Request to

submit a request to participate in response to a call for competition by participate

restricted

providing the information for qualitative selection that is requested by procedures.

the contracting entity.

(1) The minimum time limit for the receipt of requests Time limit for

to participate shall, as a general rule, be fixed at no less than thirty the

requests.

days from the invitation to confirm interest was sent and shall in any

event not be less than fifteen days as the case may be.

(2) Where the estimated value of the restricted procedure

meets or exceeds the values established under Schedule 5, the time

limit established in sub-regulation (1) shall start to run from the date

when the contract notice is sent to the Publication Office of the

European Union.

Only those economic operators invited to do so by the Eligible

contracting entity following its assessment of the information economic

operators.

provided may submit a tender. Contracting entities may limit the

number of suitable candidates to be invited to participate in the

procedure in accordance with regulation 165(2).

The minimum time limit for the receipt of tenders shall at

least be ten days from the date on which the invitation to tender was

sent.

(1) Where the estimated value of a call for competition

meets or exceeds the threshold established under regulation 30(1)(b),

a contracting authority may after obtaining the prior approval of the

Director issue a negotiated procedure with a prior call for

competition.

(2) In granting his approval the Director may impose any

condition he may deem fit to impose.

In negotiated procedures with prior call for competition,

any economic operator may submit a request to participate in

response to a call for competition by providing the information for

qualitative selection that is requested by the contracting entity.

The minimum time limit for the receipt of requests to

participate shall, as a general rule, be fixed at no less than thirty days

from the date on which the contract notice was sent in case of tenders

with an estimated value which meet or exceed the values in Schedule

5, or from the publication of the procurement document and shall in

any event not be less than fifteen days.

Only those economic operators invited by the contracting

entity following its assessment of the information provided may

participate in the negotiations. Contracting entities may limit the

number of suitable candidates to be invited to participate in the

procedure in accordance with regulation 165(2).

The time limit for the call for tenders shall at least ten

days from the date on which the invitation to tender was sent.

(1) Upon being requested by the contracting entity the

Director may, subject to any conditions he may deem appropriate to

impose, approve in writing the use of the innovation partnership

procedure. The Director may impose any condition he may deem

necessary for the correct execution of this procedure.

(2) The request mentioned must be supported by documents

demonstrating that the need of the contracting entity cannot be met by

purchasing products, services or works already available on the

market.

In an innovation partnership procedure, any economic

operator may submit a request to participate in response to a contract

notice for tenders with an estimated value which meets or exceeds the

value under Schedule 5 or a call for competition, as the case may be,

by providing the information for qualitative selection that is requested

by the contracting entity.

In the procurement documents, the contracting entity shall Content of the

identify the need for an innovative product, service or works that procurement

document.

cannot be met by purchasing products, services or works already

available on the market. It shall indicate which elements of this

description define the minimum requirements to be met by all

tenders. The information provided shall be sufficiently precise to

enable economic operators to identify the nature and scope of the

required solution and decide whether to request to participate in the

procedure.

The contracting entity may decide to set up the innovation Number of

partnership with one partner or with several partners conducting partners.

separate research and development activities.

(1) The minimum time limit for receipt of requests to Time limit for

participate shall be thirty days from the publication of the call for receipt

requests.

competition. Only those economic operators invited by the

contracting entity following the assessment of the information

provided may participate in the procedure. Contracting entities may

limit the number of suitable candidates to be invited to participate in

the procedure in accordance with regulation 165(2). The contracts

shall be awarded on the sole basis of the award criterion of the best

(2) Where the estimated value of the innovation partnership

meets or exceeds the values established under Schedule 5 the time

limit established in sub-regulation (1) shall start to run from the date

when the contract notice is sent to the Publication Office of the

European Union.

The innovation partnership shall aim at the development Aim.

of an innovative product, service or works and the subsequent

purchase of the resulting supplies, services or works, provided that

they correspond to the performance levels and maximum costs agreed

between the contracting entities and the participants.

The innovation partnership shall be structured in Structure.

successive phases following the sequence of steps in the research and

innovation process, which may include the manufacturing of the

products, the provision of the services or the completion of the works.

The innovation partnership shall set intermediate targets to be

attained by the partners and provide for payment of the remuneration

in appropriate instalments.

Based on those targets, the contracting entity may decide

after each phase to terminate the innovation partnership or, in the case

of an innovation partnership with several partners, to reduce the

number of partners by terminating individual contracts, provided that

the contracting entity has indicated in the procurement documents

those possibilities and the conditions for their use.

(1) Unless otherwise provided for in this regulation,

contracting entities shall negotiate with tenderers the initial and all

subsequent tenders submitted by them, except for the final tender, to

improve the content thereof.

(2) The minimum requirements and the award criteria shall not

be subject to negotiations.

(3) During the negotiations, contracting entities shall ensure

the equal treatment of all tenderers. To that end, they shall not provide

information in a discriminatory manner which may give some

tenderers an advantage over others. They shall inform all tenderers

whose tenders have not been eliminated, pursuant to sub-regulation

(5), in writing of any changes to the technical specifications or other

procurement documents other than those setting out the minimum

requirements. Following those changes, contracting entities shall

provide sufficient time for tenderers to modify and re-submit

amended tenders, as appropriate.

(4) In accordance with regulation 62, contracting entities shall

not reveal to the other participants confidential information

communicated by a candidate or tenderer participating in the

negotiations without its agreement. Such agreement shall not take the

form of a general waiver but shall be given with reference to the

intended communication of specific information.

(5) Negotiations during innovation partnership procedures

may take place in successive stages in order to reduce the number of

tenders to be negotiated by applying the award criteria specified in

the contract notice, in the invitation to confirm interest or in the

procurement documents. In the contract notice, the invitation to

confirm interest or in the procurement documents, the contracting

entity shall indicate whether it will use that option.

(1) In selecting candidates, contracting entities shall in

particular apply criteria concerning the candidates’ capacity in the

field of research and development and of developing and

implementing innovative solutions.

(2) Only those economic operators invited by the contracting

entity following its assessment of the requested information may

submit research and innovation projects aimed at meeting the needs

identified by the contracting entity that cannot be met by existing

solutions.

In the procurement documents, the contracting entity shall Intellectual

define the arrangements applicable to intellectual property rights. In property rights.

the case of an innovation partnership with several partners, the

contracting entity shall not, in accordance with regulation 62, reveal

to the other partners solutions proposed or other confidential

information communicated by a partner in the framework of the

partnership without that partner’s agreement. Such agreement shall

not take the form of a general waiver but shall be given with reference

to the intended communication of specific information.

The contracting entity shall ensure that the structure of the Execution.

partnership and, in particular, the duration and value of the different

phases reflect the degree of innovation of the proposed solution and

the sequence of the research and innovation activities required for the

development of an innovative solution not yet available on the

market. The estimated value of supplies, services or works shall not

be disproportionate in relation to the investment required for their

development.

Upon being requested by the contracting authority, the Competitive

Director may, subject to any conditions he may deem appropriate to dialogue.

impose, approve in writing the use of the competitive dialogue.

Any economic operator may submit a request to Request to

participate in response to either a contract notice in respect to tenders participate.

with an estimated value which meets or exceeds the threshold in

Schedule 5 or a call for competition, as the case may be, by providing

the information for qualitative selection that is requested by the

contracting entity.

The minimum time limit for receipt of requests to Time limit.

participate shall be thirty days from the date on which the contract

notice was sent or from when the call for competition was published

as the case may be.

Only those economic operators invited by the contracting Participation.

entity following the assessment of the information provided may

participate in the dialogue. Contracting entities may limit the number

of suitable candidates to be invited to participate in the procedure in

accordance with regulation 165(2). The contract shall be awarded on

the sole basis of the award criterion of the best price-quality ratio in

accordance with regulation 170(2).

Contracting entities shall set out their needs and

requirements in the contract notice and they shall define these needs

and requirements in that notice and, or in a descriptive document. At

the same time and in the same documents, they shall also set out and

define the chosen award criteria and set out an indicative time-frame.

(1) Contracting entities shall open, with the participants

selected in accordance with the relevant provisions of regulations 84,

85, 92 and 164 to 169, a dialogue the aim of which shall be to identify

and define the means best suited to satisfying their needs. They may

discuss all aspects of the procurement with the chosen participants

during this dialogue.

(2) During the dialogue, contracting entities shall ensure

equality of treatment among all participants. To that end, they shall

not provide information in a discriminatory manner which may give

some participants an advantage over others.

(3) Subject to the provisions of regulation 62, contracting

entities shall not reveal to the other participants solutions proposed or

other confidential information communicated by a candidate or

tenderer participating in the dialogue without its agreement. Such

agreement shall not take the form of a general waiver but shall be

given with reference to the intended communication of specific

information.

(4) Competitive dialogues may take place in successive stages

in order to reduce the number of solutions to be discussed during the

dialogue stage by applying the award criteria laid down in the

contract notice or in the descriptive document. In the contract notice

or the descriptive document, the contracting entity shall indicate

whether it will use that option.

(5) The contracting entity shall continue the dialogue until it

can identify the solution or solutions which are capable of meeting its

needs.

(6) Having declared that the dialogue is concluded and having

so informed the remaining participants, contracting entities shall ask

each of them to submit their final tenders on the basis of the solution

or solutions presented and specified during the dialogue. Those

tenders shall contain all the elements required and necessary for the

performance of the project.

Those tenders may be clarified, specified and optimised at

the request of the contracting entity. However, such clarification,

specification, optimisation or additional information may not involve

changes to the essential aspects of the tender or of the public

procurement, including the needs and requirements set out in the

contract notice or in the descriptive document, where variations to

those aspects, needs and requirements are likely to distort competition

or have a discriminatory effect.

Contracting entities shall assess the tenders received on Assessment.

the basis of the award criteria laid down in the contract notice or in

the descriptive document.

At the request of the contracting entity, negotiations with Negotiations.

the tenderer identified as having submitted the tender presenting the

best price-quality ratio in accordance with regulation 170(2) may be

carried out to confirm financial commitments or other terms

contained in the tender by finalising the terms of the contract

provided this does not have the effect of materially modifying

essential aspects of the tender or of the public procurement, including

the needs and requirements set out in the contract notice or in the

descriptive document and does not risk distorting competition or

causing discrimination.

Contracting entities may specify prizes or payments to the Prizes or

payments.

participants in the dialogue.

Negotiated procedure without prior publication

(1) Upon being requested in writing by the contracting Use of the

entity, the Director may, subject to any conditions he may deem negotiated

procedure

appropriate to impose, approve the use of the negotiated procedure without

publication.

without prior publication for public works contracts, public supply

contracts and public service contracts as specified in the following

regulations.

(2) The request made by the contracting authority must duly

substantiate the need for the negotiated procedure.

(3) The Director shall not allow the use of this procedure in

any other cases than those referred to under this Part.

The negotiated procedure without prior publication may Public works

contracts.

be used for public works contracts in the following instances

(a)

where no tenders or no suitable tenders or no

requests to participate or no suitable requests to participate have

been submitted in response to a procedure with a prior call for

competition, provided that the initial conditions of the contract

are not substantially altered;

(b)

where a contract is purely for the purpose of

research, experiment, study or development, and not for the

purpose of securing a profit or of recovering research and

development costs, and insofar as the award of such contract

does not prejudice the competitive award of subsequent

contracts which do seek, in particular, those ends;

(c)

where the works, can be supplied only by a

particular economic operator for any of the following reasons

(i) the aim of the procurement is the creation or

acquisition of a unique work of art or artistic performance;

(ii

competition is absent for technical reasons;

(iii) the protection of exclusive rights, including

intellectual property rights

Provided that the exceptions set out in sub-

paragraphs (ii) and (iii) shall only apply when no reasonable

alternative or substitute exists and the absence of competition is

not the result of an artificial narrowing down of the parameters

of the procurement;

(d) in so far as is strictly necessary where, for reasons of

extreme urgency brought about by events unforeseeable by the

contracting entity, the time limits laid down for open

procedures, restricted procedures and negotiated procedures

with prior call for competition cannot be complied with. The

circumstances invoked to justify extreme urgency shall not in

any event be attributable to the contracting entity;

(e)

for new works consisting in the repetition of similar

work assigned to the contractor to which the same contracting

entities awarded an earlier contract, provided that such works or

services conform to a basic project for which a first contract was

awarded according to a procedure in a manner provided for

under these regulations

Provided that the basic project shall indicate the extent of

possible additional works or services and the conditions under which

they will be awarded. 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 entities when they apply regulations

30, 42 and Schedule 5.

