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Document 02016D0002-20200501
Decision (EU) 2016/245 of the European Central Bank of 9 February 2016 laying down the rules on procurement (ECB/2016/2) (recast)
Consolidated text: Decision (EU) 2016/245 of the European Central Bank of 9 February 2016 laying down the rules on procurement (ECB/2016/2) (recast)
Decision (EU) 2016/245 of the European Central Bank of 9 February 2016 laying down the rules on procurement (ECB/2016/2) (recast)
02016D0002 — EN — 01.05.2020 — 002.001
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DECISION (EU) 2016/245 OF THE EUROPEAN CENTRAL BANK of 9 February 2016 laying down the rules on procurement (ECB/2016/2) (OJ L 045 20.2.2016, p. 15) |
Amended by:
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Official Journal |
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No |
page |
date |
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DECISION (EU) 2016/956 OF THE EUROPEAN CENTRAL BANK of 7 June 2016 |
L 159 |
21 |
16.6.2016 |
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DECISION (EU) 2020/380 OF THE EUROPEAN CENTRAL BANK of 18 February 2020 |
L 69 |
41 |
6.3.2020 |
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DECISION (EU) 2016/245 OF THE EUROPEAN CENTRAL BANK
of 9 February 2016
laying down the rules on procurement (ECB/2016/2)
(recast)
CHAPTER I
GENERAL RULES
Article 1
Definitions
For the purposes of this Decision, the following definitions apply:
‘contracts’ means contracts for pecuniary interest concluded in writing between the ECB and one or more suppliers and having as their subject matter the execution of works, the supply of products or the provision of services;
‘supply contracts’ means contracts having as their subject matter the purchase, lease, rental or hire purchase, with or without an option to buy, of products. A contract having as its subject matter the supply of products and which also covers, as an incidental matter, siting and installation operations shall be considered a supply contract;
‘service contracts’ means contracts, other than those referred to in point (2), having as their subject matter the provision of services. A contract having as its subject matter the provision of services including activities related to works that are only incidental to the principal subject matter of the contract shall be considered a service contract;
‘works contracts’ means contracts, other than those referred to in points (2) and (3), having as their subject matter either the execution, or both the design and execution, of works. 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;
‘concession contracts’ means contracts having as their subject matter either the provision of services or the execution of works, whose reward mainly consists of a permission granted by the ECB to exploit these works or to provide services to others;
‘deliverables’ means the works to be executed, services to be provided or products to be supplied under a contract;
‘innovation partnership’ means a procedure in which any supplier may request to participate and where the ECB sets up a partnership with one or more candidates admitted to that procedure with the aim of developing and purchasing innovative products, services or works;
‘dynamic purchasing system’ means a completely electronic process for purchasing commonly used deliverables, the characteristics of which, as generally available on the market, meet the ECB’s requirements;
‘framework agreement’ means an agreement between the ECB and one or more suppliers, the purpose of which is to establish the terms governing the specific contracts to be awarded during a given period, in particular with regard to price and, where appropriate, the quantity envisaged;
‘supplier’ means any natural or legal person or public entity or group of such persons and/or entities which offers on the market the execution of works, the supply of products or the provision of services;
‘candidate’ means a supplier that has submitted an application to participate in a restricted or negotiated procedure, a competitive dialogue or an innovation partnership;
‘tenderer’ means a supplier that has submitted a tender;
‘research and development contracts in the field of banknote security’ means contracts related to theoretical work or practical experimentation, analysis or research carried out under controlled conditions either:
Research and development contracts in the field of banknote security do not include contracts for the pilot printing of euro banknotes;
‘open procedure’ means a procedure in which any interested supplier may submit a tender;
‘restricted procedure’ means a procedure in which any supplier may request to participate but only those candidates invited by the ECB may submit a tender;
‘negotiated procedure’ means a procedure in which the ECB consults the suppliers of its choice and negotiates the terms of any contract with one or more of them;
‘competitive dialogue’ means a procedure in which any supplier may request to participate and where the ECB conducts a dialogue with the candidates admitted to that procedure, with the aim of developing one or more suitable alternatives capable of meeting its requirements;
‘electronic auction’ means a repetitive process involving an electronic system in which new prices, revised downwards, and/or new values concerning certain elements of tenders are presented, which occurs after an initial full evaluation of the tenders, and which enables them to be ranked using automatic evaluation methods;
‘invitation to tender’ means the invitation sent to candidates or suppliers to submit a tender and specifying the procedure, the ECB's requirements and the contractual terms and conditions;
‘days’ means calendar days;
‘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;
‘call for expression of interest’ means a procedure to establish a list of suitable suppliers that may be invited to participate in procurement procedures.
