Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC Text with EEA relevance

Where necessary for the purposes of point (b) of paragraph 6 of this Article, the required information shall be accompanied by the subcontractors’ self-declarations as referred to in Article 80(3). The implementing measures pursuant to paragraph 8 of this Article may provide that subcontractors which are presented after the award of the contract shall provide the certificates and other supporting documents instead of the self-declaration.

The first subparagraph shall not apply to suppliers.

Contracting entities may extend or may be required by Member States to extend the obligations provided for in the first subparagraph to for instance:

• (a) supply contracts, to services contracts other than those concerning services to be provided at the facilities under the direct oversight of the contracting entity or to suppliers involved in works or services contracts;

• (b) subcontractors of the main contractor’s subcontractors or further down the subcontracting chain.

• (a) Where the national law of a Member State provides for a mechanism of joint liability between subcontractors and the main contractor, the Member State concerned shall ensure that the relevant rules are applied in compliance with the conditions set out in Article 36(2).

• (b) Contracting authorities may, in accordance with Article 80(3) of this Directive, verify or may be required by Member States to verify whether there are grounds for exclusion of subcontractors pursuant to Article 57 of Directive 2014/24/EU. In such cases, the contracting authority shall require that the economic operator replaces a subcontractor in respect of which the verification has shown that there are compulsory grounds for exclusion. The contracting authority may require or may be required by a Member State to require that the economic operator replaces a subcontractor in respect of which the verification has shown that there are non-compulsory grounds for exclusion.

Article 89

Modification of contracts during their term

• (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 framework agreement;

• (b) for additional works, services or supplies by the original contractor, irrespective of their value, that have become necessary and 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 point (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 this Directive; or
• (iii) in the event that the contracting entity itself assumes the main contractor’s obligations towards its subcontractors where this possibility is provided for under national legislation pursuant to Article 88;

• (e) where the modifications, irrespective of their value, are not substantial within the meaning of paragraph 4.

Contracting entities having modified a contract in the cases set out under points (b) and (c) of this paragraph shall publish a notice to that effect in the Official Journal of the European Union. Such notice shall contain the information set out in Annex XVI and shall be published in accordance with Article 71.

• (i) the thresholds set out in Article 15; and

• (ii) 10 % of the initial contract value for service and supply contracts and below 15 % of the initial contract value for works contracts.

However, 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.

• (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 point (d) of paragraph 1.

Article 90

Termination of contracts

Member States shall ensure that contracting entities have the possibility, at least under the following circumstances and under the conditions determined by the applicable national law, to terminate a works, supply or service contract during its term, where:

• (a) the contract has been subject to a substantial modification which would have required a new procurement procedure pursuant to Article 89;

• (b) the contractor has, at the time of contract award, been in one of the situations referred to in Article 57(1) of Directive 2014/24/EU and should therefore have been excluded from the procurement procedure pursuant to the second subparagraph of Article 80(1) of this Directive;

• (c) the contract should not have been awarded to the contractor in view of a serious infringement of the obligations under the Treaties and this Directive that has been declared by the Court of Justice of the European Union in a procedure under Article 258 TFEU.

TITLE III PARTICULAR PROCUREMENT REGIMES

CHAPTER I Social and other specific services

Article 91

Award of contracts for social and other specific services

Contracts for social and other specific services, listed in Annex XVII shall be awarded in accordance with this Chapter where the value of the contracts is equal to or greater than the threshold indicated in point (c) Article 15.

Article 92

Publication of notices

• (a) by means of a contract notice; or

• (b) 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

• (c) by means of a notice on the existence of a qualification system, which shall be published continuously.

The first subparagraph shall, however, not apply where a negotiated procedure without prior call for competition could have been used in conformity with Article 50 for the award of a service contract.

Article 93

Principles of awarding contracts

Article 94

Reserved contracts for certain services

• (a) its objective is the pursuit of a public service mission linked to the delivery of the services referred to in paragraph 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 Article within the past three years.

CHAPTER II Rules governing design contests

Article 95

Scope

Article 96

Notices

Where they intend to award a subsequent service contract pursuant to point (j) of Article 50, this shall be indicated in the design contest notice.

Contracting entities that have held a design contest shall make the results known by means of a notice.

The notice of the results of a design contest shall be forwarded to the Publication Office of the European Union within 30 days of the closure of the design contest.

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.

Article 97

Rules on the organisation of design contests, the selection of participants and the jury

• (a) by reference to the territory or part of the territory of a Member State;

• (b) on the grounds that, under the law of the Member State in which the contest is organised, they would be required to be either natural or legal persons.