The negotiated procedure without prior publication may

be used for public service contracts in the following instances

(a)

where no tenders or no suitable tenders or no

requests to participate or no suitable requests to participate have

been submitted in response to a procedure with a prior call for

competition, provided that the initial conditions of the contract

are not substantially altered;

(b) where a contract is purely for the purpose of

research, experiment, study or development, and not for the

purpose of securing a profit or of recovering research and

development costs, and insofar as the award of such contract

does not prejudice the competitive award of subsequent

contracts which do seek, in particular, those ends;

(c)

where the services can be supplied only by a

particular economic operator for any of the following reasons

(i) the aim of the procurement is the creation or

acquisition of a unique work of art or artistic performance;

(ii) competition is absent for technical reasons;

(iii) the protection of exclusive rights, including

intellectual property rights

Provided that the exceptions set out in sub-

paragraphs (ii) and (iii) shall only apply when no reasonable

alternative or substitute exists and the absence of competition is

not the result of an artificial narrowing down of the parameters

of the procurement;

(d) in so far as is strictly necessary where, for reasons of

extreme urgency brought about by events unforeseeable by the

contracting entity, the time limits laid down for open

procedures, restricted procedures and negotiated procedures

with prior call for competition cannot be complied with. The

circumstances invoked to justify extreme urgency shall not in

any event be attributable to the contracting entity;

(e)

for new services consisting in the repetition of

services assigned to the contractor to which the same

contracting entities awarded an earlier contract, provided that

such works or services conform to a basic project for which a

first contract was awarded according to a procedure in a manner

provided for under these regulations

Provided that the basic project shall indicate the

extent of possible additional works or services and the

conditions under which they will be awarded. 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 entities when they apply regulations 30, 42

and Schedule 5;

(f)

for purchases of services under particularly

advantageous conditions from either a supplier which is

definitively winding up its business activities or the liquidator

in an insolvency procedure, an arrangement with creditors or a

similar procedure under national laws or regulations;

(g) where the service contract concerned follows a

design contest organised in accordance with these regulations

and is to be awarded, under the rules provided for in the design

contest, to the winner or to one of the winners of that contest; in

the latter case, all the winners shall be invited to participate in

the negotiations.

The negotiated procedure without prior publication may

be used for public supply contracts in the following instances

(a)

where no tenders or no suitable tenders or no

requests to participate or no suitable requests to participate have

been submitted in response to a procedure with a prior call for

competition, provided that the initial conditions of the contract

are not substantially altered;

(b) where a contract is purely for the purpose of

research, experiment, study or development, and not for the

purpose of securing a profit or of recovering research and

development costs, and insofar as the award of such contract

does not prejudice the competitive award of subsequent

contracts which do seek, in particular, those ends;

(c)

where the supplies can be supplied only by a

particular economic operator for any of the following reasons

(i) the aim of the procurement is the creation or

acquisition of a unique work of art or artistic performance;

(ii)

competition is absent for technical reasons;

(iii) the protection of exclusive rights, including

intellectual property rights

Provided that the exceptions set out in sub-

paragraphs (ii) and (iii) shall only apply when no reasonable

alternative or substitute exists and the absence of competition is

not the result of an artificial narrowing down of the parameters

of the procurement;

(d) in so far as is strictly necessary where, for reasons of

extreme urgency brought about by events unforeseeable by the

contracting entity, the time limits laid down for open

procedures, restricted procedures and negotiated procedures

with prior call for competition cannot be complied with. The

circumstances invoked to justify extreme urgency shall not in

any event be attributable to the contracting entity;

(e)

in the case of supply contracts for additional

deliveries by the original supplier which are intended either as a

partial replacement of supplies or installations or as the

extension of existing supplies or installations, where a change

of supplier would oblige the contracting entity to acquire

supplies having different technical characteristics which would

result in incompatibility or disproportionate technical

difficulties in operation and maintenance;

(f)

for supplies quoted and purchased on a commodity

market;

(g) for bargain purchases, where it is possible to procure

supplies by taking advantage of a particularly advantageous

opportunity available for a very short time at a price

considerably lower than normal market prices;

(h) for purchases of supplies under particularly

advantageous conditions from either a supplier which is

definitively winding up its business activities or the liquidator

in an insolvency procedure, an arrangement with creditors or a

similar procedure under national laws or regulations.

For the purposes of this Part a tender shall be considered Tender

not to be suitable where it is irrelevant to the contract, being considered

to be suitable.

manifestly incapable, without substantial changes, of meeting the

contracting entity’s needs and requirements as specified in the

procurement documents. A request for participation shall be

considered not to be suitable where the economic operator concerned

is to be or may be excluded pursuant to regulations 165(1) or 164, or

does not meet the selection criteria laid down by the contracting

entity pursuant to regulations 164, 166 or 165.

Design Contests

This Part applies to design contests organised as part of a

procurement procedure for a service contract,

(1) When organising design contests, contracting

entities shall apply procedures which are adapted to regulations 2 to

32, 34, 35, 43 to 55, 61, 62, 68, 70, 80, 81 and 129 to 133 and Part IX.

(2) The admission of participants to design contests shall not

be limited

(a)

by reference to the territory or part of the territory of

a Member State;

(b) on the grounds that, they would be required to be

either natural or legal persons.

(3) Where design contests are restricted to a limited number of

participants, the contracting entities shall lay down clear and non-

discriminatory selection criteria. In any event, the number of

candidates invited to participate shall be sufficient to ensure genuine

competition.

The jury shall be composed exclusively of natural persons

who are independent of participants in the contest. Where a particular

professional qualification is required from participants in a contest, at

least a third of the members of the jury shall have that qualification or

an equivalent qualification.

(1)

The jury shall be autonomous in its decisions or

opinions.

(2) The jury shall examine the plans and projects submitted by

the candidates anonymously and solely on the basis of the criteria

indicated in the contest notice.

(3) The jury shall record its ranking of projects in a report,

signed by its members, made according to the merits of each project,

together with its remarks and any points that may need clarification.

(4) Anonymity shall be observed until the jury has reached its

opinion or decision.

(5) Candidates may be invited, if need be, to answer questions

that the jury has recorded in the minutes to clarify any aspect of the

projects.

(6) Complete minutes shall be drawn up of the dialogue

between jury members and candidates.

Reserved Contracts and Contracts For Social

and Other Specific Services

(1) Contracting entities may reserve the right to Reserved

participate in public procurement procedures to sheltered workshops contracts.

and economic operators whose main aim is the social and

professional integration of disabled or disadvantaged persons or may

provide for such contracts to be performed in the context of sheltered

employment programmes, provided that at least thirty per cent of the

employees of those workshops, economic operators or programmes

are disabled or disadvantaged workers.

(2) The call for competition shall make reference to this

regulation.

Contracts for social and other specific services listed in Contracts for

social and other

Schedule 16 shall be awarded in accordance with this Part.

specific

services.

(1) Contracting entities intending to award a public Publication of

contract for the services referred to in regulation 134 shall make notices.

known their intention by the following means

(a)

for public contracts with an estimated value which

meets or exceeds the threshold established under paragraph (c)

of Schedule 5

(i)

by means of a contract notice; or

(ii) by means of a periodic indicative notice,

which shall be published continuously. The periodic

indicative notice shall refer specifically to the types of

services that will be the subject of the contracts to be

awarded. It shall indicate that the contracts will be awarded

without further publication and invite interested economic

operators to express their interest in writing; or

(b) for public contracts with an estimated value which is

less than the threshold mentioned under paragraph (c) of

Schedule 5 by publishing it in the government e-procurement

system

Provided that this paragraph shall not apply where a

negotiated procedure without prior publication could have been

used in conformity with regulation 126 for the award of a public

service contract.

In respect to public contracts with an estimated value

which meets or exceed the threshold established under paragraph (c)

of Schedule 5, contracting entities that have awarded a contract for

the services referred to in regulation 134 shall make known the results

by means of contract award notice. They may, however, group such

notices on a quarterly basis. In that case, they shall send the grouped

notices within thirty days of the end of each quarter.

(1) The notices referred to in under this Part shall

contain the information referred to in Schedule 17, respectively in

parts A, B, C or D, in accordance with the standard model notices.

The Commission shall establish the standard forms by means of

implementing acts.

(2) The notices referred to under this Part shall be published in

accordance with regulation 66.

(1) Contracting entities shall determine in the respective

procurement documents the procedures that they are going to be

applied in connection with the award of a call for tenders subject to

what is stated in regulations covered by this Part.

(2) Contracting entities shall ensure that the procedures

mentioned in sub-regulation (1) adequately cater for the principles of

transparency and equal treatment of economic operators.

(1) Contracting entities may take into account the need

to ensure quality, continuity, accessibility, affordability, availability

and comprehensiveness of the services, the specific needs of different

categories of users, including disadvantaged and vulnerable groups,

the involvement and empowerment of users and innovation.

(2) Contracting entities shall ensure that the procedures

identified in sub-regulation (1) shall be reasonable and proportionate,

in particular, the time limits allowed for the submission of the offer

shall be sufficient to allow bidders to submit an offer.

(3) In establishing the procedures mentioned under this Part

contracting entities may, subject to what is stated in the regulations

established under this Part, also decide to apply the regulations

established for other procurement procedures.

(4) Contracting entities may also provide that the choice of the

service provider shall be made on the basis of the tender presenting

the best price-quality ratio, taking into account quality and

sustainability criteria for social services.

(1) Contracting entities may reserve the right for Reserved

organisations to participate in procedures for the award of public contracts

certain services.

contracts exclusively for those health, social and cultural services

referred to in regulation 134, which are covered by CPV codes

75121000-0, 75122000-7, 75123000-4, 79622000-0, 79624000-4,

79625000-1, 80110000-8, 80300000-7, 80420000-4, 80430000-7,

80511000-9, 80520000-5, 80590000-6, from 85000000-9 to

85323000-9, 92500000-6, 92600000-7, 98133000-4, 98133110-8.

(2) An organisation referred to in sub-regulation (1) shall fulfil

all of the following conditions

(a)

its objective is the pursuit of a public service

mission linked to the delivery of the services referred to in sub-

regulation (1);

(b) profits are reinvested with a view to achieving the

organisation’s objective. Where profits are distributed or

redistributed, this should be based on participatory

considerations;

(c)

the structures of management or ownership of the

organisation performing the contract are based on employee

ownership or participatory principles, or require the active

participation of employees, users or stakeholders; and

(d) the organisation has not been awarded a contract for

the services concerned by the contracting authority concerned

pursuant to this regulation within the past three years.

The maximum duration of the contract shall not be longer Duration of

reserved

than three years.

contracts.

The call for competition issued under this title shall make Duty to refer to

this Part.

reference to the regulations under this Part.

Part V

Aggregation of Procurement

Contracting entities may conclude framework agreements, Framework

provided that they apply the procedures provided for in these agreements.

regulations.

The term of a framework agreement shall not exceed eight Duration.

years, save in exceptional cases duly justified, in particular by the

subject of the framework agreement.

(1) Contracts based on a framework agreement shall be Award on

awarded on the basis of objective rules and criteria, which may objective

and criteria.

include reopening the competition among those economic operators

party to the framework agreement as concluded. These rules and

criteria shall be set out in the procurement documents for the

framework agreement.

(2) The objective rules and criteria, shall ensure equal

treatment of the economic operators who are parties to the agreement.

Where a reopening competition is included, contracting entities shall

set a time limit which is sufficiently long to allow tenders for each

specific contract to be submitted and contracting entities shall award

each contract to the tenderer that has submitted the best tender on the

basis of the award criteria set out in the specifications of the

framework agreement.

