Tender Act 2012

Original Language Title: Aanbestedingswet 2012

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Law of 1 November 2012, which established new rules on procurement (Procurement Act 2012)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken into consideration that it is desirable to do so. Directive No 2004 /17/EC of the European Parliament and of the Council of the European Union of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (PbEU L 134), and Directive No 2004 /18/EC Commission of the European Parliament and of the Council of the European Union of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (PbEU L 134), to be implemented again for the purpose of satisfactory implementation and compliance with the rules resulting from these Directives, and for the improvement and simplification of the integrity assessment and of administrative rules, and also of any rules of administrative nature establish a substantive and administrative nature in relation to other contracts;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:


Part 1. General provisions

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Chapter 1.1. Conceptual provisions

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Article 1.1

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For the purposes of this Act and the provisions based thereon, the following definitions shall apply:

  • Contracting authority: the State, a province, a municipality, a watership or a public-law institution or a grouping of such public authorities or bodies governed by public law;

  • procurement documents: all documents in a procurement procedure brought into the proceedings by the contracting authority or by the special sector undertaking;

  • Central purchasing body a contracting authority which acquires or places contracts intended for contracting authorities or special sector undertakings in respect of works intended for contracting authorities or special sector undertakings, for the provision of special services to contracting authorities, supplies or services;

  • Contractor: any person who offers the execution of works on the market;

  • Consumer Authority and Market Authority: the Consumer and Market Authority, mentioned in Article 2, 1st paragraph, of the Incomposition Act Authority of Consumer and Market ;

  • Special duty: a right which is granted by law or by a decision of an administrative body to a limited number of undertakings and where, within a given geographical area:

    • (a) the number of such undertakings which may carry out a service or carry out an activity in a manner different from objective, proportionate and non-discriminatory criteria shall be limited to two or more;

    • b. several competing undertakings authorised to carry out a service or exercise an activity in a manner different from those specified in accordance with those criteria; or

    • c. otherwise than according to these criteria to one or more undertakings authorised to carry out a service or to pursue an activity, thereby significantly impediing any other undertaking. to carry out the same activities within the same geographical area, under the same conditions;

  • concession contract for services: an agreement with the same characteristics as a government contract or special sector contract for services in which the consideration for the services to be provided consists of the right to operate the service, whether combined with a payment, or not;

  • public works concession contract: an agreement with the same characteristics as a public contract or a special sector contract for works in which the consideration for the works to be carried out consists of the right to exploit the work, whether combined with a payment or not;

  • service provider: any one offering services on the market;

  • Dynamic purchasing system: an electronic process for making common purchases with market general features, limited in time and open for the entire duration to an economic operator meeting the selection criteria and complying with the requirements of the procurement documents have issued an indicative tender;

  • Own Declaration: a statement as referred to in Article 2.84, first paragraph ;

  • Electronic means: a means of using electronic data-processing equipment (including digital compression) and data storage, as well as dissemination, transmission and reception by means of wires, jet connections, optics or other electromagnetic means;

  • Electronic procurement system: the electronic procurement system, as intended Article 4.13 ;

  • electronic auction: a repetitive electronic process for the presentation of new, reduced prices or of new values for certain elements of tenders, which takes place after the initial full review of the tenders and that class Allows the basis of electronic processing;

  • Conduct a declaration of conduct: a statement as referred to in Article 4.1 ;

  • Candidate: an economic operator who has requested, when the restricted procedure is applied, the competitive dialogue procedure or the negotiated procedure, to be admitted to the procedure;

  • award decision: the choice of the contracting authority or the special sector undertaking for the economic operator with whom it intends to conclude the agreement to which the procedure relates, including the choice not to conclude an agreement;

  • tenderer: an economic operator who has submitted an invitation to tender;

  • vendor: any one offering products on the market;

  • Notification of award decision: a written notification that complies with the Article 2.130 requirements;

  • restricted procedure: procedure whereby all economic operators may make a request to participate, but only the economic operators selected by the contracting authority or by the special-sector undertaking may submit a tender;

  • entrepreneur: a contractor, supplier or service provider;