Article 98

Decisions of the jury

TITLE IV GOVERNANCE

Article 99

Enforcement

Where monitoring authorities or structures identify by their own initiative or upon the receipt of information specific violations or systemic problems, they shall be empowered to indicate those problems to national auditing authorities, courts or tribunals or other appropriate authorities or structures, such as the ombudsman, national parliaments or committees thereof.

By 18 April 2017 and every three years thereafter Member States shall submit to the Commission, a monitoring report covering, where applicable, information on the most frequent sources of wrong application or of legal uncertainty, including possible structural or recurring problems in the application of the rules, on the level of SME participation in public procurement and about prevention, detection and adequate reporting of cases of procurement fraud, corruption, conflict of interest and other serious irregularities.

The Commission may, not more than every three years, request Member States to provide information on the practical implementation of national strategic procurement policies.

For the purposes of this paragraph, ‘SME’ shall be understood as defined in Commission Recommendation 2003/361/EC ([^E0015]).

On the basis of the data received under this paragraph, the Commission shall regularly issue a report on the implementation and best practices of national procurement policies in the internal market.

• (a) information and guidance on the interpretation and application of the Union public procurement law is available free of charge to assist contracting authorities and economic operators, in particular SMEs, in correctly applying the Union public procurement rules; and

• (b) support is available to contracting authorities with regard to planning and carrying out procurement procedures.

• (a) 1 000 000 EUR in the case of supply contracts or service contracts;

• (b) 10 000 000 EUR in the case of works contracts.

Contracting authorities shall grant access to those contracts; however, access to specific documents or items of information may be denied to the extent and on the conditions provided for in the applicable Union or national rules on access to documents and data protection.

Article 100

Individual reports on procedures for the award of contracts

• (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 Article 50;

• (c) the non-application of Chapters II to IV of Title II by virtue of the derogations provided for in Chapters II and III of Title I;

• (d) where necessary, the reasons why other means of communication than electronic means for the electronic submission have been used.

To the extent that the contract award notice drawn up pursuant to Article 70 or Article 92(2) contains the information required in this paragraph, contracting entities may refer to that notice.

Article 101

National reporting and statistical information

Where the quality and completeness of the data referred to in the first subparagraph of this paragraph is not compliant with the obligations stipulated in Articles 67(1), Article 68(1), Article 69, Article 70(1), Article 92(3) and Article 96(2), the Commission shall request complementary information from the Member State concerned. Within a reasonable time, the Member State concerned shall supply the missing statistical information requested by the Commission.

That report may be included in the report referred to in Article 99(3).

Article 102

Administrative cooperation

TITLE V DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS

Article 103

Exercise of the delegation

Article 104

Urgency procedure

Article 105

Committee procedure

Article 106

Transposition and transitional provisions

Notwithstanding paragraph 1 of this Article, Member States may postpone the application of Article 40(1) for central purchasing bodies pursuant to Article 55(3) until 18 April 2017.

Where a Member State chooses to postpone the application of Article 40(1), that Member State shall provide that contracting entities may choose between the following means of communication for all communication and information exchange:

• (a) electronic means in accordance with Article 40;

• (b) post or other suitable carrier;

• (c) fax;

• (d) a combination of those means.

Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 107

Repeal

Directive 2004/17/EC is repealed with effect from 18 April 2016.

References to the repealed Directive shall be construed as being made to this Directive and shall be read in accordance with the correlation table in Annex XXI.

Article 108

Review

The Commission shall review the economic effects on the internal market, in particular in terms of factors such as the cross-border award of contracts and transaction costs, resulting from the application of the thresholds set in Article 15 and report thereon to the European Parliament and the Council by 18 April 2019.

The Commission shall, where possible and appropriate, consider suggesting an increase of the threshold amounts applicable under the GPA during the next round of negotiations. In the event of any change to the threshold amounts applicable under the GPA, the report shall, if appropriate, be followed by a legislative proposal amending the thresholds set out in this Directive.

Article 109

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 110

Addressees

This Directive is addressed to the Member States.

ANNEX I

LIST OF ACTIVITIES AS SET OUT IN POINT (A) OF POINT 2 OF ARTICLE 2

In the event of any difference of interpretation between the CPV and the NACE, the CPV nomenclature will apply.