Contracting entities shall not use framework agreements

improperly or in such a way as to prevent, restrict or distort

competition.

(1) For commonly used purchases the characteristics of

which, as generally available on the market, meet the requirements of

the contracting entities, contracting entities may use a dynamic

purchasing system.

(2) The dynamic purchasing system shall be operated as a

completely electronic process, and shall be open throughout the

period of validity of the purchasing system to any economic operator

that satisfies the selection criteria.

(3) It may be divided into categories of products, works or

services that are objectively defined on the basis of characteristics of

the procurement to be undertaken under the category concerned. Such

characteristics may include reference to the maximum allowable size

of the subsequent specific contracts or to a specific geographic area in

which subsequent specific contracts will be performed.

(1) In order to procure under a dynamic purchasing

system, contracting entities shall follow the rules of the restricted

procedure as applicable.

(2) All the candidates satisfying the selection criteria shall be

admitted to the system, and the number of candidates to be admitted

to the system shall not be limited in accordance with regulation

165(2). Where contracting entities have divided the system into

categories of products, works or services in accordance with sub-

regulation (1), they shall specify the applicable selection criteria for

each category.

(3) Notwithstanding the provisions of regulations 93 to 96, the

following time limits shall apply

(a)

the minimum time limit for receipt of requests to

participate shall be thirty days from the date on which the

contract notice is sent to the Publication Office of the European

Union or when the call for competition is published as the case

may be. No further time limits for receipt of requests to

participate shall apply once the invitation to tender for the first

specific procurement under the dynamic purchasing system has

been sent;

(b) the minimum time limit for receipt of tenders shall

be at least ten days from the date on which the invitation to

tender is sent. The provisions of regulation 96 shall apply.

All communications in the context of a dynamic Communication

purchasing system shall only be made by electronic means in

accordance with regulation 70(1) to (6), (8) and (10) to (14).

(1) For the purposes of awarding contracts under a Obligations of

the contracting

dynamic purchasing system, contracting entities shall

authorities.

(a)

publish a call for competition making it clear that a

dynamic purchasing system is involved;

(b) indicate in the procurement documents at least the

nature and estimated quantity of the purchases envisaged, as

well as all the necessary information concerning the dynamic

purchasing system, including how the dynamic purchasing

system operates, the electronic equipment used and the

technical connection arrangements and specifications;

(c)

indicate any division into categories of products,

works or services and the characteristics defining them;

(d) offer unrestricted and full direct access, as long as

the system is valid, to the procurement documents in conformity

with regulation 72.

(2) Contracting entities shall give any economic operator,

throughout the entire period of validity of the dynamic purchasing

system, the possibility of requesting to participate in the system under

the conditions referred to in regulation 148.

(3) Contracting entities shall finalise their assessment of the

requests identified under sub-regulation (2) in accordance with the

selection criteria within ten working days following their receipt.

(4) The deadline established in sub-regulation (3) may be

prolonged to fifteen working days in individual cases where justified,

in particular because of the need to examine additional documentation

or to otherwise verify whether the selection criteria are met.

(5) Notwithstanding the provisions of sub-regulations (2), (3)

and (4), as long as the invitation to tender for the first specific

procurement under the dynamic purchasing system has not been sent,

contracting entities may extend the evaluation period provided that no

invitation to tender is issued during the extended evaluation period.

Contracting entities shall indicate in the procurement documents the

length of the extended period that they intend to apply.

(6) Contracting entities shall inform the economic operator

concerned at the earliest possible opportunity of whether or not it has

been admitted to the dynamic purchasing system.

(7) Contracting entities shall invite all admitted participants to

submit a tender for each specific procurement under the dynamic

purchasing system, in accordance with regulation 73. Where the

dynamic purchasing system has been divided into categories of

works, products or services, contracting entities shall invite all

participants having been admitted to the category corresponding to

the specific procurement concerned to submit a tender.

(8) They shall award the contract to the tenderer that

submitted the best tender on the basis of the award criteria set out in

the contract notice for the dynamic purchasing system or, where a

prior information notice is used as a means of calling for competition,

in the invitation to confirm interest. Those criteria may, where

appropriate, be formulated more precisely in the invitation to tender.

(1) Contracting entities who, pursuant to regulation 164,

apply exclusion grounds and selection criteria provided for under the

Public Procurement Regulations, 2016, may at any time during the

period of validity of the dynamic purchasing system, require admitted

participants to submit a renewed and updated self-declaration as

provided for in regulation 225 of those regulations, within five

working days from the date on which that request is transmitted.

(2) The provisions of regulations 228 and 229 of the Public

Procurement Regulations, 2016, shall apply throughout the entire

period of validity of the dynamic purchasing system.

Contracting entities shall indicate the period of validity of

the dynamic purchasing system in the call for competition. They shall

notify the Commission of any change in the period of validity, using

the following standard forms

(a)

where the period of validity is changed without

terminating the system, the form used initially for the call for

competition for the dynamic purchasing system;

(b) where the system is terminated, a contract award

notice referred to in regulation 65.

No charges may be billed prior to or during the period of Charges.

validity of the dynamic purchasing system to the economic operators

interested in or party to the dynamic purchasing system.

Contracting entities may use electronic auctions, in which Electronic

new prices, revised downwards, and, or new values concerning auctions.

certain elements of tenders are presented.

(1) Contracting entities shall structure the electronic Structure.

auction as a repetitive electronic process, which occurs after an initial

full evaluation of the tenders, enabling them to be ranked using

automatic evaluation methods.

(2) Certain public service contracts and certain public works

contracts having as their subject-matter intellectual performances,

such as the design of works, which cannot be ranked using automatic

evaluation methods, shall not be the object of electronic auctions.

(1) In open or restricted procedures or competitive Use of

procedures with negotiation with an estimated value falling under electronic

auction in other

regulation 30(1)(b), the contracting entities may decide that the award modes

procurement.

of a public contract shall be preceded by an electronic auction when

the content of the procurement documents, in particular the technical

specifications, can be established with precision.

(2) In the same circumstances, an electronic auction may be

held on the reopening of competition among the parties to a

framework agreement as provided for in regulations 145 and 146 and

on the opening for competition of contracts to be awarded under the

dynamic purchasing system.

The electronic auction shall be based on one of the Basis of

electronic

following elements of the tenders

auction.

(a)

solely on prices where the contract is awarded on the

basis of price only;

(b) on prices and, or on the new values of the features of

the tenders indicated in the procurement documents where the

contract is awarded on the basis of the best price-quality ratio or

to the tender with the lowest cost using a cost-effectiveness

approach.

Contracting entities which decide to hold an electronic

auction shall state that fact in the contract notice or in the invitation to

confirm interest as the case maybe. The procurement documents shall

include at least the information set out in Schedule 9.

Before proceeding with an electronic auction, contracting

entities shall make a full initial evaluation of the tenders in

accordance with the award criterion or criteria and with the weighting

fixed for them.

(1) A tender shall be considered admissible where it has

been submitted by a tenderer, who has not been excluded pursuant to

regulations 164(1) or 165(1) and who meets the selection criteria, and

whose tender is in conformity with the technical specifications

without being irregular or unacceptable or unsuitable.

(2) In particular, tenders which do not comply with the

procurement documents, which were received late, where there is

evidence of collusion or corruption, or which have been found by the

contracting entity to be abnormally low, shall be considered as being

irregular. In particular tenders submitted by tenderers that do not have

the required qualifications, and tenders whose price exceeds the

contracting entity’s budget as determined and documented prior to the

launching of the procurement procedure shall be considered as

unacceptable.

(3) A tender shall be considered not to be suitable where it is

irrelevant to the contract, being manifestly incapable, without

substantial changes, of meeting the contracting entity’s needs and

requirements as specified in the procurement documents. A request

for participation shall be considered not to be suitable where the

economic operator concerned is to be or may be excluded pursuant to

regulations 164(1) or 165(1) or does not meet the selection criteria set

out by the contracting entity.

(1) All tenderers that have submitted admissible tenders

shall be invited simultaneously to participate in the electronic auction

using, as of the specified date and time, the connections in accordance

with the instructions set out in the invitation. The electronic auction

may take place in a number of successive phases. The electronic

auction shall not start sooner than two working days after the date on

which invitations are sent out.

(2) The invitation shall be accompanied by the outcome of a

full evaluation of the relevant tender, carried out in accordance with

the weighting provided for in regulation 170(7), (8), (9).

(3) The invitation shall also state the mathematical formula to

be used in the electronic auction to determine the automatic re-

rankings on the basis of the new prices and, or new values submitted.

Except where the most economically advantageous offer is identified

on the basis of price alone, that formula shall incorporate the

weighting of all the criteria established to determine the most

economically advantageous tender, as indicated in the notice used as a

means of calling for competition or in other procurement documents.

For that purpose, any ranges shall, however, be reduced beforehand to

a specified value.

(4) Where variants are authorised, a separate formula shall be

provided for each variant.

Throughout each phase of an electronic auction the Communication

contracting entities shall instantaneously communicate to all

tenderers at least sufficient information to enable them to ascertain

their relative rankings at any moment. They may, where this has been

previously indicated, communicate other information concerning

other prices or values submitted. They may also at any time announce

the number of participants in that phase of the auction. In no case,

however, may they disclose the identities of the tenderers during any

phase of an electronic auction.

(1) Contracting entities shall close an electronic auction Closing.

in one or more of the following manners

(a)

at the previously indicated date and time;

(b) when they receive no more new prices or new values

which meet the requirements concerning minimum differences,

provided that they have previously stated the time which they

will allow to elapse after receiving the last submission before

they close the electronic auction; or

(c)

when the previously indicated number of phases in

the auction has been completed.

(2) Where the contracting entities intend to close an electronic

auction in accordance with sub-regulation (1)(c) possibly in

combination with the arrangements laid down in sub-regulation

(1)(b), the invitation to take part in the auction shall indicate the

timetable for each phase of the auction.

(3) After closing an electronic auction contracting entities

shall award the contract in accordance with regulation 170 on the

basis of the results of the electronic auction.

Part VI

Exclusion and Black Listing of Economic Operators

Part VI of the Public Procurement Regulations, 2016,

shall mutatis mutandis apply to these regulations.

2016. Part VII

Choice of participants and award of contracts

(1) Contracting entities may establish objective rules

and criteria for the exclusion and selection of tenderers or candidates;

those rules and criteria shall be available to interested economic

operators.

(2) Where contracting entities need to ensure an appropriate

balance between the particular characteristics of the procurement

procedure and the resources required to conduct it, they may, in

restricted or negotiated procedures, in competitive dialogues or in

innovation partnerships, establish objective rules and criteria that

reflect this need and enable the contracting entity to reduce the

number of candidates that will be invited to tender or to negotiate.

The number of candidates selected shall, however, take account of the

need to ensure adequate competition.

Regulations 217 to 233 of the Public Procurement

Regulations, 2016, shall mutatis mutandis apply to these regulations.

2016.

(1) Contracting entities shall, where they require the

production of certificates drawn up by independent bodies attesting

that the economic operator complies with certain quality assurance

standards, including on accessibility for disabled persons, refer to

quality assurance systems based on the relevant European standards

series certified by accredited bodies. They shall recognise equivalent

certificates from bodies established in other Member States. They

shall also accept other evidence of equivalent quality assurance

measures where the economic operator concerned had no possibility

of obtaining such certificates within the relevant time limits for

reasons that are not attributable to that economic operator provided

that the economic operator proves that the proposed quality assurance

measures comply with the required quality assurance standards.

(2) Where contracting entities require the production of

certificates drawn up by independent bodies attesting that the

economic operator complies with certain environmental management

systems or standards, they shall refer to the Eco-Management and

Audit Scheme (EMAS) of the Union or to other environmental

management systems as recognised in accordance with Article 45 of

Regulation (EC) No 1221/2009 or other environmental management

standards based on the relevant European or international standards

by accredited bodies. They shall recognise equivalent certificates

from bodies established in other Member States.

(3) Where an economic operator had demonstrably no access

to the certificates mentioned in sub-regulation (2), or no possibility of

obtaining them within the relevant time limits for reasons that are not

attributable to that economic operator, the contracting entity shall also

accept other evidence of environmental management measures,

provided that the economic operator proves that these measures are

equivalent to those required under the applicable environmental

management system or standard.