  • negotiated procedure: procedure whereby the contracting authority or the special sector undertaking consultations with economic operators selected by it and by negotiation with one or more of them determines the terms and conditions of the contract;

  • Our Minister: Our Minister for Economic Affairs;

  • Public procedure: procedure whereby all economic operators are allowed to tender;

  • Contract for Public Contracts: the World Trade Organisation (WTO) Agreement on Government Procurement and the Agreements resulting from the Uruguay Round of multilateral trade negotiations (1986-94) (PbEG L 1994, 336);

  • public company: a holding on which a contracting authority can exercise, directly or indirectly, a dominant influence by virtue of ownership, financial participation or the rules applicable to the undertaking;

  • government command: a public works contract, a public supply contract, a public service contract or a framework contract;

  • Public service contract: a written agreement for consideration that has been concluded between one or more service providers and one or more contracting authorities and that

    • a. only relates to the provision of Annex II of this Regulation. Directive No 2004 /18/EC designated services,

    • b. relates to the supply of products and the provision of services as referred to in subparagraph (a), where the value of such services exceeds the value of the products to be supplied; or

    • (c) relating to the provision of Annex II to this Regulation; Directive No 2004 /18/EC designated persons who are only indirectly related to work carried out under Annex I of this Regulation Directive No 2004 /18/EC designated;

  • public supply contract: a written agreement for consideration which has been concluded between one or more suppliers and one or more contracting authorities and which relates to:

    • a. the purchase, lease, hire or hire purchase, with or without purchase option, of products or

    • b. the supply of products and which only includes the provision of works for the installation and installation of that supply;

  • Public works contract: a written agreement for consideration which has been concluded between one or more contractors and one or more contracting authorities and which relates to:

    • a. the implementation or design and implementation of works within the framework of Annex I to this Regulation; Directive No 2004 /18/EC designated work,

    • b. the execution or design and execution of a work; or

    • (c) to have the means to carry out the means of a work which meets the requirements laid down by the contracting authority;

  • price demand: procedure with a view to providing a contracting authority or a special sector undertaking with a plan or design selected by a selection board after a call for competition, whether or not with the award of prizes;

  • procedure for the competitive dialogue: procedure whereby all economic operators may request participation, and where the contracting authority conducts a dialogue with the operators admitted to the procedure, in order to find one or more solutions to the needs of the contracting authority. Contracting authority/contracting authority which will invite the selected economic operators to subscribe;

  • public law institution: an institution specifically designed to meet requirements of general interest, other than industrial or commercial character, which has legal personality and of which:

    • (a) the main financing of the activities carried out by the State, a province, a municipality, a watership or another body governed by public law;

    • (b) the management is subject to supervision by the State, a province, a municipality, a watership or any other body governed by public law; or

    • (c) more than half of the members of the administrative board, management or supervisory body are designated by the State, a county, a municipality, a watership or other public body;

  • framework agreement: a written agreement between one or more contracting authorities or special sector undertakings and one or more economic operators for the purpose of providing for a specified period the conditions of public procurement or special sector contracts to be laid down;

  • Directive No 2004 /17/EC: Directive No 2004 /17/EC of the European Parliament and of the Council of the European Union of 31 March 2004 coordinating the procedures in the water, energy, transport and postal services sectors (PbEU L 134);

  • Directive No 2004 /18/EC: Directive No 2004 /18/EC of the European Parliament and of the Council of the European Union of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (PbEU L 134);

  • in writing: reproduced and subsequently communicated, in all words or figures, which can be read, reproduced and subsequently communicated, including by electronic means, information transferred or stored;

  • Special-sector holding:
    • a. a contracting authority;

    • b. a public undertaking,

    • (c) a holding or establishment which has been granted a special duty or exclusive right by a contracting authority;

    provided that such a service, that undertaking or institution carries on an activity as intended for the purpose of the Articles 3.1 to 3.6 , unless the relevant activity on the basis of Article 3.21 except;

  • Special Sector Command: a special-sector contract for works, a special-sector contract for supplies, a special-sector contract for services or a framework agreement;

  • Special Sector Command for Services: a written agreement for consideration which has been concluded between one or more service providers and one or more special-sector undertakings and which:

    • a. only relates to the provision of Annex XVI of Directive No 2004 /17/EC designated services,

    • b. relates to the provision of the products and the provision of services as referred to in subparagraph (a), where the value of such services exceeds the value of the products to be supplied; or

    • c. refers to the provision of services referred to in subparagraph (a) and which relates only indirectly to the provision of services under Annex XII of this Directive. Directive No 2004 /17/EC designated work;

  • special-sector contract for supplies: a written contract for consideration which has been concluded between one or more suppliers and one or more special-sector undertakings and which relates to:

    • a. the purchase, lease, hire or hire purchase, with or without purchase option, of products or

    • b. the supply of products and which only includes the provision of works for the installation and installation of that supply;

  • Special Sector Command for works: a written contract for consideration which has been concluded between one or more contractors and one or more special-sector undertakings and which relates to:

    • a. the implementation or design and implementation of works under Annex XII to this Regulation; Directive No 2004 /17/EC designated work,

    • b. the execution or design and execution of a work or

    • (c) to have the means to carry out any means of work which meets the requirements laid down by the special sector undertaking;

  • Law only: a right which is granted by law or by a decision of an administrative body to an undertaking which reserves the right to carry out a service or a service within a given geographical area; exercise activity;

  • Work: the product of the structure of construction or civil engineering works intended to fulfil an economic or technical function in such a way as to be of such a nature.


Article 1.2

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Predominant influence as defined in the definition of public undertaking in Article 1.1 where a contracting authority, whether directly or indirectly, in relation to that undertaking, is presumed to be a contracting authority for the purposes of the application of the provisions of this law:

  • a. The majority of subscribed capital,

  • b. has the majority of votes attached to the shares issued by the company; or

  • (c) more than half of the members of the company's administrative, management or supervisory board may appoint.


Article 1.3

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  • 1 An amendment to Annex I or Annex II of Directive No 2004 /18/EC or of Annex XII or Annex XVI of Directive No 2004 /17/EC (i) for the purposes of the application of the public works contract definitions given in this Act, public service contract or special sector contract contract or service contract procedure shall apply from the entry into force of the contract. of the day on which the relevant decision of the European Commission enters into force.

  • 2 Our Minister makes notice in the Official Gazette of a decision referred to in the first paragraph.

Chapter 1.2. Principles and principles on tender

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Section 1.2.1. General provision for the conclusion of written agreements for consideration for the provision of works, supplies or services

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Article 1.4

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  • 1 A contracting authority or a special-sector undertaking which intends to conclude a written contract for consideration in the performance of works, supplies or services shall determine, on the basis of objective criteria:

    • a. the choice as to how the contracting authority or the special-sector undertaking intends to establish the agreement;

    • b. the choice of economic operator or economic operators who are admitted to the procurement procedure.

  • 2 The contracting authority or the special sector undertaking shall ensure the provision of as much social value as possible for public funds when entering into a written agreement as referred to in the first paragraph.

  • 3 The contracting authority or the special-sector undertaking shall, on his written request, provide an economic operator with the reasons for the choice referred to in points (a) and (b) of the first paragraph.


Article 1.5

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  • 1 A contracting authority or a special sector undertaking shall not unnecessarily put together contracts. Before amalgamation is carried out, it shall at least be struck at:

    • (a) the composition of the relevant market and the effect of the merger on access to the contract for sufficient holdings in small and medium-sized enterprises;

    • b. the organisational consequences and risks of the merging of the contracts for the contracting authority, the special sector undertaking and the economic operator;

    • c. the degree of coherence of the contracts.

  • 2 Where the aggregation of contracts takes place, this shall be justified by the contracting authority or by the special sector undertaking in the procurement documents.

  • 3 A contracting authority or a special sector undertaking shall issue a contract in several lots, unless it considers that it is not appropriate, in which case the contracting authority or the special-sector undertaking shall state this in the procurement documents.


Article 1.6

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Contracting authorities which intend to conclude a written contract for consideration of the provision of works, supplies or services shall ensure the greatest possible limitation of the contract to the establishment of such works, supplies or services. a coherent and consequentadministrative burden arising from that agreement.