Article 2
Scope
This Decision shall not apply to:
cooperation agreements:
that serve the fulfilment of the public tasks of the Eurosystem or the European System of Central Banks, which are entered into by the ECB and NCBs; or
that serve the fulfilment of public tasks, which are entered into by the ECB and other Union institutions and bodies, international organisations or public authorities;
where the cooperation is governed solely by considerations relating to the public interest, in particular the achievement of common, non-commercial objectives and the parties perform less than 20 % of the relevant activities on the open market;
procurement procedures in which the ECB participates organised by any of the following: (i) Union institutions and bodies; (ii) international organisations; or (iii) public authorities, in each case provided that the rules governing these procurement procedures are in line with the general principles of Union procurement law;
the procurement of banknotes, which is governed by Guideline (EU) 2015/280 of the European Central Bank (ECB/2014/44) ( 1 );
the issue, sale, purchase or transfer of securities or other financial instruments and financial services in connection with these transactions;
the acquisition or rental, by whatever financial means, of land, existing buildings or other immovable property or concerning rights thereon;
employment contracts between the ECB and its staff concluded in accordance with the ECB's Conditions of Employment;
arbitration and conciliation services;
research and development services unless the benefits related to the services accrue exclusively to the ECB for its own use and the services provided are wholly remunerated by the ECB;
contracts for broadcasting time or programme provision that are awarded to audiovisual or radio media services providers;
contracts relating to the legal representation of the ECB during or in preparation for (i) judicial proceedings before the courts, tribunals or public authorities of a Members State or a third country or before international courts, tribunals or institutions or (ii) arbitration proceedings; and contracts for the exclusive services of notaries, trustees and court officials;
public passenger transport services by rail or metro.
This Decision shall apply to the following contracts subsidised directly by the ECB by more than 50 %:
works contracts the estimated value of which, net of VAT, is equal to or exceeds the threshold amount set out in Article 4(3) for works contracts, and which have as their subject matter civil engineering activities or building work for facilities intended to be used for administrative, sports, health, recreation and leisure or school and university purposes;
service contracts which are connected to a works contract referred to in point (a) the estimated value of which, net of VAT, is equal to or exceeds the threshold amount set out in Article 4(3) for service contracts.
The ECB shall ensure that such contracts are awarded in accordance with this Decision, even if such contracts are awarded by another entity or if the ECB awards such contracts on behalf of another entity.
Article 3
General principles
Article 4
Contract value thresholds
The following thresholds shall apply:
for supply and service contracts: the threshold for public supply and service contracts awarded by contracting authorities set out in point (c) of Article 4 of Directive 2014/24/EU;
for works contracts: the threshold for public works contracts set out in point (a) of Article 4 of Directive 2014/24/EU;
for concession contracts: the threshold for concession contracts set out in Article 8(1) of Directive 2014/23/EU of the European Parliament and of the Council ( 2 ).
Article 5
Calculation of the estimated value of a contract
With regard to contracts for the continuous supply of products and services, the value to be taken as a basis for calculating the estimated contract value shall, where appropriate, be the following:
in the case of fixed-term contracts: the total value for the full term;
in the case of contracts without a fixed term: the monthly value multiplied by 48.
Article 6
Exceptions
In the following cases the ECB may deviate from specific procedural requirements or award a contract directly to one supplier:
where, for mandatory reasons and in accordance with objective criteria, the contract can be awarded only to one particular supplier. These reasons may be of a technical, artistic or legal nature, including the exercise of exclusive rights established in accordance with applicable law, but not of an economic nature;
where, for reasons of extreme urgency brought about by events unforeseeable to the ECB, the time limits for a procurement procedure cannot be complied with;
where the ECB has classified the contract as secret or where the performance of the contract must be accompanied by special security measures, in accordance with the ECB's rules on security or where protection of the ECB's essential interests so requires. Research and development contracts in the field of banknote security require special security measures and are therefore exempt from the requirements laid down in this Decision;
in the case of supply contracts where the products involved are manufactured purely for the purpose of research, experimentation, study or development; this provision does not extend to quantity production to establish commercial viability or to recover research and development costs;
where deliverables are purchased on particularly advantageous terms from either a supplier which is definitively winding up its business activities or the receivers or liquidators appointed following a bankruptcy, an arrangement with creditors, or a similar procedure under national laws or regulations;
in the case of additional products acquired under a supply contract that replace or extend the initial products or installations, where a change of supplier would lead to disproportionate difficulties in operation and maintenance. The duration of contracts relating to such additional products shall not exceed 3 years; and
in other cases expressly provided for in this Decision.