NACE [^E0019]	NACE [^E0019]	NACE [^E0019]	NACE [^E0019]	NACE [^E0019]	CPV code
SECTION F	SECTION F	SECTION F	CONSTRUCTION	CONSTRUCTION	CPV code
Division	Group	Class	Subject	Notes	CPV code
45			Construction	This division includes: construction of new buildings and works, restoring and common repairs.	45000000
	45.1		Site preparation		45100000
		45.11	Demolition and wrecking of buildings; earth moving	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.	45110000
		45.12	Test drilling and boring	This class includes: — 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.	45120000
	45.2		Building of complete constructions or parts thereof; civil engineering		45200000
		45.21	General construction of buildings and civil engineering works	This class includes: — construction of all types of buildings construction of civil engineering constructions, — 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 management for construction, see 74.20.	45210000 Except: – 45213316 45220000 45231000 45232000
		45.22	Erection of roof covering and frames	This class includes: — erection of roofs, — roof covering, — waterproofing.	45261000
		45.23	Construction of highways, roads, airfields and sport facilities	This class includes: — construction of highways, streets, roads, other vehicular and pedestrian ways, — construction of railways, — construction of airfield runways, — construction work, other than buildings, for 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.	45212212 and DA03 45230000 except: – 45231000 – 45232000 – 45234115
		45.24	Construction of water projects	This class includes — construction of: — waterways, harbour and river works, pleasure ports (marinas), locks, etc., — dams and dykes, — dredging, — subsurface work.	45240000
		45.25	Other construction work involving special trades	This class includes: — construction activities specialising in one 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	45250000 45262000
	45.3		Building installation		45300000
		45.31	Installation of electrical wiring and fittings	This class includes: installation in buildings or other construction projects of: — electrical wiring and fittings, — telecommunications systems, — electrical heating systems, — residential antennas and aerials, — fire alarms, — burglar alarm systems, — lifts and escalators, — lightning conductors, etc.	45213316 45310000 Except: – 45316000
		45.32	Insulation work activities	This class includes: — installation in buildings or other construction projects of thermal, sound or vibration insulation. This class excludes: — waterproofing, see 45.22.	45320000
		45.33	Plumbing	This class includes: — 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.	45330000
		45.34	Other building installation	This class includes: — installation of illumination and signalling systems for roads, railways, airports and harbours, — installation in buildings or other construction projects of fittings and fixtures n.e.c.	45234115 45316000 45340000
	45.4		Building completion		45400000
		45.41	Plastering	This class includes: — application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials.	45410000
		45.42	Joinery installation	This class includes: — 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.	45420000
		45.43	Floor and wall covering	This class includes: — 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.	45430000
		45.44	Painting and glazing	This class includes: — 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,	45440000
		45.45	Other building completion	This class includes: — installation of private 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.	45212212 and DA04 45450000
	45.5		Renting of construction or demolition equipment with operator		45500000
		45.50	Renting of construction or demolition equipment with operator	This class excludes: — renting of construction or demolition machinery and equipment without operators, see 71.32.	45500000

Council Regulation (EEC) No 3037/90 of 9 October 1990 (OJ L 293, 24.10.1990, p. 1).

ANNEX II

LIST OF UNION LEGAL ACTS REFERRED TO IN ARTICLE 4(3)

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 Article 4 of this Directive. 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 Article 4 of this Directive:

• (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.

ANNEX III

LIST OF UNION LEGAL ACTS REFERRED TO IN ARTICLE 34(3)

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

H. Exploration for and extraction of coal or other solid fuels

[No entry]

I. Contracting entities in the field of seaport or inlandportor other terminal equipment

[No entry]

J. Contracting entities in the field of airport installations

[No entry]

ANNEX IV

DEADLINES FOR THE ADOPTION OF THE IMPLEMENTING ACTS REFERRED TO IN ARTICLE 35

• 1.The implementing acts referred to in Article 35 shall be adopted within the following periods:

• (a) 90 working days where free access to a given market is presumed on the basis of the first subparagraph of Article 34(3);

• (b) 130 working days in cases other than those referred to in point (a).

• The periods set out in points (a) and (b) of this paragraph 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 Article 34(1) to the activity concerned in accordance with Article 34(2) and (3).

• Those deadlines shall commence on the first working day following the date on which the Commission receives the request referred to in Article 35(1) 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 subparagraph 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 subparagraph 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.

ANNEX V

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 points (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.

ANNEX VI

PART A

INFORMATION TO BE INCLUDED IN THE PERIODIC INDICATIVE NOTICE

(as referred to in Article 67)

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.

• 1. (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.

II.   Additional information to be supplied where the notice is used as a means of calling for competition or permits the reduction of the time limits for the receipt of tenders (article 67(2))

• 6.A reference to the fact that interested economic operators shall advise the entity of their interest in the contract or contracts.

• 7.E-mail or internet address at which the specifications 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 the third and fourth subparagraph of Article 73(1), an indication of how the procurement documents can be accessed.