(1) With regard to criteria relating to economic and Reliance on the

financial standing and to criteria relating to technical and professional capacities

other entities.

abilities of the economic operator, an economic operator may, where

appropriate and for a particular contract, rely on the capacities of

other entities, regardless of the legal nature of the links which it has

with them. With regard to criteria relating to the educational and

professional qualifications of the service provider or contractor or

those of the undertaking’s managerial staff or to the relevant

professional experience, economic operators may however only rely

on the capacities of other entities where the latter will perform the

works or services for which these capacities are required. Where an

economic operator wants to rely on the capacities of other entities, it

shall prove to the contracting entity that it will have at its disposal the

resources necessary, for example, by producing a commitment by

those entities to that effect.

(2) Contracting entities shall verify whether the other entities

on whose capacity the economic operator intends to rely, fulfil the

relevant selection criteria or whether there are grounds for exclusion

or black listing, to which the contracting entities have referred The

contracting entity shall require that the economic operator replaces an

entity which does not meet a relevant selection criterion, or who is

excluded or black listed in terms of Part VI of the Public Procurement

Regulations, 2016.

(3) Where an economic operator relies on the capacities of

other entities with regard to criteria relating to economic and financial

standing, the contracting entity may require that the economic

operator and those entities be jointly liable for the execution of the

contract.

(4) Under the same conditions, a group of economic operators

as referred to in regulations 80 and 81 may rely on the capacities of

participants in the group or of other entities.

(5) In the case of works contracts, service contracts and siting

or installation operations in the context of a supply contract,

contracting entities may require that certain critical tasks be

performed directly by the tenderer itself or, where the tender is

submitted by a group of economic operators as referred to in

regulation 30(2) by a participant in that group.

The Minister shall have the authority to establish

regulations for drawing up of a system of qualification of economic

operators.

Award of Contract

(1) Without prejudice to regulations or administrative

provisions concerning the price of certain supplies or the

remuneration of certain services, contracting authorities shall base the

award of public contracts on the most economically advantageous

tender.

(2) The most economically advantageous tender from the

point of view of the contracting entity shall be identified on the basis

of the price or cost, using a cost-effectiveness approach, such as life-

cycle costing in accordance with regulation 171, and may include the

best price-quality ratio, which shall be assessed on the basis of

criteria, including qualitative, environmental and, or social aspects,

linked to the subject-matter of the public contract in question. Such

criteria may comprise, for instance

(a)

quality, including technical merit, aesthetic and

functional characteristics, accessibility, design for all users,

social, environmental and innovative characteristics and trading

and its conditions;

(b) organisation, qualification and experience of staff

assigned to performing the contract, where the quality of the

staff assigned can have a significant impact on the level of

performance of the contract; or

(c)

after-sales service and technical assistance, delivery

conditions such as delivery date, delivery process and delivery

period or period of completion.

(3) The cost element may also take the form of a fixed price or

cost on the basis of which economic operators will compete on

quality criteria only.

(4) Award criteria shall be considered to be linked to the

subject-matter of the public contract where they relate to the works,

supplies or services to be provided under that contract in any respect

and at any stage of their life cycle, including factors involved in

(a)

the specific process of production, provision or

trading of those works, supplies or services; or

(b)

a specific process for another stage of their life

cycle.

(5) Award criteria shall be considered to be linked to the

subject-matter of the public contract even where the factors

established in sub-regulation (4) do not form part of their material

substance.

(6) Award criteria shall not have the effect of conferring an

unrestricted freedom of choice on the contracting entity. They shall

ensure the possibility of effective competition and shall be

accompanied by specifications that allow the information provided by

the tenderers to be effectively verified in order to assess how well the

tenders meet the award criteria. In case of doubt, contracting entities

shall verify effectively the accuracy of the information and proof

provided by the tenderers.

(7) The contracting entity shall specify, in the procurement

documents, the relative weighting which it gives to each of the

criteria chosen to determine the most economically advantageous

tender, except where this is identified on the basis of price alone.

(8) Those weightings may be expressed by providing for a

range with an appropriate maximum spread.

(9) Where weighting is not possible for objective reasons, the

contracting entity shall indicate the criteria in decreasing order of

importance.

(10) The relative weighting or order of importance shall be

specified, as appropriate, in the notice used as a means of calling for

competition, in the invitation to confirm interest, in the invitation to

tender or to negotiate, or in the specifications.

(1) Life-cycle costing shall to the extent relevant cover Life-cycle

parts or all of the following costs over the life cycle of a product, costing.

service or works

(a)

costs, borne by the contracting entity or other users,

such as

(i)

costs relating to acquisition;

(ii) costs of use, such as consumption of energy

and other resources;

(iii) maintenance costs;

(iv) end of life costs, such as collection and

recycling costs;

(b) costs imputed to environmental externalities linked

to the product, service or works during its life cycle, provided

their monetary value can be determined and verified; such costs

may include the cost of emissions of greenhouse gases and of

other pollutant emissions and other climate change mitigation

costs.

(2) Where contracting entities assess the costs using a life-

cycle costing approach, they shall indicate in the procurement

documents the data to be provided by the tenderers and the method

which the contracting entity will use to determine the life-cycle costs

on the basis of those data.

(3) The method used for the assessment of costs imputed to

environmental externalities shall fulfil all of the following conditions

(a)

it is based on objectively verifiable and non-

discriminatory criteria. In particular, where it has not been

established for repeated or continuous application, it shall not

unduly favour or disadvantage certain economic operators;

(b)

it is accessible to all interested parties;

(c)

the data required can be provided with reasonable

effort by normally diligent economic operators, including

economic operators from third countries party to the GPA or

other international agreements by which the Union is bound.

(4) Whenever a common method for the calculation of life-

cycle costs has been made mandatory by a legislative act of the

Union, that common method shall be applied for the assessment of

life-cycle costs.

(5) A list of the common methods of calculation mentioned in

sub-regulation (4) is established in Annex XV of Directive 2014/25/

EU of the European Parliament and of the Council of 26 February

2014 on Public Procurement of Entities operating in the Water,

Energy, Transport and Postal Services Sectors.

(1) This regulation shall apply to every contract or Individual

framework agreement covered by these regulations, and every time a reports

procedures for

dynamic purchasing system, where the estimated value of such the

contracts.

procedures falls under sub-regulation 30(1)(b).

(2) Contracting entities shall keep appropriate information on

each contract or framework agreement covered by these regulations

and each time a dynamic purchasing system is established. This

information shall be sufficient to permit them at a later date to justify

decisions taken in connection with

(a)

the qualification and selection

of

economic

operators and the award of contracts;

(b) the use of negotiated procedures without a call for

competition by virtue of regulations 124 to 128;

(c

the non-application of regulations 14, 34, 39 to 42,

56 to 59, 63 to 69, 69, 71 to 78, 82 to 85, 92, 143 to 150, 154 to

171 and 174 to 180 by virtue of the derogations provided for in

these regulations;

(d) where necessary, the reasons why other means of

communication than electronic means for the electronic

submission have been used.

(3) To the extent that the contract award notice drawn up

pursuant to regulations 65 or 136 contains the information required in

this regulation, contracting entities may refer to that notice.

(4) Contracting entities shall document the progress of all

procurement procedures, whether or not those are conducted by

electronic means. To that end, they shall ensure that they keep

sufficient documentation to justify decisions taken in all stages of the

procurement procedure, such as documentation on communications

with economic operators and internal deliberations, preparation of the

procurement documents, dialogue or negotiation if any, selection and

award of the contract. The documentation shall be kept for a period of

at least three years from the date of award of the contract.

(5) The report, or its main elements, shall be communicated to

the Commission or the competent authorities, bodies or structures

where they so request.

(1) Contracting entities and, or the Director, as the case

may be, shall as soon as possible inform each candidate and tenderer

of decisions reached concerning the conclusion of a framework

agreement, the award of the contract or admittance to a dynamic

purchasing system, including the grounds for any decision not to

conclude a framework agreement or award a contract for which there

has been a call for competition or to recommence the procedure, or

not to implement a dynamic purchasing system.

(2) On request from the candidate or tenderer concerned,

contracting entities shall, as soon as possible, and in any event within

fifteen days from receipt of a written request, inform

(a)

any unsuccessful candidate of the reasons for the

rejection of its request to participate;

(b) any unsuccessful tenderer of the reasons for the

rejection of its tender, including, for the cases referred to in

regulation 76(9), (10) and (11), the reasons for their decision of

non-equivalence or their decision that the works, supplies or

services do not meet the performance or functional

requirements;

(c)

any tenderer that has made an admissible tender 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;

(d) any tenderer that has made an admissible tender of

the conduct and progress of negotiations and dialogue with

tenderers.

(3) Contracting entities may decide to withhold certain

information referred to in sub-regulations (1) and (2) regarding the

contract award, the conclusion of the framework agreement or the

admittance to a dynamic purchasing system is to be withheld where

its release would impede law enforcement or otherwise be contrary to

the public interest or would prejudice the legitimate commercial

interests of a particular economic operator, public or private, or might

prejudice fair competition between economic operators.

Abnormally Low Tenders and Variant Solutions

(1) Contracting entities shall require economic

operators to explain the price or costs proposed in the tender where

tenders appear to be abnormally low in relation to the works, supplies

or services when the estimated value of these falls under regulation

30(1)(b).

(2) The explanations referred to in sub-regulation (1) may in

particular relate to

(a)

the economics of the manufacturing process, of the

services provided or of the construction method;

(b) the technical solutions chosen or any exceptionally

favourable conditions available to the tenderer for the supply of

the products or services or for the execution of the work;

(c)

the originality of the work, supplies or services

proposed by the tenderer;

(d) compliance

with

obligations

established

in

regulation 34(m);

(e)

compliance with obligations referred to in regulation

83;

(f)

the possibility of the tenderer obtaining State aid.

(3) The contracting entity shall assess the information

provided by consulting the tenderer. It may only reject the tender

where the evidence supplied does not satisfactorily account for the

low level of price or costs proposed, taking into account the elements

referred to in sub-regulation (2).

(4) Contracting entities shall reject the tender, where they have

established that the tender is abnormally low because it does not

comply with applicable obligations referred to in regulation 34(m).

(5) Where a contracting entity establishes that a tender is

abnormally low because the tenderer has obtained State aid, the

tender may be rejected on that ground alone only after consultation

with the tenderer where the latter is unable to prove, within a

sufficient time limit fixed by the contracting entity, that the aid in

question was compatible with the internal market within the meaning

of Article 107 of the TFEU. Where the contracting entity rejects a

tender in those circumstances, it shall inform the Commission

thereof.

(1) For tenders having an estimated value which falls Variants.

under regulation 30(1)(b), contracting entities may authorise or

require tenderers to submit variants which meet the minimum

requirement specified by the contracting entities.

(2) Contracting entities shall indicate in the procurement

documents whether or not they authorise or require variants and, if so,

the minimum requirements for their presentation, in particular

whether variants may be submitted only where a tender, which is not

a variant, has also been submitted.

(3) Where variants are authorised or required, contracting

entities shall also ensure that the chosen award criteria can be applied

to variants meeting those minimum requirements as well as to

conforming tenders which are not variants.

(4) In procedures for awarding supply or service contracts,

contracting entities that have authorised or required variants shall not

reject a variant on the sole ground that it would, where successful,

lead either to a service contract rather than a supply contract or to a

supply contract rather than a service contract.

Part VIII

Contract Performance and Modifications

Contracting entities 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 regulation

170(4) and (5) 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.