Section 1.2.2. Principles of European procurement

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Article 1.7

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The provisions of this Section shall apply to contracting authorities and special sector undertakings:

  • a. the award of a public contract or a special sector contract, the conclusion of a public works concession contract or the issuing of a price demand based on or under the terms of the contract; Chapters 2.1 and 3.1 below the scope of the application of the Part 2 or Part 3 of the law;

  • b. the award of a public contract or a special sector contract, the conclusion of a public works concession contract or the issuing of a price demand with a clearly cross-border interest solely on the basis of the agreement; certain in the Articles 2.1 to: 2.8 or the Articles 3.8 and 3.9 not under the scope of application of Part 2 Other Part 3 of this law;

  • (c) the conclusion of a concession contract for services with a clear cross-border interest.


Article 1.8

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A contracting authority or a special sector undertaking shall treat economic operators in an equal and non-discriminatory manner.


Article 1.9

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  • 1 A contracting authority or a special sector undertaking shall act transparor.

  • 2 When applying the first paragraph, the contracting authority or the special sector undertaking shall, in any event, ensure an appropriate degree of publicity of the notice of intention to award a public contract or a procurement procedure; or special-sector contract, to conclude a concession contract for public works or to write off a contest.

  • 3 The second paragraph shall not apply:

    • a. in the case of an application of Article 1.7 , part (a): if certain by or under Part 2 or Part 3 of this Law shall not be obliged to publish an announcement of the intention to award a contract;

    • b. in the case of applicability of Article 1.7 (b) and (c): where, by analogy, application of the provisions of the Part 2 or Part 3 of this Law shall not be subject to the publication of an announcement of the intention to award a contract.


Article 1.10

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  • 1 A contracting authority or a special sector undertaking shall, in the preparation and establish ing of a public contract or a special sector contract, establish a public works or service concession contract or the issuing of a special sector contract. apply only requirements, conditions and criteria to tenderers and tenders which are reasonable in proportion to the subject-matter of the contract.

  • 2 When applying the first paragraph, the contracting authority or the special sector undertaking shall, as appropriate, in any event consider that:

    • a. the merging of contracts, whether or not to merge;

    • b. The grounds for exclusion;

    • c. the content of the suitability requirements;

    • d. the number of fitness requirements to be established;

    • e. the time limits to be set;

    • f. the award criteria;

    • g. A charge for high cost of a tender;

    • h. the terms of the agreement.

  • 3 A general measure of management designates a guideline which lays down rules governing the manner in which contracting authorities to be designated by that general measure of management are implemented in accordance with the provisions of the First member.

  • 4 The contracting authority shall apply the rules referred to in the third paragraph or shall justify a derogation from one or more of those requirements in the procurement documents.

  • 5 The nomination for a general measure of management to be adopted pursuant to paragraph 3 shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General. The nomination is made by our Minister of Economic Affairs in agreement with our Minister of Ministers, who is responsible for it.


Section 1.2.3. Principles for national procurement

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Article 1.11

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The provisions in this Section shall apply to contracting authorities and special sector undertakings to which the Article 1.7 does not apply and, prior to the conclusion of a written contract for consideration to the provision of works, supplies or services, has disclosed an announcement of its own accord by its own movement.


Article 1.12

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  • 1 A contracting authority or a special sector undertaking shall treat economic operators in an equal and non-discriminatory manner.

  • 2 The contracting authority or the special sector undertaking shall act transparor.


Article 1.13

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  • 1 A contracting authority or a special-sector undertaking shall, when preparing and establish an agreement, make only the requirements, conditions and criteria applicable to tenderers and tenders in reasonable proportion to the tenders submitted. the object of the contract.

  • 2 When applying the first paragraph, the contracting authority or the special sector undertaking shall, as appropriate, in any event consider that:

    • a. the merging of contracts, whether or not to merge;

    • b. The grounds for exclusion;

    • c. the content of the suitability requirements;

    • d. the number of fitness requirements to be established;

    • e. the time limits to be set;

    • f. the award criteria;

    • g. A charge for high cost of a tender;

    • h. the terms of the agreement.