• 8.Where appropriate, state whether the contract is reserved for sheltered workshops or whether its performance is reserved in the context of sheltered employment programmes.

• 9.Time limit for the receipt of applications for an invitation to tender or to negotiate.

• 10.Nature and quantity of the products to be supplied or general nature of the work or category of service and description, stating if framework agreement(s) are envisaged, including any options for further procurement and the estimated time available for exercising those options as well as the number of renewals, if any. In the case of recurring contracts, also, an estimate of the timing of the subsequent calls for competition. State whether purchase, lease, rental or hire-purchase or any combination of those is involved.

• 11.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; if the contract is divided into lots, this information shall be provided for each lot.

• 12.Time limits for delivery or completion or duration of service contract and, as far as possible, for starting.

• 13.Address to which interested undertakings shall send their expressions of interest in writing.

• 14.Time limit for receipt of expressions of interest.

• 15.Language or languages authorised for the presentation of candidatures or tenders.

• 16.Economic and technical conditions, and financial and technical guarantees required of suppliers.

• 1. (a) Estimated date for initiating the procurement procedures in respect of the contract or contracts (if known); (b) Type of procurement procedure (restricted procedures, whether or not involving a dynamic purchasing system, or negotiated procedures).

• 18.Where appropriate, particular conditions to which the performance of the contract is subject.

• 19.Where appropriate, indication whether:

• (a) electronic submission of tenders or requests to participate will be required/accepted,

• (b) electronic ordering will be used,

• (c) electronic invoicing will be used,

• (d) electronic payment will be accepted.

• 20.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.

• 21.Where known, criteria referred to in Article 82 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 mentioned, where they do not appear in the specifications, or will not be indicated in the invitation to confirm interest referred to in point (b) of Article 67(2) or in the invitation tender or to negotiate.

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

(as referred to in Article 67(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.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.

ANNEX VII

INFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS (ARTICLE 53(4))

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.

ANNEX VIII

DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS

For the purposes of this Directive,

• (1) ‘technical specification’ means one of the following:
• (a) in the case of service or supply 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;
• (b) 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, which permits a material, a product or a supply to be described in a manner such that it fulfils the use for which it is intended by the contracting 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;

• (2) ‘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;

• (3) ‘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 ([^E0020]);

• (4) ‘common technical specification’ means a technical specification in the field of ICT laid down in accordance with Articles 13 and 14 of Regulation (EU) No 1025/2012;

• (5) ‘technical reference’ means any deliverable produced by European standardisation bodies, other than European standards, according to procedures adapted to the development of market needs.

ANNEX IX

FEATURES CONCERNING PUBLICATION

1. Publication of notices

The notices referred to in Articles 67, 68, 69, 70, 92 and 96 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 Articles 67, 68, 69, 70, 92 and 96 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 Article 67(1). 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 subparagraph of Article 71(5).

2. Publication of complementary or additional information

• (a)Except where otherwise provided for in the third and fourth subparagraph of Article 73(1), 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 Article 67(1), 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 Article 72.

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

ANNEX X

INFORMATION TO BE INCLUDED IN THE NOTICE ON THE EXISTENCE OF A QUALIFICATION SYSTEM

(as referred to in point (b) of Article 44(4) and in Article 68)

• 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.Purpose of the qualification system (description of the products, services or works or categories thereof to be procured through the system — CPV codes). 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.Conditions to be fulfilled by the economic operators in view of their qualification pursuant to the system and the methods according to which each of those conditions will be verified. Where the description of such conditions and verification methods is voluminous and based on documents available to interested economic operators, a summary of the main conditions and methods and a reference to those documents shall be sufficient.

• 6.Period of validity of the qualification system and the formalities for its renewal.

• 7.Reference to the fact that the notice acts as the call for competition.

• 8.Address where further information and documentation concerning the qualification system can be obtained (where different from the addresses mentioned under point (1).

• 9.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.

• 10.Where known, criteria referred to in Article 82 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 mentioned where they do not appear in the specifications or will not be indicated in the invitation to tender or to negotiate.

• 11.Where appropriate, indication whether:

• (a) electronic submission of tenders or requests to participate will be required/accepted,

• (b) electronic ordering will be used,

• (c) electronic invoicing will be used,

• (d) electronic payment will be accepted.

• 12.Any other relevant information.

ANNEX XI

INFORMATION TO BE INCLUDED IN CONTRACT NOTICES

(as referred to in Article 69)

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 the third and fourth subparagraph of Article 73(1), an indication of how the procurement documents can be accessed.

• 1. (a) Final date for receipt of 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.

• 1. (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 Article 82 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.

• 1. (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 Article 82 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 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.