(1) For tenders with an estimated value which falls

under regulation 30(1) and upon the prior approval of the Director a

contracting entity can order modifications to the contract without a

new procurement procedure in any of the following cases

(a)

where the modifications, irrespective of their

monetary value, have been provided for in the initial

procurement documents in clear, precise and unequivocal

review clauses, which may include price revision clauses, or

options. Such clauses shall state the scope and nature of

possible modifications or options as well as the conditions

under which they may be used. They shall not provide for

modifications or options that would alter the overall nature of

the contract or the framework agreement;

(b) for additional works, services or supplies by the

original contractor irrespective of their value, that have become

necessary and that were not included in the initial procurement

where a change of contractor

(i) cannot be made for economic or technical

reasons such as requirements of interchangeability or

interoperability with existing equipment, software,

services or installations procured under the initial

procurement; and

(ii) Would cause significant inconvenience or

substantial duplication of costs for the contracting entity;

(c)

where all of the following conditions are fulfilled

(i) the need for modification has been brought

about by circumstances which a diligent contracting entity

could not foresee;

(ii) the modification does not alter the overall

nature of the contract;

(d) where a new contractor replaces the one to which

the contracting entity had initially awarded the contract as a

consequence of either

(i) an unequivocal review clause or option in

conformity with paragraph (a);

(ii) universal or partial succession into the

position of the initial contractor, following corporate

restructuring, including takeover, merger, acquisition or

insolvency, of another economic operator that fulfils the

criteria for qualitative selection initially established

provided that this does not entail other substantial

modifications to the contract and is not aimed at

circumventing the application of these regulations; or

(iii) in the event that the contracting authority

itself assumes the main contractor’s obligations towards its

subcontractors;

(e)

where the modifications, irrespective of their value,

are not substantial within the meaning of sub-regulation (5)

Provided that when a variation cumulatively exceeds the

amounts established under sub-regulation (3), the contracting entity

shall seek the prior approval of the Director.

(2) Contracting entities having modified a contract in the cases

set out under sub-regulation (1)(b) and (c) shall publish a notice to

that effect in the Official Journal of the European Union. Such notice

shall contain the information set out in Schedule 15 and shall be

published in accordance with regulation 78.

(3) Without any need to verify whether the conditions set out

under sub-regulation (5)(a) to (d) are met, contracts may equally be

modified without a new procurement procedure or ask for the prior

approval of the director in accordance with these regulations being

necessary where the value of the modification is below both of the

following values

(a)

the thresholds set out in regulation 15; and

(b) ten per cent of the initial contract value for service

and supply contracts and below fifteen per cent of the initial

contract value for works contracts

Provided that, the modification may not alter the overall

nature of the contract or framework agreement. Where several

successive modifications are made, the value shall be assessed on the

basis of the net cumulative value of the successive modifications.

(4) For the purpose of the calculation of the price mentioned in

sub-regulation (3), the updated price shall be the reference value

when the contract includes an indexation clause.

(5) A modification of a contract or a framework agreement

during its term shall be considered to be substantial within the

meaning of sub-regulation (1)(e), where it renders the contract or the

framework agreement materially different in character from the one

initially concluded. In any event, without prejudice to the provisions

of sub-regulations (1), (2) and (3), a modification shall be considered

to be substantial where one or more of the following conditions is

met

(a)

the modification introduces conditions which, had

they been part of the initial procurement procedure, would have

allowed for the admission of other candidates than those

initially selected or for the acceptance of a tender other than that

originally accepted or would have attracted additional

participants in the procurement procedure;

(b) the modification changes the economic balance of

the contract or the framework agreement in favour of the

contractor in a manner which was not provided for in the initial

contract or framework agreement;

(c)

the modification extends the scope of the contract or

framework agreement considerably;

(d)

where a new contractor replaces the one to which

the contracting entity had initially awarded the contract in other

cases than those provided for under sub-regulation (1)(d).

(6) A new procurement procedure in accordance with these

regulations shall be required for other modifications of the provisions

of a works, supply or service contract or a framework agreement

during its term than those provided for under sub-regulations (1), (2)

and (3).

(1) When a modification of a tender with an estimated Approval by

value which falls under regulation 30(1)(b) which cumulatively Director.

exceeds the amounts established under regulation 177(3) is sought by

the contracting entity, the latter shall seek the prior approval of the

Director.

(2) In exceptional circumstances where the urgent nature of

the modification to be carried out is such that the contracting entity

cannot possibly wait for the prior approval of the Director, the

contracting authority may proceed with the modification subject that

it adheres to the conditions mentioned in regulation 177.

Regulations 248 to 260 of the Public Procurement Procedure for

the approval of

Regulations, 2016, shall mutatis mutandis apply to this regulation

modifications

and appeals.

(1) Contracting entities can terminate a contract during Termination of

contracts.

its term, where

(a)

the contract has been subject to a substantial

modification, which would have required a new procurement

procedure pursuant to regulation 177;

(b) the contractor has, at the time of contract award,

been in one of the situations referred to in Part VI of the Public

Procurement Regulations, 2016, and should therefore have been

excluded from the procurement procedure;

(c)

the contract should not have been awarded to the

contractor in view of a serious infringement of the obligations

under the Treaties and these regulations that has been declared

by the Court of Justice of the European Union in a procedure

pursuant to Article 258 of the TFEU;

(d) the contractor fails to discharge any obligation

which he has contracted.

(2) If the contracting authority has no valid reason for the

termination, it is to compensate the contractor for all his expenses and

work and to pay him a sum to be fixed by the court, according to

circumstances, but not exceeding the profits which the contractor

could have made by the contract.

(3) If the contracting authority has valid reason for the

termination, it is to pay the contractor only such sum which shall not

exceed the actual proven expenses and work of the contractor.

(4) Any payment made in advance to the contractor before the

termination of the contract shall be applied to the sums due in terms

of sub-regulations (2) or (3) and the contractor shall return any

resulting excess to the contracting authority.

(5) The contract shall be immediately terminated when the

contracting authority informs the contractor, by any means

whatsoever, of his decision to terminate the contract, and this without

the need of any authorization or confirmation by any court or Board.

Part IX

Remedies

Part IX of the Public Procurement Regulations, 2016,

shall mutatis mutandis apply to these regulations.

Part X

Revocation

These regulations revoke the Public Procurement of

Entities operating in the Water, Energy, Transport and Postal Services

Sectors Regulations, 2005, without prejudice to anything done or

omitted to be done thereunder.

2005. Schedule 1

List of Activities as set out under paragraph (a) of the definition

of the term Works Contracts

In the event of any difference of interpretation between the CPV and the NACE,

the CPV nomenclature will apply.

NACE Rev 1

CPV code

Section F

CONSTRUCTION

Division

Group

Class

Subject

Notes

Construction

This

division

includes: 45000000

construction of new buildings

and works, restoring and

common repairs.

45.1

Site

45100000

preparation

45110000

45.11

This class includes

-

demolition of buildings

and other structures,

-

clearing of building

sites,

-

earth moving

excavation, landfill,

levelling and grading of

construction sites,

trench digging, rock

removal, blasting, etc.,

-

site preparation for

mining,

-

overburden removal and

other development and

preparation of mineral

properties and sites.

This class also includes

-

building site drainage,

-

drainage of agricultural

or forestry land.

NACE Rev 1

CPV code

Section F

CONSTRUCTION

Division

Group

Class

Subject

Notes

45120000

45.12

Test

drilling This class includes

and boring

-

test drilling, test boring

and core sampling for

construction,

geophysical, geological

or similar purposes.

This class excludes

-

drilling of production oil

or gas wells, see 11.20,

-

water well drilling, see

45.25,

-

shaft sinking, see 45.25,

-

oil and gas field

exploration,

geophysical, geological

and seismic surveying,

see 74.20.

45.2

Building

of

45200000

complete

constructions

or

parts

thereof; civil

engineering

NACE Rev 1

CPV code

Section F

CONSTRUCTION

Division

Group

Class

Subject

Notes

45210000

45.21

General

This class includes

construction of

Except

buildings and -

construction of all types

of buildings

civil

- 45213316

construction of civil

engineering

45220000

engineering

works

45231000

constructions,

45232000

-

bridges, including those

for elevated highways,

viaducts, tunnels and

subways,

-

long-distance pipelines,

communication and

power lines,

-

urban pipelines, urban

communication and

power lines,

-

ancillary urban works,

-

assembly and erection

of prefabricated

constructions on the site.

This class excludes

-

service activities

incidental to oil and gas

extraction, see 11.20,

-

erection of complete

prefabricated

constructions from self-

manufactured parts not

of concrete, see

divisions 20, 26 and 28,

-

construction work, other

than buildings, for

stadiums, swimming

pools, gymnasiums,

tennis courts, golf

courses and other sports

installations, see 45.23,

-

building installation, see

45.3,

-

building completion, see

45.4,

-

architectural and

engineering activities,

see 74.20,

-

project manage-ment for

construction, see 74.20.

NACE Rev 1

CPV code

Section F

CONSTRUCTION

Division

Group

Class

Subject

Notes

45.22

Erection

of This class includes

45261000

roof covering

and frames

-

erection of roofs,

-

roof covering,

-

waterproofing.

45.23

Construction

45212212 and

This class includes

of highways,

DA03

roads, airfields -

construction of

45230000

highways, streets, roads,

and

sport

other vehicular and

facilities

except

pedestrian ways,

-

construction of railways,

- 45231000

-

construction of airfield

runways,

- 45232000

-

construction work, other

than buildings, for

- 45234115

stadiums, swimming

pools, gymnasiums,

tennis courts, golf

courses and other sports

installations,

-

painting of markings on

road surfaces and car

parks.

This class excludes

-

preliminary earth

moving, see 45.11.

45.24

Construction

This

class

includes 45240000

of

water construction of

projects

-

waterways, harbour and

river works, pleasure

ports (marinas), locks,

etc.,

-

dams and dykes,

-

dredging,

-

subsurface work.

NACE Rev 1

CPV code

Section F

CONSTRUCTION

Division

Group

Class

Subject

Notes

45250000

45.25

Other

This class includes

construction

45262000

work involving -

construction activities

specialising in one

special trades

aspect common to

different kinds of

structures, requiring

specialised skill or

equipment,

-

construction of

foundations, including

pile driving,

-

water well drilling and

construction, shaft

sinking,

-

erection of non-self-

manufactured steel

elements,

-

steel bending,

-

bricklaying and stone

setting,

-

scaffolds and work

platform erecting and

dismantling, including

renting of scaffolds and

work platforms,

-

erection of chimneys

and industrial ovens.

This class excludes

-

renting of scaffolds

without erection and

dismantling, see 71.32.

45.3

Building

45300000

installation

NACE Rev 1

CPV code

Section F

CONSTRUCTION

Division

Group

Class

Subject

Notes

45213316

45.31

Installation of

This class includes

electrical

installation in buildings or 45310000

wiring

and

other construction projects

fittings

Except

of

- 45316000

-

electrical wiring and

fittings,

-

telecommunica-tions

systems,

-

electrical heating

systems,

-

residential antennas and

aerials,

-

fire alarms,

-

burglar alarm systems,

-

lifts and escalators,

-

lightning conductors,

etc.

45.32

Insulation

This class includes

45320000

work activities

-

installation in buildings

or other construction

projects of thermal,

sound or vibration

insulation.

This class excludes

-

waterproofing, see

45.22.

45.33

Plumbing

This class includes

45330000

-

installation in buildings

or other construction

projects of

-

plumbing and sanitary

equipment,

-

gas fittings,

-

heating, ventilation,

refrigeration or air-

conditioning equipment

and ducts,

-

sprinkler systems.

This class excludes

-

installation of electrical

heating systems, see

45.31.

NACE Rev 1

CPV code

Section F

CONSTRUCTION

Division

Group

Class

Subject

Notes

45234115

45.34

Other building This class includes

installation

45316000

-

installation of

illumination and

45340000

signalling systems for

roads, railways, airports

and harbours,

-

installation in buildings

or other construction

projects of fittings and

fixtures n.e.c.

45.4

Building

45400000

completion

45.41

Plastering

This class includes

45410000

-

application in buildings

or other construction

projects of interior and

exterior plaster or

stucco, including related

lathing materials.

45420000

45.42

Joinery

This class includes

installation

-

installation of not self-

manufactured doors,

windows, door and

window frames, fitted

kitchens, staircases,

shop fittings and the

like, of wood or other

materials,

-

interior completion such

as ceilings, wooden wall

coverings, movable

partitions, etc.