  • 3 A general measure of management designates a guideline which lays down rules governing the manner in which contracting authorities to be designated by that general measure of management are implemented in accordance with the provisions of the First member.

  • 4 The contracting authority shall apply the rules referred to in the third paragraph or shall justify a derogation from one or more of those requirements in the procurement documents.

  • 5 The nomination for a general measure of management to be adopted pursuant to paragraph 3 shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General. The nomination is made by our Minister of Economic Affairs in agreement with our Minister of Ministers, who is responsible for it.


Section 1.2.4. Starting points for the multiple under-manual procedure

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Article 1.14

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The provisions in this Section apply to contracting authorities and special sector undertakings to which the Articles 1.7 and 1.11 do not apply and who, prior to the conclusion of a written agreement for consideration to the provision of works, supplies or services, shall invite two or more economic operators to tender in respect of that agreement to be submitted.


Article 1.15

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  • 1 A contracting authority or special sector undertaking shall treat tenderers in an equal manner.

  • 2 The contracting authority or the special sector undertaking referred to in paragraph 1 shall inform all tenderers of the award decision with the relevant reasons for the decision.


Article 1.16

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  • 1 A contracting authority or a special-sector undertaking shall, when preparing and establish an agreement, make only the requirements, conditions and criteria applicable to tenderers and tenders in reasonable proportion to the tenders submitted. the object of the contract.

  • 2 When applying the first paragraph, the contracting authority or the special-sector undertaking shall in any case be aware that:

    • a. the merging of contracts, whether or not to merge;

    • b. the time limits to be set;

    • c. the costs associated with the invitation to tender;

    • d. the terms of the agreement.

  • 3 A general measure of management designates a guideline which lays down rules governing the manner in which contracting authorities to be designated by that general measure of management are implemented in accordance with the provisions of the First member.

  • 4 The contracting authority shall apply the rules referred to in the third paragraph or shall justify a derogation from one or more of those requirements in the procurement documents.

  • 5 The nomination for a general measure of management to be adopted pursuant to paragraph 3 shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General. The nomination is made by our Minister of Economic Affairs in agreement with our Minister of Ministers, who is responsible for it.

Chapter 1.3. Administrative rules in case of procurement

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Article 1.17

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The provisions in this Section apply to contracting authorities and special sector undertakings which conclude a written agreement for consideration to the provision of works, supplies or services, which do not require a public contract, special-sector contract or concession contract where: Article 1.7, part a , applicable.


Article 1.18

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  • 1 Contracting entities and special sector companies making an announcement shall make that announcement known on the electronic procurement system.

  • 2 The publication provided for in paragraph 1 shall be made by means of a form made available on the electronic system of procurement.


Article 1.19

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  • 1 Contracting entities and special sector undertakings which provide for exclusion grounds and fitness requirements, require an economic operator to submit, at his request to participate or to tender, using the model established for that purpose, submits its own declaration and shall indicate the information and information to be supplied in its declaration.


Article 1.20

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  • 1 An economic operator may, by way of a declaration of conduct, demonstrate to a contracting authority or to a special sector undertaking which establishes exclusion grounds relating to irrevocable convictions, that those grounds are based on him. Do not apply.

  • 2 The declaration of conduct referred to in paragraph 1 shall be based on the date on which the application for participation or registration is lodged or not over two years.

  • 4 The contracting authority or the special-sector undertaking shall, in the application of paragraph 1, only have convictions which, in the four years preceding the date of lodging of the application for participation or registration, are have become irrevocable.


Article 1.21

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  • 1 Contracting entities and special sector undertakings shall make available, in any way, the procurement documents for the public contract or special sector contract without charge.

  • 2 If the procuring entity or the special sector undertaking makes available the procurement documents for the contract in a manner other than that for the execution of the first paragraph, the contracting authority or the special sector undertaking may cover the costs of the contract take account of that method of distribution to those who have requested that other means of providing the procurement documents.

Chapter 1.4. Requirements for the procurement of works by contracting authorities

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Article 1.22

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  • 1 A general measure of management designates a guideline which lays down rules on the methods to be used by contracting authorities designated in that measure for the purpose of public works contracts falling within the framework of the Section 2.1.1 These laws may be set out.