In all the cases set out in the first subparagraph the ECB shall maintain competition between several suitable suppliers whenever possible.
Article 7
Duration and extension of contracts
If a contract is concluded for a fixed term, its term may be extended beyond that initial term under the following conditions:
the contract notice or, in the case of a procedure under Chapter III, the request for a proposal, provided for the possibility of extension;
the extension is duly justified; and
the extensions were taken into consideration when determining the applicable procedure in accordance with Article 4.
Article 8
Amendments to contracts during their term
►M2 The ECB may amend a contract where the amendment, irrespective of its value, has been provided for in the initial procurement documents in clear, precise and unequivocal review clauses, which may include price revision clauses, or options: ◄
the procurement documents include clear and precise review or option clauses that provide for additional products, services or works; and
the additional products, services or works were taken into account when calculating the value of the contract in accordance with Article 5.
The clauses shall state the scope and nature of possible reviews or options and the conditions under which they may be used. They shall not provide for reviews or options that would alter the overall nature of the initial contract.
Amendments shall be considered substantial if they change the overall nature of the contract, in particular where one or more of the following conditions are met:
the amendment introduces conditions which, had they been part of the initial procurement procedure, would have allowed for the admission of candidates other 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;
the amendment changes the economic balance of the contract in favour of the contractor in a manner which was not provided for in the initial contract;
the amendment extends the scope of the contract considerably;
a new contractor replaces the one to which the initial contract was awarded in cases other than those provided for in paragraph 4.
Amendments shall be considered not to be substantial in any circumstances if their cumulative value remains below (a) the relevant threshold set out in Article 4(3), and (b) 10 % of the initial contract value for supply and service contracts or 15 % of the initial contract value for works contracts.
In addition, the ECB may amend a contract in the following cases:
where the need for an amendment has been brought about by circumstances which the ECB acting diligently, could not have foreseen, provided that the amendment does not alter the overall nature of the initial contract; or
where additional products, services, or works have become necessary which cannot be technically or economically separated from the initial contract without significant inconvenience or substantial duplication of costs.
However, the increase in price shall in each single case not exceed 50 % of the initial value of the contract.
A contract may be amended by replacing the contractor to which it was awarded with another contractor, as a consequence of either:
an unequivocal, clear and precise review or option clause;
the universal or partial succession into the position of the initial contractor, following corporate restructuring, including takeover, merger, acquisition or insolvency, of another supplier that fulfils the same criteria as were initially applied for the selection of the initial contractor, provided that this does not entail other substantial amendments to the contract and is not aimed at circumventing the application of this Decision; or
the ECB assuming the obligations towards the contractor's subcontractors including the obligation to make payments directly to the subcontractors, where this is provided for in the contract.
CHAPTER II
PUBLIC TENDER PROCEDURES
Article 9
Overview
SECTION 1
Types of procedure and conduct of the procedure
Article 10
Open procedure
Article 11
Restricted procedure
▼M2 —————
Article 12
Negotiated procedure
The ECB may apply a negotiated procedure if:
the ECB's needs cannot be met without the adaptation of readily available solutions, or require design or innovative solutions;
the contract cannot be awarded without prior negotiations because of the deliverables' specific nature, complexity, legal and financial character and the corresponding risks; or
the technical specifications cannot be established with sufficient precision with reference to a technical standard or reference.
Following the evaluation of the tenders, the ECB may negotiate with tenderers in order to bring their tenders in line with the ECB's requirements. The ECB may start negotiations either:
with the best-ranked tenderer. If the negotiations with the best-ranked tenderer fail, the ECB may take up negotiations with the next-ranked tenderer; or
simultaneously with several tenderers whose tenders best meet the award criteria. The number of tenderers admitted to the negotiations may be reduced in successive stages by applying the award criteria set out in the contract notice or the invitation to tender.