This class excludes

-

laying of parquet and

other wood floor

coverings, see 45.43.

NACE Rev 1

CPV code

Section F

CONSTRUCTION

Division

Group

Class

Subject

Notes

45430000

45.43

Floor and wall This class includes

covering

-

laying, tiling, hanging or

fitting in buildings or

other construction

projects of

-

ceramic, concrete or cut

stone wall or floor tiles,

-

parquet and other wood

floor coverings carpets

and linoleum floor

coverings,

-

including of rubber or

plastic,

-

terrazzo, marble, granite

or slate floor or wall

coverings,

-

wallpaper.

45.44

Painting and This class includes

45440000

glazing

-

interior and exterior

painting of buildings,

-

painting of civil

engineering structures,

-

installation of glass,

mirrors, etc.

This class excludes

-

installation of windows,

see 45.42.

45.45

Other building This class includes

45212212 and

completion

DA04

-

installation of private

45450000

swimming pools,

-

steam cleaning, sand

blasting and similar

activities for building

exteriors,

-

other building

completion and

finishing work n.e.c.

This class excludes

-

interior cleaning of

buildings and other

structures, see 74.70.

NACE Rev 1

CPV code

Section F

CONSTRUCTION

Division

Group

Class

Subject

Notes

45.5

Renting

of

45500000

construction or

demolition

equipment with

operator

45500000

45.50

This class excludes

-

renting of construction

or demolition machinery

and equipment without

operators, see 71.32.

Schedule 2

List of Union Legal Acts

[Regulation 2(4)]

Rights which have been granted by means of a procedure in which adequate

publicity has been ensured and where the granting of those rights was based on

objective criteria do not constitute ‘special or exclusive rights’ within the meaning

of regulation 2(4). The following lists procedures, ensuring adequate prior

transparency, for granting authorisations on the basis of other legal acts of the

Union which do not constitute ‘special or exclusive rights’ within the meaning of

regulation 2(4)

(a)

granting authorisation to operate natural gas installations in

accordance with the procedures laid down in Article 4 of Directive 2009/73/

EC;

(b) authorisation or an invitation to tender for the construction of

new electricity production installations in accordance with Directive 2009/

72/EC;

(c)

the granting in accordance with the procedures laid down in

Article 9 of Directive 97/67/EC of authorisations in relation to a postal

service which is not or shall not be reserved;

(d) a procedure for granting an authorisation to carry on an activity

involving the exploitation of hydrocarbons in accordance with Directive 94/

22/EC;

(e)

public service contracts within the meaning of Regulation (EC)

No 1370/2007 for the provision of public passenger transport services by

bus, tramway, rail or metro which have been awarded on the basis of a

competitive tendering procedure in accordance with Article 5(3) thereof,

provided that its length is in conformity with Article 4(3) or (4) of that

Regulation.

Schedule 3

List of Union Legal Acts

[Regulation 24(5) and (6)]

A.

Transport or distribution of gas or heat

Directive 2009/73/EC

B.

Production, transmission or distribution of electricity

Directive 2009/72/EC

C.

Production, transport or distribution of drinking water

[No entry]

D.

Contracting entities in the field of rail services

Rail freight transport

Directive 2012/34/EU

International rail passenger transport

Directive 2012/34/EU

National rail passenger transport

[No entry]

E. Contracting entities in the field of urban railway, tramway, trolleybus or

motor bus services

[No entry]

F.

Contracting entities in the field of postal services

Directive 97/67/EC

G.

Extraction of oil or gas

Directive 94/22/EC

Exploration for and extraction of coal or other solid fuels

[No entry]

Contracting entities in the field of seaport or inlandportor other terminal

equipment

[No entry]

Contracting entities in the field of airport installations

[No entry]

Schedule 4

List of Central Purchasing Bodies

Department of Contracts

Schedule 5

Values of Thresholds

[Regulation 30(2)]

The value of the thresholds, net of vat, applicable to Public Contracts shall be

the following

(a)

EUR 418,000 for supply and service contracts as well as for

design contests;

(b)

EUR 5,225,000 for works contracts;

(c)

EUR 1,000,000 for service contracts for social and other specific

services listed in Schedule 17.

Schedule 6

Deadlines for the adoption of the Implementing Acts

(Regulation 25)

1. The implementing acts referred to in regulation 25 shall be adopted

within the following periods

(a)

90 working days where free access to a given market is presumed

on the basis of regulation 24(5) and (6);

(b) 130 working days in cases other than those referred to in

paragraph (a).

The periods set out in paragraphs (a) and (b) shall be prolonged by 15

working days where the request is not accompanied by a reasoned and

substantiated position, adopted by an independent national authority that is

competent in relation to the activity concerned, which thoroughly analyses the

conditions for the possible applicability of regulation 24(1) and (2) to the activity

concerned in accordance with regulation 24(3),(4),(5) and (6).

Those deadlines shall commence on the first working day following the date

on which the Commission receives the request referred to in regulation 25(1) and

(2) or, where the information to be supplied with the request is incomplete, on the

working day following the receipt of the complete information.

The periods set out in the first sub-paragraph may be extended by the

Commission with the agreement of the Member State or contracting entity which

has presented the request.

2. The Commission may require the Member State or the contracting

entity concerned or the independent national authority referred to under paragraph

1 or any other competent national authority to provide all necessary information or

to supplement or clarify information given within an appropriate time limit. In the

event of late or incomplete answers, the periods set out in the first sub-paragraph

of paragraph 1 shall be suspended for the period between the expiry of the time

limit set in the request for information, and the receipt of the complete and correct

information.

Schedule 7

Requirements relating to tools and devices for the Electronic Receipt of Tenders,

Requests to participate, Applications for qualification

as well as Plans and Projects in Contests

Tools and devices for the electronic receipt of tenders, requests to participate,

applications for qualification as well as plans and projects in contests must

guarantee, through technical means and appropriate procedures, at least that

(a)

the exact time and date of the receipt of tenders, requests to

participate, applications for qualification as well as the submission of plans

and projects can be determined precisely;

(b) it may be reasonably ensured that, before the time limits laid

down, no-one can have access to data transmitted under those requirements;

(c)

only authorised persons may set or change the dates for opening

data received;

(d) during the various stages of the qualification procedure, the

procurement procedure or contest, access to all data submitted, or to part

thereof, must be possible only for authorised persons;

(e)

only authorised persons must give access to data transmitted and

only after the prescribed date;

(f)

data received and opened in accordance with those requirements

must remain accessible only to persons authorised to acquaint themselves

therewith;

(g) where the access prohibitions or conditions referred to under

paragraphs (b) to (f) are infringed or there is an attempt to do so, it may be

reasonably ensured that the infringements or attempts are clearly detectable.

Schedule 8

Data to be inserted in the Periodic Indicative Notices

Part A

Information to be included in the Periodic Indicative Notice

(Regulation 63)

I.

Information to be included in all cases

1. Name, identification number (where provided for in national

legislation), address including NUTS code, telephone, fax number, e-mail and

internet address of the contracting entity and, where different, of the service from

which additional information may be obtained.

2. Main activity exercised.

3. (a)

For supply contracts: nature and quantity or value of the services

or products to be supplied (CPV codes).

(b) For works contracts: nature and extent of the services to be

provided, the general characteristics of the work or of the lots by reference to the

work (CPV codes).

(c)

For service contracts: intended total procurement in each of the

service categories envisaged (CPV codes).

4. Date of dispatch of the notice or of dispatch of the notice of the

publication of this notice on the buyer profile.

5. Any other relevant information.

Part B

Information to be included in Notices of Publication of a Periodic Indicative

Notice on a Buyer Profile not used as a means

of calling for Competition

(Regulation 63)

1. Name, identification number (where provided for in national

legislation), address including NUTS code, telephone, fax number, e-mail and

internet address of the contracting entity and, where different, of the service from

which additional information may be obtained.

2. Main activity exercised.

3. CPV Codes.

4. Internet address of the ‘buyer profile’ (URL).

5. Date of dispatch of the notice of the publication of the prior information

notice on the buyer profile.

Schedule 9

Information to be included in the Procurement Documents relating to Electronic

Auctions

(Regulation 158)

Where contracting entities have decided to hold an electronic auction, the

procurement documents shall include at least the following details

(a)

the features whose values will be the subject of electronic

auction, provided that such features are quantifiable and can be expressed in

figures or percentages;

(b) any limits 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 the 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.

Schedule 10

Features concerning Publication

1. Publication of notices

The notices referred to in Regulations 63, 64, 65, 68 135 and 169 must be

sent by the contracting entities to the Publications Office of the European Union

and published in accordance with the following rules

(a)

Notices referred to in regulations 63, 64, 65, 68 135 and 169 shall

be published by the Publications Office of the European Union or by the

contracting entities in the event of a periodic indicative notice published on a

buyer profile in accordance with regulation 63.

In addition, contracting entities may publish this information on the

internet on a ‘buyer profile’ as referred to in point 2(b) below;

(b) The Publications Office of the European Union will give the

contracting entity the confirmation referred to in the second sub-paragraph of

regulation 66(4).

2. Publication of complementary or additional information

(a)

Except where otherwise provided for in regulations 72(4) and (5)

contracting entities shall publish the procurement documents in their entirety

on the internet;

(b) The buyer profile may include periodic indicative notices as

referred to in regulation 63, 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 a fax

number, a postal address and an e-mail address. The buyer profile may also

include periodic indicative notices used as a means of calling for

competition, which are published at national level pursuant to regulation 67.

3. Format and procedures for the electronic transmission of notices

The format and procedure for sending notices electronically as established by

the Commission are made accessible at the internet address http://simap.eu.int.

Schedule 11

Information to be included in Contract Notices

(Regulation 64)

A.

Open Procedures

1. Name, identification number (where provided for in national

legislation), address including NUTS code, telephone, fax number, e-mail and

internet address of the contracting entity and, where different, of the service from

which additional information may be obtained

2. Main activity exercised

3. Where appropriate, state whether the contract is reserved for sheltered

workshops or whether its performance is reserved in the context of sheltered

employment programmes.

4. Nature of the contract (supply, works or service, where appropriate,

state if it is a framework agreement or a dynamic purchasing system), description

(CPV codes). Where appropriate, state whether tenders are requested for purchase,

lease, rental or hire purchase or any combination of those.

5. NUTS code for the main location of works in case of works or NUTS

code for the main place of delivery or performance in supplies and service.

6. For supplies and works

(a)

nature and quantity of the products to be supplied (CPV codes),

including any options for further procurement and, if possible, the estimated

time available for exercising those options as well as the number of renewals,

if any. In the case of recurring contracts, also, if possible, an estimate of the

timing of the subsequent calls for competition for the products to be procured

or the nature and extent of the services to be provided and general nature of

the work (CPV codes);

(b) indication of whether the suppliers may tender for some and, or

all the products required.

If, for works contracts, the work or the contract is subdivided into

several lots, the order of size of the different lots and the possibility of

tendering for one, for several or for all the lots;

(c)

for works contracts: information concerning the purpose of the

work or the contract where the latter also involves the drawing-up of

projects.

7. For services

(a)

The nature and quantity of the products to be supplied, including

any options for further procurement and, if possible, the estimated time

available for exercising those options as well as the number of renewals, if

any. In the case of recurring contracts, also, if possible, an estimate of the

timing of the subsequent calls for competition for the services to be procured;

(b) Indication of whether the performance of the service is reserved

by law, regulation or administrative provision to a particular profession;

(c)

Reference of the law, regulation or administrative provision;

(d) Indication of whether legal persons shall indicate the names and

professional qualifications of the staff to be responsible for the performance

of the service;

(e)

Indication of whether service providers may tender for a part of

the services concerned.

8. Where known, indication of whether authorisation to submit variants

exists or not.

9. Time limits for delivery or completion or duration of service contract

and, as far as possible, the starting date.

10. E-mail or internet address at which the procurement documents will be

available for unrestricted and full direct access, free of charge.

Where unrestricted and full direct access, free of charge, is not available for

the reasons set out in regulation 72, an indication of how the procurement

documents can be accessed.