  • 2 The contracting authority shall apply the rules referred to in the first paragraph, or shall justify a deviation from one or more of those requirements in the procurement documents.

  • 3 The statement of reasons provided for in paragraph 2 shall be made available to an economic operator on his written request.

Chapter 1.5. Conditions relating to agreements concluded within the framework of the World Trade Organisation

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Article 1.23

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A contracting authority or special sector undertaking shall, when awarding public contracts or special sector contracts, apply equally favourable conditions to economic operators of the other Member States of the European Union as it applies to undertakings in the Member States of the European Union. to implement in the framework of the Agreement on Government Procurement of Third-country Entrepreneurs.


Section 2. Public procurement, public service award awards and public works concessions

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Chapter 2.1. Scope

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Section 2.1.1. Application Scope

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§ 2.1.1.1. Application Scope Public Procurement

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Article 2.1

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The provisions of Part 2 of this Act shall apply to public works contracts the estimated value of which is equal to or greater than the value of the works referred to in Article 7 (c) of that Law. Directive No 2004 /18/EC amount, exclusive of sales tax.


Article 2.2

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  • 1 The provisions of Part 2 of this Act shall apply to public supply and public supply contracts of which the estimated value is equal to or greater than the value of the contract in Article 7 (a) of Article 7 (2) of the Treaty. Directive No 2004 /18/EC amount, exclusive of sales tax.

  • 2 By way of derogation from the first paragraph, where the government contract is in the field of defence and is the supply of a product which is not included in Annex V of this Regulation, Directive No 2004 /18/EC , the provisions applicable to or pursuant to Part 2 of this Act if the estimated value of that public contract is equal to or greater than the value of that public contract as provided for in Article 7 (b) of that Law. Directive No 2004 /18/EC amount, exclusive of sales tax.

  • 3 By way of derogation from the first paragraph, where the public contract is a service referred to in the third subparagraph of Article 7 (b), Directive No 2004 /18/EC in the case of or pursuant to Part 2 of this Law, if the estimated value of that public contract is equal to or greater than the value of that public contract as provided for in Article 7 (b) of that Law, the Directive No 2004 /18/EC amount, exclusive of sales tax.


Article 2.3

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The provisions of or pursuant to Part 2 of this Act shall apply to the award of public supply contracts and public service contracts by contracting authorities other than the State, whose estimated value is equal to or greater than the value of the contract. Article 7 (b) of Directive No 2004 /18/EC amount, exclusive of sales tax.


Article 2.4

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The provisions of or pursuant to Part 2 of this Act apply to public works concession contracts the estimated value of which is equal to or greater than the provisions of Article 56 of that Act. Directive No 2004 /18/EC amount, exclusive of sales tax.


Article 2.5

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  • 1 The provisions of Part 2 of this Act shall apply to contests to be written by the State, the estimated value of which is equal to or greater than the price referred to in Article 67 (a) of this Act. Directive No 2004 /18/EC amount, exclusive of sales tax.

  • 2 By way of derogation from the first paragraph, if the price question of services as referred to in Article 67 (c) of Directive No 2004 /18/EC It applies to or pursuant to Part 2 of this Act, where the estimated value is equal to or greater than the amount of turnover tax referred to in Article 67 (c) of that Directive, excluding sales tax.


Article 2.6

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The provisions of, or pursuant to Part 2 of, this Act shall apply to design contests which contracting authorities, other than the State, require, the estimated value of which is equal to or greater than the price referred to in Article 67, part b, of this Law. Directive No 2004 /18/EC amount, exclusive of sales tax.


Article 2.7

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  • 1 An amendment to the amounts referred to in Articles 7, 56 and 67 of Directive No 2004 /18/EC and an amendment to Annex V of that Directive go for the application of the Articles 2.1 to 2.6 shall apply from the day on which the relevant decision of the European Commission enters into force.

  • 2 Our Minister makes notice in the Official Gazette of a decision referred to in the first paragraph.