Before starting negotiations, the ECB shall inform all tenderers eligible to participate in negotiations on how the negotiations will be conducted.
The ECB may award contracts on the basis of the initial tenders without negotiation.
Article 13
Competitive dialogue
Article 14
Innovation partnership
SECTION 2
Electronic procurement
Article 15
Electronic tender procedures
The ECB may carry out electronic tender procedures in line with the general requirements for electronic procurement set out in Article 22 of Directive 2014/24/EU in conjunction with Annex IV thereto. In such cases, the contract notice shall specify in particular the formal requirements to be observed by the candidates or tenderers and how to access the electronic platform. The ECB may determine that it will accept only electronic applications and tenders unless there are technical reasons relating to equal access, operability, or security which make this impracticable.
Article 16
Electronic auctions
The electronic auction shall be based either:
solely on prices where the contract is awarded on the basis of price only; or
on prices and/or on the new values of the features of the tenders indicated in the specification, where the contract is awarded on the basis of the best price-quality ratio.
If the ECB intends to carry out an electronic auction it shall state so in the contract notice. The procurement documents shall include, inter alia, the following details:
the features and the values that shall be the subject of electronic auction, provided that such features are quantifiable and can be expressed in figures or percentages;
any limits on the values which may be submitted resulting from the specifications;
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;
any relevant information concerning the electronic auction process;
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; and
any relevant information concerning the electronic equipment used and the arrangements and technical specifications for connection.
Article 17
Electronic catalogues
Where the presentation of tenders in the form of an electronic catalogue is accepted or required, the ECB shall:
state this in the contract notice;
indicate in the procurement documents all the necessary information pursuant to Article 22(6) of Directive 2014/24/EU concerning the format, the electronic equipment used and the technical connection arrangements and specifications for the catalogue.
Where a framework agreement has been concluded with more than one supplier by means of electronic catalogues, a reopening of competition for specific contracts may take place on the basis of updated catalogues. In such a case the ECB may:
invite tenderers to resubmit their electronic catalogues, adapted to the requirements of the contract in question; or
if the procurement documents so provide, notify tenderers that the ECB intends to collect from the electronic catalogues which have already been submitted the information needed to compile tenders for the contract in question.
Where competition is reopened in accordance with point (b), the ECB shall notify tenderers of the date and time at which the information will be collected and give them the option of refusing such collection of information. The ECB shall allow for an adequate period between the notification and the actual collection of information. Before the ECB awards the contract, the tenderer concerned shall have the opportunity to confirm that the tender thus compiled does not contain any material errors.
SECTION 3
Special rules for certain types of contracts
Article 18
Framework agreements
Specific contracts based on the framework agreement shall be awarded in accordance with the procedures laid down in this Article.
Where framework agreements are concluded with several suppliers, specific contracts may be awarded either:
by application of the criteria laid down in the framework agreements without reopening a competition;
where no such criteria are defined, by reopening a competition among the suppliers with which a framework agreement exists; or
by applying in some cases the criteria laid down in the framework agreements without reopening competition as specified in point (a) and in other cases reopening a competition among the suppliers with which a framework agreement exists as specified in point (b), provided that the procurement documents for the framework agreement provide for the possibility to choose between the two options, contain binding objective criteria governing this choice and specify the provisions which may be subject to reopening of competition.
If a competition is reopened in accordance with point (b), the ECB shall award a specific contract in accordance with the following procedure:
Whenever competition is reopened in accordance with points (b) or (c), Article 36(1) and (2) shall apply accordingly.
Article 19
Dynamic purchasing systems
For the purposes of setting up a dynamic purchasing system, the ECB shall:
publish a contract notice stating that a dynamic purchasing system is being used, indicating the nature of the purchases envisaged under the system, its validity period, the selection and award criteria, and all necessary information concerning the electronic equipment used and the technical connection arrangements and specifications. The notice shall specify a time limit of no less than 30 days within which suppliers may apply to participate; and
offer by electronic means, starting from publication of the notice and up to the expiry of the system, unrestricted, direct and full access to the tender conditions and to any additional documents.
Article 20
Concession contracts
The award procedure for concession contracts shall be governed by this Decision subject to the following modifications:
the calculation of the estimated value of concession contracts shall take account of the estimated total turnover, net of VAT, generated by the contractor through the performance of the concession contract during its term;
concession contracts shall always be limited in term. The duration shall not exceed the period that a concessionaire could reasonably be expected to take to recoup the investments made and to obtain a financial return.