11. (a)

Final date for receipt of tenders or indicative tenders where a

dynamic purchasing system is introduced;

(b)

Address to which they shall be sent;

(c)

Language or languages in which they shall be drawn up.

12. (a)

Where applicable, the persons authorised to be present at the

opening of tenders;

(b)

Date, time and place of such opening.

13. Where applicable, any deposits and guarantees required.

14. Main terms concerning financing and payment and/or references to the

provisions in which those are contained.

15. Where appropriate, the legal form to be taken by the grouping of

economic operators to whom the contract is awarded.

16. Minimum economic and technical conditions required of the economic

operator to whom the contract is awarded.

17. Period during which the tenderer is bound to keep open his tender.

18. Where appropriate, particular conditions to which the performance of

the contract is subject.

19. Criteria referred to in regulation 170 to be used for award of the

contract. Except where the most economically advantageous tender is identified on

the basis of price alone, criteria representing the most economically advantageous

tender as well as their weighting or, where appropriate, the order of importance of

those criteria shall be indicated where they do not appear in the specifications.

20. Where appropriate, date(s) and the reference(s) to publication in the

Official Journal of the European Union of the periodic information notice or of the

notice of the publication of this notice on the buyer profile to which the contract

refers.

21. Name and address of the body responsible for appeal and, where

appropriate, mediation procedures. Precise information concerning time limits for

lodging appeals, or, if need be, the name, address, telephone number, fax number

and e-mail address of the department from which this information may be

obtained.

22. Date of dispatch of the notice by the contracting entity.

23. Any other relevant information.

B.

Restricted Procedures.

1. Name, identification number (where provided for in national

legislation), address including NUTS code, telephone, fax number, e-mail and

internet address of the contracting entity and, where different, of the service from

which additional information may be obtained.

2. Main activity exercised.

3. Where appropriate, state whether the contract is reserved for sheltered

workshops or whether its performance is reserved in the context of sheltered

employment programmes.

4. Nature of the contract (supplies, works or services; where appropriate,

state if it is a framework agreement); description (CPV codes). Where appropriate,

state whether tenders are requested for purchase, lease, rental or hire purchase or

any combination of those.

5. NUTS code for the main location of works in case of works or NUTS

code for the main place of delivery or performance in supplies and service.

6. For supplies and works

(a)

The nature and quantity of the products to be supplied (CPV

codes), including any options for further procurement and, if possible, the

estimated time available for exercising those options as well as the number of

renewals, if any. In the case of recurring contracts, also, if possible, an

estimate of the timing of the subsequent calls for competition for the

products to be procured or the nature and extent of the services to be

provided and general nature of the work (CPV codes);

(b) Indication of whether the suppliers may tender for some and, or

all the products required.

If, for works contracts, the work or the contract is subdivided into

several lots, the order of size of the different lots and the possibility of

tendering for one, for several or for all the lots;

(c)

Information concerning the purpose of the work or the contract

where the latter also involves the drawing-up of projects.

7. For services

(a)

The nature and quantity of the products to be supplied, including

any options for further procurement and, if possible, the estimated time

available for exercising those options as well as the number of renewals, if

any. In the case of recurring contracts, also, if possible, an estimate of the

timing of the subsequent calls for competition for the services to be procured;

(b) Indication of whether the performance of the service is reserved

by law, regulation or administrative provision to a particular profession;

(c)

Reference to the law, regulation or administrative provision;

(d) Indication of whether legal persons shall indicate the names and

professional qualifications of the staff to be responsible for the performance

of the service;

(e)

Indication of whether service providers may tender for a part of

the services concerned.

8. Where known, indication of whether authorisation to submit variants

exists or not.

9. Time limits for delivery or completion or duration of the contract and,

as far as possible, for starting.

10. Where appropriate, the legal form to be taken by the grouping of

economic operators to whom the contract is awarded.

11. (a)

Final date for receipt of requests to participate;

(b)

Address to which they shall be sent;

(c)

Language or languages in which they shall be drawn up.

12. Final date for dispatch of invitations to tender.

13. Where applicable, any deposits and guarantees required.

14. Main terms concerning financing and payment and, or references to the

provisions in which those are contained.

15. Information concerning the economic operator’s position and the

minimum economic and technical conditions required of him.

16. Criteria referred to in regulation 170 be used for award of the contract.

Except where the most economically advantageous tender is identified on the basis

of price alone, criteria representing the most economically advantageous tender as

well as their weighting or, where appropriate, the order of importance of those

criteria shall be indicated where they do not appear in the specifications or will not

be indicated in the invitation to tender.

17. Where appropriate, particular conditions to which the performance of

the contract is subject.

18. Where appropriate, the date(s) and reference(s) to publication in the

Official Journal of the European Union of the periodic information notice or of the

notice of the publication of this notice on the buyer profile to which the contract

refers.

19. Name and address of the body responsible for appeal and, where

appropriate, mediation procedures. Precise information concerning time limits for

lodging appeals, or, if need be, the name, address, telephone number, fax number

and e-mail address of the service from which this information may be obtained.

20. Date of dispatch of the notice by the contracting entities.

21. Any other relevant information.

C.

Negotiated Procedures

1. Name, identification number (where provided for in national

legislation), address including NUTS code, telephone, fax number, e-mail and

internet address of the contracting entity and, where different, of the service from

which additional information may be obtained.

2. Main activity exercised.

3. Where appropriate, state whether the contract is reserved for sheltered

workshops or whether its performance is reserved in the context of sheltered

employment programmes.

4. Nature of the contract (supplies, works or services; where appropriate,

state if it is a framework agreement); description (CPV codes). Where appropriate,

state whether tenders are requested for purchase, lease, rental or hire purchase or

any combination of those.

5. NUTS code for the main location of works in case of works or NUTS

code for the main place of delivery or performance in supplies and service.

6. For supplies and works

(a)

The nature and quantity of the products to be supplied (CPV

codes), including any options for further procurement and, if possible, the

estimated time available for exercising those options as well as the number of

renewals, if any. In the case of recurring contracts, also, if possible, an

estimate of the timing of the subsequent calls for competition for the

products to be procured or the nature and extent of the services to be

provided and general nature of the work (CPV codes);

(b) Indication of whether the suppliers may tender for some and, or

all the products required.

If, for works contracts, the work or the contract is subdivided into

several lots, the order of size of the different lots and the possibility of

tendering for one, for several or for all the lots;

(c)

For works contracts: information concerning the purpose of the

work or the contract where the latter also involves the drawing-up of

projects.

7. For services

(a)

The nature and quantity of the services to be supplied, including

any options for further procurement and, if possible, the estimated time

available for exercising those options as well as the number of renewals, if

any. In the case of recurring contracts, also, if possible, an estimate of the

timing of the subsequent calls for competition for the services to be procured;

(b) Indication of whether the performance of the service is reserved

by law, regulation or administrative provision to a particular profession;

(c)

Reference of the law, regulation or administrative provision;

(d) Indication of whether legal persons shall indicate the names and

professional qualifications of the staff to be responsible for the performance

of the service;

(e)

Indication of whether service providers may tender for a part of

the services concerned.

8. Where known, indication of whether authorisation to submit variants

exists or not.

9. Time limits for delivery or completion or duration of the contract and,

as far as possible, for starting.

10. Where appropriate, the legal form to be taken by the grouping of

economic operators to whom the contract is awarded.

11. (a)

Final date for receipt of requests to participate;

(b)

Address to which they shall be sent;

(c)

Language or languages in which they shall be drawn up.

12. Where appropriate, any deposits and guarantees required.

13. Main terms concerning financing and payment and, or references to the

provisions in which those are contained.

14. Information concerning the economic operator’s position and the

minimum economic and technical conditions required of him.

15. Criteria referred to in regulation 170 to be used for award of the

contract. Except where the most economically advantageous tender is identified on

the basis of price alone, criteria representing the most economically advantageous

tender as well as their weighting or, where appropriate, the order of importance of

those criteria shall be indicated where they do not appear in the specifications or

will not be indicated in the invitation to negotiate.

16. Where appropriate, the names and addresses of the economic operators

already selected by the contracting entity.

17. Where appropriate, particular conditions to which the performance of

the contract is subject.

18. Where appropriate, the dates and reference(s) of publication in the

Official Journal of the European Union of the periodic information notice or of the

notice of the publication of this notice on the buyer profile to which the contract

refers.

19. Name and address of the body responsible for appeal and, where

appropriate, mediation procedures. Precise information concerning time limits for

lodging appeals, or, if need be, the name, address, telephone number, fax number

and e-mail address of the service from which this information may be obtained.

20. Date of dispatch of the notice by the contracting entity.

21. Any other relevant information.

Schedule 12

Information to be included in the Contract Award Notice

(Regulation 65)

I.

Information for publication in the Official Journal of the European

Union

1. Name, identification number (where provided for in national

legislation), address including NUTS code, telephone, fax number, e-mail and

internet address of the contracting entity and, where different, of the service from

which additional information may be obtained.

2. Main activity exercised.

3. Nature of the contract (supplies, works or services and CPV codes;

where appropriate state if it is a framework agreement).

4. At least a summary indication of the nature and quantity of the products,

works or services provided.

5. (a)

Form of the call for competition (notice on the existence of a

system of qualification; periodic notice; call for tenders);

(b) Date(s) and reference(s) of publication of the notice in the

Official Journal of the European Union;

(c)

In the case of contracts awarded without a prior call for

competition, indication of the relevant provision of regulations 125 to 127.

6. Procurement procedure (open, restricted or negotiated).

7. Number of tenders received, specifying

(a)

number of tenders received from economic operators which are

SMEs,

(b)

number of tenders received from abroad,

(c)

number of tenders received electronically.

In the case of multiple awards (lots, multiple framework agreements), this

information shall be given for each award.

8. Date of the conclusion of the contract(s) or of the framework

agreement(s) following the decision to award or conclude it/them.

9.

10. For each award, name, address including NUTS code, telephone, fax

number, e-mail address and internet address of the successful tenderer(s)

including

(a)

information whether the successful tenderer is an SME,

(b)

information whether the contract was awarded to a consortium.

11. State, where appropriate, whether the contract has been, or may be,

subcontracted.

12. Price paid or the prices of the highest and lowest tenders taken into

account in the award of the contract.

13. Name and address of the body responsible for the appeal and, where

appropriate, mediation procedures. Precise information concerning the time limit

for lodging appeals, or, if need be, the name, address, telephone number, fax

number and e-mail address of the service from which this information may be

obtained.

14. Optional information

-

value and share of the contract which has been or may be

subcontracted to third parties,

-

award criteria.

II.

Information not intended for publication

15. Number of contracts awarded (where an award has been split between

several suppliers).

16. Value of each contract awarded.

17. Country of origin of the product or service (Community origin or non-

Community origin; if the latter, broken down by third country).

18. Which award criteria were used?

19. Was the contract awarded to a tenderer who submitted a variant, in

accordance with regulations 175(1) to (3)?

20. Were any tenders excluded on the grounds that they were abnormally

low, in accordance with regulation 174.

21. Date of transmission of the notice by the contracting entity.

Schedule 13

Contents of the Invitations to Submit a Tender, Participate

in the Dialogue, to Negotiate or to Confirm Interest

(Regulation 73)

1. The invitation to submit a tender, to participate in the dialogue or to

negotiate provided for under regulation 73 must contain at least

(a)

the final date for receipt of tenders, the address to which they are

to be sent, and the language or languages in which they are to be drawn up.

However, in the case of contracts awarded through a competitive

dialogue or an innovation partnership, this information shall not appear in the

invitation to negotiate but it shall appear in the invitation to submit a tender;

(b) in the case of competitive dialogue the date and the address set

for the start of consultation and the language or languages used;

(c)

a reference to any published call for competition;

(d)

an indication of any documents to be attached;

(e)

the criteria for the award of the contract, where they are not

indicated in the notice on the existence of a qualification system used as a

means of calling for competition;

(f)

the relative weighting of the contract award criteria or, where

appropriate, the order of importance of such criteria, if this information is not

given in the contract notice, the notice on the existence of a qualification

system or the specifications.