Article 2.8

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  • 1 The provisions of or pursuant to this Act for contracting authorities shall also apply to grant recipients which conclude contracts for:

    • (a) works that are directly subsidised by one or more contracting authorities for more than 50% of the following:

      • 1 °. civil engineering activities as referred to in Annex 1 to this Regulation. Directive No 2004 /18/EC the estimated value of which corresponds to or exceeds the value set out in Article 8 (a) of Directive No 2004 /18/EC said amount, exclusive of sales tax, or

      • 2 ° construction works for hospitals, sports facilities, recreation and leisure facilities, school and university buildings and buildings with an administrative purpose the estimated value of which is equal to or higher than the value of the buildings Article 8 (a) of Article 8 Directive 2004 /18/EC said amount, exclusive of sales tax;

    • (b) services which are directly subsidised by one or more contracting entities for more than 50% of a contract relating to works referred to in subparagraph (a) of which the estimated value of the works is equal to or greater than it is referred to in Article 8 (b) of Directive No 2004 /18/EC amount, exclusive of sales tax.

  • 2 An amendment to the amounts referred to in Article 8 of Directive No 2004 /18/EC the application of this Article shall apply as from the day on which the relevant decision of the European Commission enters into force.

  • 3 Our Minister makes a statement in the Official Gazette of a decision referred to in the second paragraph.


Article 2.9

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A grant recipient as intended in the Article 2.8, first paragraph , shall provide a public contract as referred to in paragraph 1 in accordance with or pursuant to this Law.


Article 2.10

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A contracting authority which grants a special right or an exclusive right to provide public services to a natural or legal person who is not itself a contracting authority shall, when granting such a right, decide that the person concerned shall be entitled to use the same right or person to provide the to whom that law is granted, in the case of supply contracts in the context of the provision of those public services, does not discriminate against nationality.


Article 2.11

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  • 1 A contracting authority may award a public contract through a central purchasing body, provided that the central purchasing body complies with, in respect of that public contract, in relation to or pursuant to Part 2 of this Act for contracting authorities.

  • In the case referred to in paragraph 1, the contracting authority concerned has fulfilled its obligations under Section 2 of that law.


§ 2.1.1.2. Demarcation of public contracts and special sector contracts

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Article 2.12

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  • Where, in respect of a contract or a contest, both the provisions of the provisions of this Law on public contracts or on the basis of Part 2 of this law for public contracts shall be subject to the application by the contracting authorities of whether or not they are subject to a request for the award of a contract Part 3 For special sector contracts, certain design contests issued by special sector undertakings are subject to or pursuant to Part 2 of this Law for public procurement or contract contests issued by contracting authorities Not applicable to the relevant contract or contest.

  • 2 If a procuring entity may also qualify as a special sector undertaking and has concluded a public works concession contract for the purpose of carrying out the relevant activities, the contracting authority shall be Articles 2.22 , 2.40 , 2.41 and 2,151 to 2,156 Not applicable.


Section 2.1.2. Estimate of value

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§ 2.1.2.1. General provisions

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Article 2.13

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The contracting authority shall estimate the value of the proposed public contract, public works concession contract or design contest or the intended dynamic purchasing system in accordance with the provisions of the Articles 2.14 to 2.22 .


Article 2.14

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  • 1 The contracting authority shall discontinue the proposed public contract, concession contract for public works or design contest or the intended dynamic purchasing system with a view to excluding the application of this law.

  • 2 The contracting authority shall not choose the method of calculation of the estimated value for the purpose of avoiding the application of this law.


§ 2.1.2.2. The estimation of public contracts

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Article 2.15

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  • 1 The value of a government contract is estimated at the value at the time of dispatch of the announcement of that government contract or, if an announcement is not required, to the value at the time the procedure for the award was made. is initiated by the contracting authority.

  • 2 The contracting authority shall base the calculation of the estimated value of a public contract on the total amount, excluding sales tax, including options and renewals of the contract.

  • 3 The contracting authority shall calculate the value of a framework contract from the estimated value of all public contracts envisaged for the duration of the framework agreement.