SECTION 4
Launching the procurement procedure
Article 21
Publication of procurement opportunities
Article 22
Call for expression of interest
Article 23
Time limits for receipt of applications and tenders
In the case of restricted procedures, negotiated procedures, competitive dialogues, innovation partnerships and design contests:
the minimum time limit for receipt of applications shall be 30 days from the date on which the contract notice was sent to the Official Journal; and
the minimum time limit for the receipt of tenders shall be 30 days from the date on which the invitation to tender was sent to the tenderers.
In the case of open procedures, restricted procedures and negotiated procedures, the ECB may apply an accelerated procedure, where duly substantiated urgency renders impracticable the time limits laid down in this Article. In this case the following minimum time limits shall apply:
for open procedures a time limit for the receipt of tenders which is not less than 15 days from the date on which the contract notice was sent; and
for restricted procedures and negotiated procedures a time limit for the receipt of applications which shall be not less than 15 days from the date on which the contract notice was sent, and a time limit for the receipt of tenders which shall be not less than 10 days from the date on which the invitation to tender was sent to the tenderers.
Article 24
Invitation to tender
▼M1 —————
An invitation to tender shall contain at least:
a reference to the contract notice;
full information, where applicable, on the electronic availability of, and access to, the procurement documents;
the formal tender requirements, in particular the time limit for the receipt of the tenders, the address to which the tenders must be sent, the language or languages in which the tenders must be drawn up, the format in which the tender must be submitted and the period during which a tender must remain valid;
options concerning additional products, services and works, as well as the number of possible renewals and extensions to the contract, if any;
the list of documents to be submitted by the tenderers; and
the relative weighting of criteria for the award of the contract or, where appropriate, the descending order of importance for such criteria, if they are not specified in the contract notice.
The invitation to tender shall also include:
a copy of the specifications defining the ECB's requirements or, in the case of a competitive dialogue or innovation partnership, a copy of the request for a proposal defining the ECB's needs;
a copy of the draft contract, of the ECB's general terms and conditions or of the document specifying the key features of the contract; and
any other documentation which the ECB considers to be of relevance.
Article 25
Specifications
SECTION 5
Information exchange
Article 26
Communication with candidates and tenderers
Article 27
Requests for additional documentation and clarification
After the ECB has opened applications or tenders, it may request candidates or tenderers to submit, supplement, clarify or complete information or documentation which is or appears to be missing, incomplete or erroneous within an appropriate time limit. Such requests shall be made in full compliance with the principles of equal treatment and transparency; in particular, they shall not lead to any preferential treatment, give a competitive advantage, or change the terms of an application or tender.
Article 28
Rectification of procurement documents and time limit for and preclusion of objections
SECTION 6
Evaluation
Article 29
General principles
The ECB shall evaluate all tenders against the award criteria set out in Article 32 after having:
Article 30
Eligibility of candidates and tenderers
►M2 Candidates and tenderers shall submit only one application or tender. ◄ The ECB may exclude from participation any candidates or tenderers that submit a separate application or tender and which:
are members of the same group of affiliated undertakings as another candidate or tenderer;
are members of a temporary grouping together with other candidates or tenderers; or
offer a substantial part of the contract to be awarded to another candidate or tenderer as subcontractor,
if there are indications that they have received information regarding the application or tender prepared by another candidate or tenderer or if the submission of multiple applications or tenders otherwise distorts free competition among candidates or tenderers.
The ECB may exclude candidates or tenderers from participation at any time if:
they are bankrupt, being wound up, subject to administration or in any similar situation provided for in national legislation or regulations;
they are guilty of grave professional misconduct, which renders their integrity questionable;
they are in breach of obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or where the contract is to be performed;
they have shown significant or persistent deficiencies in the performance of another public contract, or with their obligations under environmental, social and labour law;
they or their management, staff or agents are subject to a conflict of interest that cannot be remedied by less intrusive means;
they are guilty of serious misrepresentation in supplying the information required by the ECB; or
they contact other candidates or tenderers with the purpose of restraining competition, or try to unduly influence the decision-making process in the procurement procedure.