2. When a call for competition is made by means of a periodic indicative

notice, contracting entities shall subsequently invite all candidates to confirm their

interest on the basis of detailed information on the contract concerned before

beginning the selection of tenderers or participants in negotiations.

This invitation shall include at least the following information

(a)

nature and quantity, including all options concerning

complementary contracts and, if possible, the estimated time available for

exercising those options for renewable contracts, the nature and quantity and,

if possible, the estimated publication dates of future notices of competition

for works, supplies or services to be put out to tender;

(b)

type of procedure: restricted or negotiated;

(c)

where appropriate, the date on which the delivery of supplies or

the execution of works or services is to commence or terminate;

(d) where electronic access cannot be offered, the address and

closing date for the submission of requests for procurement documents and

the language or languages in which they are to be drawn up;

(e)

the address of the contracting entity;

(f)

economic and technical conditions, financial guarantees and

information required from economic operators;

(g) the form of the contract which is the subject of the invitation to

tender: purchase, lease, hire or hire-purchase, or any combination of those;

and

(h) the contract award criteria and their weighting or, where

appropriate, the order of importance of such criteria, if this information is not

given in the indicative notice or the specifications or in the invitation to

tender or to negotiate.

Schedule 14

List of International Social and Environmental Conventions

ILO Convention 87 on Freedom of Association and the Protection of the

Right to Organise;

ILO Convention 98 on the Right to Organise and Collective Bargaining;

ILO Convention 29 on Forced Labour;

ILO Convention 105 on the Abolition of Forced Labour;

ILO Convention 138 on Minimum Age;

ILO Convention 111 on Discrimination (Employment and Occupation);

ILO Convention 100 on Equal Remuneration;

ILO Convention 182 on Worst Forms of Child Labour;

Vienna Convention for the protection of the Ozone Layer and its

Montreal Protocol on substances that deplete the Ozone Layer;

Basel Convention on the Control of Transboundary Movements of

Hazardous Wastes and their Disposal (Basel Convention);

Stockholm Convention on Persistent Organic Pollutants (Stockholm

POPs Convention);

Convention on the Prior Informed Consent Procedure for Certain

Hazardous Chemicals and Pesticides in International Trade (UNEP/

FAO) (The PIC Convention) Rotterdam, 10/09/1998 and its 3 regional

Protocols.

Schedule 15

Information to be included in Notices of Modifications of a

Contract during its term

(Regulation 177(1))

1. Name, identification number (where provided for in national

legislation), address including NUTS code, telephone, fax number, e-mail and

internet address of the contracting entity and, where different, of the service from

which additional information may be obtained.

2. Main activity exercised.

3. CPV codes.

4. NUTS code for the main location of works in case of works or NUTS

code for the main place of delivery or performance in supplies and service.

5. Description of the procurement before and after the modification: nature

and extent of the works, nature and quantity or value of supplies, nature and extent

of services.

6. Where applicable, increase in price caused by the modification.

7. Description of the circumstances which have rendered necessary the

modification.

8. Date of contract award decision.

9. Where applicable, the name, address including NUTS code, telephone,

fax number, e-mail address and internet address of the new economic operator or

operators.

10. Information whether the contract is related to a project and, or

programme financed by Union funds.

11. Name and address of the body responsible for review and, where

appropriate, mediation procedures. Precise information concerning the deadline

for review procedures, or if need be the name, address, telephone number, fax

number and e-mail address of the service from which this information may be

obtained.

Schedule 16

Services

(Regulation 134)

CPV Code

79611000-0; 75200000-8; 75231200-6; 75231240-8; 79622000-0

[Supply services of domestic help personnel]; 79624000-4 [Supply

services of nursing personnel] and 79625000-1 [Supply services of

medical personnel] from 85000000-9 to 85323000-9; 85143000-3,

98133100-5, 98133000-4 and 98200000-5 and 98500000-8 [Private

households with employed persons] and 98513000-2 to 98514000-9

[Manpower services for households, Agency staff services for

households, Clerical staff services for households, Temporary staff

for households, Home-help services and Domestic services]

85321000-5 and 85322000-2, 75000000-6 [Administration, defence

and social security services], 75121000-0, 75122000-7, 75124000-1;

from 79995000-5 to 79995200-7; from 80000000-4 Education and

training services to 80660000-8; from 92000000-1 to 92342200-2;

from 92360000-2 to 92700000-8;

79950000-8 [Exhibition, fair and congress organisation services],

79951000-5 [Seminar organisation services], 79952000-2 [Event

services], 79952100-3 [Cultural event organisation services],

79953000-9 [Festival organisation services], 79954000-6 [Party

organisation services], 79955000-3[Fashion shows organisation

services], 79956000-0 [Fair and exhibition organisation services]

75300000-9

75310000-2, 75311000-9, 75312000-6, 75313000-3, 75313100-4, Benefit services

75314000-0, 75320000-5, 75330000-8, 75340000-1

98000000-3; 98120000-0; 98132000-7; 98133110-8 and 98130000-3 Other community, social

98131000-0

CPV Code

55100000-1 to 55410000-7; 55521000-8 to 55521200-0 [55521000-8

Catering services for private households, 55521100-9 Meals-on-

wheels services, 55521200-0 Meal delivery service]. 55520000-1

Catering services, 55522000-5 Catering services for transport

enterprises, 55523000-2 Catering services for other enterprises or

other institutions, 55524000-9 School catering services 55510000-8

Canteen services, 55511000-5 Canteen and other restricted-clientele

cafeteria services, 55512000-2 Canteen management services,

55523100-3 School-meal services

79100000-5 to 79140000-7; 75231100-5

75100000-7 to 75120000-3; 75123000-4; 75125000-8 to 75131000-3

75200000-8 to 75231000-4

75231210-9 to 75231230-5; 75240000-0 to 75252000-7; 794300000-

7; 98113100-9

79700000-1 to 79721000-4 [Investigation and security services,

Security services, Alarm-monitoring services, Guard services,

Surveillance services, Tracing system services, Absconder-tracing

services, Patrol services, Identification badge release services,

Investigation services and Detective agency services] 79722000-

1[Graphology services], 79723000-8 [Waste analysis services]

98900000-2 [Services provided by extra-territorial organisations and International services

bodies] and 98910000-5 [Services specific to international

organisations and bodies]

64000000-6 [Postal and telecommunications services], 64100000-7 Postal Services

[Post and courier services], 64110000-0 [Postal services], 64111000-

7 [Postal services related to newspapers and periodicals], 64112000-4

[Postal services related to letters], 64113000-1 [Postal services

related to parcels], 64114000-8 [Post office counter services],

64115000-5 [Mailbox rental], 64116000-2 [Post-restante services],

64122000-7 [Internal office mail and messenger services]

50116510-9 [Tyre-remoulding services], 71550000-8 [Blacksmith Miscellaneous services

services]

Schedule 17

Information to be included in Notices concerning Contracts

for Social and Other Specific Services

(Regulation 135)

Part A

Contract notice

1. Name, identification number (where provided for in national

legislation), address including NUTS code, telephone, fax number, e-mail and

internet address of the contracting entity and, where different, of the service from

which additional information may be obtained.

2. Main activity exercised.

3. Description of the services or categories thereof and where applicable,

incidental works and supplies to be procured, including an indication of the

quantities or values involved, CPV codes.

4. NUTS code for the main place of performance of the services.

5. Where appropriate, state whether the contract is reserved for sheltered

workshops or whether its performance is reserved in the context of sheltered

employment programmes.

6. Main conditions to be fulfilled by the economic operators in view of

their participation, or, where appropriate, the electronic address where detailed

information may be obtained.

7. Time limit(s) for contacting the contracting entity in view of

participation.

8. Any other relevant information.

Part B

Periodic indicative notice

1. Name, identification number (where provided for in national

legislation), address including NUTS code, e-mail and internet address of the

contracting entity.

2. Brief description of the contract in question including CPV codes.

3. As far as already known

(a)

NUTS code for the main location of works in case of works or

NUTS code for the main place of delivery or performance in case of supplies

and services,

(b)

time-frame for delivery or provision of supplies, works or

services and duration of the contract,

(c)

conditions for participation, including

(i) where appropriate, indication whether the contract is

restricted to sheltered workshops, or whether its execution is restricted

to the framework of protected job programmes,

(ii) where appropriate, indication whether the execution of the

service is reserved by law, regulation or administrative provision to a

particular profession,

(d) brief description of the main features of the award procedure to

be applied.

4. A reference to the fact that interested economic operators shall advise

the contracting entity of their interest in the contract or contracts and time limits

for receipt of expressions of interest and address to which expressions of interest

shall be transmitted.

Part C

Notice on the existence of a qualification system

1. Name, identification number (where provided for in national

legislation), address including NUTS code, e-mail and internet address of the

contracting entity.

2. Brief description of the contract in question including CPV codes.

3. As far as already known

(a)

NUTS code for the main location of works in case of works or

NUTS code for the main place of delivery or performance in case of supplies

and services,

(b)

time-frame for delivery or provision of supplies, works or

services and duration of the contract,

(c)

conditions for participation, including

(i) where appropriate, indication whether the contract is

restricted to sheltered workshops, or whether its execution is restricted

to the framework of protected job programmes,

(ii) where appropriate, indication whether the execution of the

service is reserved by law, regulation or administrative provision to a

particular profession,

(d)

brief description of the main features of the award procedure to

be applied.

4. A reference to the fact that interested economic operators shall advise

the contracting entity of their interest in the contract or contracts and time limits

for receipt of expressions of interest and address to which expressions of interest

shall be transmitted.

5. Period of validity of the qualification system and the formalities for its

renewal.

Part D

Contract award notice

1. Name, identification number (where provided for in national

legislation), address including NUTS code, telephone, fax number, e-mail and

internet address of the contracting entity and, where different, of the service from

which additional information may be obtained.

2. Main activity exercised.

3. At least a summary indication of the nature and quantity of the services

and where applicable, incidental works and supplies provided.

4. Reference of publication of the notice in the Official Journal of the

European Union.

5. Number of tenders received.

6. Name and address of the chosen economic operator(s).

7. Any other relevant information.

Schedule 18

Information to be included in the Design Contest Notice

(Regulation 68(1)

1. Name, identification number (where provided for in national

legislation), address including NUTS code, telephone, fax number, e-mail and

internet address of the contracting entity and, where different, of the service from

which additional information may be obtained.

2. Main activity exercised.

3. Project description (CPV codes).

4. Nature of the contest: open or restricted.

5. In the case of open contests: final date for receipt of projects.

6. In the case of restricted contests

(a)

the number of participants envisaged, or range;

(b)

where applicable, names of participants already selected;

(c)

criteria for the selection of participants;

(d)

final date for receipt of requests to participate.

7. Where applicable, indication of whether participation is reserved to a

particular profession.

8. Criteria to be applied in the evaluation of projects.

9. Where applicable, names of the selected members of the jury.

10. Indication of whether the decision of the jury is binding on the

authority.

11. Where applicable, number and value of prizes.

12. Where applicable, details of payments to all participants.

13. Indication of whether the prize-winners are permitted any follow-up

contracts.

14. Name and address of the body responsible for the appeal and, where

appropriate, mediation procedures. Precise information concerning the time limit

for lodging appeals, or, if need be, the name, address, telephone number, fax

number and e-mail address of the service from which this information may be

obtained.

15. Date of dispatch of the notice.

16. Any other relevant information.

Schedule 19

Information to be included in the Results of Design Contest Notices

(Regulation 68(1)

1. Name, identification number (where provided for in national

legislation), address including NUTS code, telephone, fax number, e-mail and

internet address of the contracting entity and, where different, of the service from

which additional information may be obtained.

2. Main activity exercised.

3. Project description (CPV codes).

4. Total number of participants.

5. Number of foreign participants.

6. Winner(s) of the contest.

7. Where applicable, the prize(s).

8. Other information.

9. Reference of the design contest notice.

10. Name and address of the body responsible for the appeal and, where

appropriate, mediation procedures. Precise information concerning the time limit

for lodging appeals, or, if need be, the name, address, telephone number, fax

number and e-mail address of the service from which this information may be

obtained.

11. Date of dispatch of the notice.

B

€12.24