Article 31
Selection criteria
Article 32
Award criteria
Unless otherwise provided in this Decision, the most economically advantageous tender is identified on the basis of one of the following options:
The best price-quality ratio shall be assessed on the basis of criteria, including qualitative, environmental and/or social aspects linked to the subject matter of the contract, such as:
quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, social, environmental and innovative characteristics and trading and the conditions thereof;
organisational structure, qualifications and experience of staff assigned to perform the contract, where staff quality can have a significant impact on the level of performance of the contract; or
after-sales service and technical assistance, delivery conditions such as delivery date, delivery process and delivery period, or period of completion.
Article 33
Abnormally low tenders
The ECB shall request in writing explanations of prices or costs proposed in tenders that appear to be abnormally low in relation to the products, works or services tendered. The request may relate in particular to:
the economics of the manufacturing process, of the provision of services or of the construction method;
the technical solutions chosen or any exceptionally favourable conditions available to the tenderer;
the originality of the deliverables proposed in the tender;
compliance with the provisions of environmental, social security and labour law in force at the place where the deliverables are to be executed, provided or supplied; and
the tenderer's possibility to obtain State aid.
Following a review of the information submitted by the tenderer, the ECB may reject abnormally low tenders, in particular in the following cases:
SECTION 7
Communication of the outcome
Article 34
Notification of selection and award decisions
CHAPTER III
PROCUREMENT PROCEDURE FOR CONTRACTS BELOW THE THRESHOLDS AND SERVICE CONTRACTS REFERRED TO IN ARTICLE 6(2)
Article 35
Conduct of the procedure
Contracts the estimated value of which is below the thresholds specified in Article 4(3) and service contracts referred to in Article 6(2) shall be awarded in accordance with the following procedure.
If the value of the contract net of VAT exceeds or is equal to EUR 50 000 for products and services or EUR 500 000 for works, the ECB shall invite at least five suitable suppliers, if available, to submit a tender.
If the value of contract net of VAT is below these thresholds but equal to or above EUR 20 000 , the ECB shall invite at least three suitable suppliers, if available, to submit a tender.
The ECB shall select the suppliers invited to participate in the tender procedure either from among the tenderers admitted to a dynamic purchasing system or, where no such system is in place, from a list of suitable suppliers drawn up following a call for expression of interest. Where no such list is established, the ECB shall select the suppliers to be invited at its own discretion, on the basis of a proper market analysis, taking account of any possible cross-border interest, confirming the suppliers' suitability and their interest in participating in the procedure. The market analysis may include a publication of the contract opportunity in an electronic procurement system. Alternatively, the ECB may publish a contract notice on its website or using other appropriate media. In that case, the suppliers invited to participate in the tender procedure shall be selected on the basis of the responses received. Other suppliers that meet the same criteria may also be invited to participate in the tender procedure.
If the value of a service contract referred to in Article 6(2) net of VAT exceeds or is equal to EUR 750 000 , the ECB shall publish a contract notice in the Official Journal. The suppliers invited to participate in the tender procedure shall be selected on the basis of the responses received. Other suppliers that meet the same criteria may also be invited to participate in the tender procedure.
The ECB shall provide the suppliers invited to participate in the tender procedure with a request for a proposal specifying the ECB's requirements, the submission process and the criteria for the award of the contract. When fixing the time limit for the submission of tenders, the ECB shall take account of the complexity of the contract and the time required to prepare a tender.
The tenders received shall be evaluated against the formal requirements and the selection and award criteria set out in the request for a proposal. Following the evaluation of the written tenders, the ECB may enter into negotiations with the tenderers if that possibility was mentioned in the request for a proposal. The negotiations may be carried out as consecutive negotiations in the order of the tenderers' ranking or as parallel negotiations with several tenderers whose tenders best meet the award criteria.
The ECB shall award the contract to the tenderer whose tender best meets the award criteria set out in the request for a proposal.
The procurement procedure shall be carried out in accordance with the general principles set out in Article 3. Article 9(6) and (7), Article 13(5) and (6) and Articles 18, 19, 20, 26, 27, 28, 30 and 33 shall apply accordingly.
Article 36
Notification of award decision and list of contractors
Notwithstanding paragraph 1 and the first subparagraph of this paragraph, Article 34(1) to (4) shall apply when the ECB awards through the procedure specified in Article 35(4) a service contract referred to in Article 6(2) with a value net of VAT that exceeds or is equal to EUR 750 000 , provided that there is a clear cross-border interest.
Article 37
Direct award
The ECB may award contracts on the basis of a single offer if the estimated value of the contract is less than EUR 20 000 , net of VAT.
CHAPTER IV
FINAL PROVISIONS
Article 38
Cancellation of tender procedures
Article 39
Appeal procedure
Article 40
Jurisdiction
The Court of Justice of the European Union shall have exclusive jurisdiction in any dispute between the ECB and a supplier relating to this Decision or a specific procurement procedure. If an appeal procedure is available under Article 39, the appellant shall await the ECB's decision on the appeal before bringing the matter to the Court of Justice. The time limits set out in the Treaty on the Functioning of the European Union shall begin to run from receipt of the appeal decision by the supplier.
Article 41
Entry into force
ANNEX I
SERVICES SUBJECT TO ARTICLE 6(2)
|
CPV Code |
Description |
|
75200000-8; 75231200-6; 75231240-8; 79611000-0; 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; 98133100-5, 98133000-4; 98200000-5; 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] |
Health, social and related 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 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] |
Administrative social, educational, healthcare and cultural services |
|
75300000-9 |
Compulsory social security services |
|
75310000-2, 75311000-9, 75312000-6, 75313000-3, 75313100-4, 75314000-0, 75320000-5, 75330000-8, 75340000-1 |
Benefit services |
|
98000000-3; 98120000-0; 98132000-7; 98133110-8 and 98130000-3 |
Other community, social and personal services including services furnished by trade unions, political organisations, youth associations and other membership organisation services. |
|
98131000-0 |
Religious services |
|
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 |
Hotel and restaurant services |
|
79100000-5 to 79140000-7; 75231100-5; |
Legal services, to the extent not excluded pursuant to Article 2(3)(j) |
|
75100000-7 to 75120000-3; 75123000-4; 75125000-8 to 75131000-3 |
Other administrative services and government services |
|
75200000-8 to 75231000-4 |
Provision of services to the community |
|
75231210-9 to 75231230-5; 75240000-0 to 75252000-7; 794300000-7; 98113100-9 |
Prison related services, public security and rescue services |
|
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] |
Investigation and security services |
|
98900000-2 [Services provided by extra-territorial organisations and bodies] and 98910000-5 [Services specific to international organisations and bodies] |
International services |
|
64000000-6 [Postal and telecommunications services], 64100000-7 [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] |
Postal services |
|
50116510-9 [Tyre-remoulding services], 71550000-8 [Blacksmith services] |
Miscellaneous services |
ANNEX II
CORRELATION TABLE
|
Decision ECB/2007/5 |
This Decision |
|
Article 1 |
Article 1 |
|
Article 2 |
Article 2 |
|
Article 3 |
Article 3 |
|
Article 4 |
Article 4 |
|
Article 5 |
Article 5 |
|
Article 6 |
Article 6 |
|
Article 7 |
Article 7 |
|
Article 8 |
Article 8 |
|
Article 9 |
Article 9 |
|
Article 10 |
Article 21 |
|
Article 11 |
Article 10 |
|
Article 12 |
Article 11 |
|
Article 13 |
Article 12 |
|
Article 14 |
Article 13 |
|
Article 15 |
Article 18 |
|
Article 16 |
Article 19 |
|
Article 16a |
Article 22 |
|
Article 17 |
Article 16 |
|
Article 18 |
Article 23 |
|
Article 19(3) |
Article 15 |
|
Article 19(1), (2), (4) and (5) |
Article 26 |
|
Article 20 |
Article 27 |
|
Article 21 |
Article 28 |
|
Article 22 |
Article 24 |
|
Article 23 |
Article 29 |
|
Article 24 |
Article 30 |
|
Article 25 |
Article 31 |
|
Article 26 |
Article 32 |
|
Article 27 |
Article 33 |
|
Article 28 |
Article 34 |
|
Article 29 |
Article 35 |
|
Article 30 |
Article 36 |
|
Article 31 |
Article 37 |
|
Article 32 |
Article 38 |
|
Article 33 |
Article 39 |
|
Article 34 |
Article 40 |
|
Article 35 |
Article 41 |
( 1 ) Guideline (EU) 2015/280 of the European Central Bank of 13 November 2014 on the establishment of the Eurosystem Production and Procurement System (ECB/2014/44) (OJ L 47, 20.2.2015, p. 29).
( 2 ) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
( 3 ) Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1).
( 4 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).