Article 2.16

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When estimating the value of a public works contract, the contracting authority shall take into account the value of the estimated total value of the supplies and services necessary for the execution of those works and which shall be used by the contracting authority. Contracting authorities shall be made available to the contractor.


Article 2.17

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The contracting authority shall estimate the value of a public service contract:

  • a. in the case of an insurance service, on the basis of the premium to be paid and other forms of remuneration;

  • b. In the case of a banking service or other financial service, on the basis of fees, commission and interest, and other forms of remuneration;

  • c. design: on the basis of the fees, commissions and other forms of remuneration to be paid;

  • d. in which no total price is stated and has a fixed duration equal to, or less than, 48 months: on the basis of the total estimated value for the whole duration;

  • e. in which no total price is stated and is for an indefinite duration or has a term of maturity exceeding 48 months: the monthly amount to be paid multiplied by 48.


Article 2.18

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  • 1 Where a proposed work or a proposed purchase of services may lead to public procurement contracts which are placed simultaneously in separate lots, the contracting authority shall take the estimated total value of these lots.

  • 2 If the compound value of the lots referred to in paragraph 1 is equal to or greater than the one in the Articles 2.1 , 2.2 or 2.3 of the said amount, it shall apply to the placement of each parcel by or pursuant to Part 2 of this Act.

  • 3 The second paragraph shall not apply to:

    • (a) public works contracts the estimated value of which does not exceed € 1 000 000, exclusive of turnover taxes,

    • (b) public contracts for the provision of services whose estimated value does not exceed € 80 000, exclusive of turnover taxes,

    provided that the total estimated value of the lots referred to in (a) or (b) is not more than 20% of the total value of all the lots.


Article 2.19

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  • (1) Where a proposed acquisition of homogeneous supplies may lead to public contracts simultaneously placed in separate lots, the contracting authority shall take the estimated total value of those lots as a basis for the award of such supplies. Estimate.

  • 2 If the compound value of the lots referred to in paragraph 1 is equal to or greater than the one in the Articles 2.2 or 2.3 of the said amount, it shall apply to the placement of each parcel by or pursuant to Part 2 of this Act.

  • 3 The second paragraph shall not apply to lots whose estimated value does not exceed € 80 000, exclusive of turnover taxes, provided that the total estimated value of those lots does not exceed 20% of the total value of all the lots parcels.


Article 2.20

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The contracting authority shall estimate the value of public supply contracts relating to the leasing, rental or hire purchase of products on the following basis:

  • a. In the case of public supply contracts with a fixed term duration, the total estimated value for the whole duration if it is not more than 12 months, or the total value if the duration exceeds 12 months, including: of the estimated residual value;

  • b. In the case of public supply contracts, for an indefinite period or for which the duration of the contract cannot be determined, the monthly amount to be paid multiplied by 48.


Article 2.21

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The contracting authority shall estimate the value of public supply contracts or of supply contracts or services which are carried out by a certain degree of regularity or which the contracting authority intends to renew for a specified period on the following basis:

  • a. The total fair value of any similar consecutive public supply or service contracts placed during the preceding financial year or 12 months, adjusted if possible, for expected changes in the quantity or value for the 12 months following the first assignment; or

  • b. The estimated total value of the corresponding consecutive public supply or service contracts in the 12 months following the first delivery or service or for the financial year of the first delivery or delivery; provision of services, if that financial year extends over more than 12 months.


§ 2.1.2.3. Estimation of concession contracts for public works, dynamic purchasing systems and design contests

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Article 2.22

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  • 1 The Articles 2.15 to 2.21 shall be applied mutatis mutandis to the estimation of the value of a proposed public works concession contract, a dynamic purchasing system or a price to be issued.

  • 2 In addition to the first paragraph:

    • (a) the contracting authority shall calculate the value of a dynamic purchasing system from the estimated value of all public contracts envisaged for the total duration of the dynamic purchasing system;

    • (b) computes the contracting authority which provides for prize money or payments to candidates or tenderers on the basis of the estimated value of the value;

    • c. if the contracting authority does not exclude the award of a public contract in accordance with the price question in accordance with the negotiated procedure without notice, in determining the total amount of the prize money whether the reimbursement to the participants includes the value of the public contract which may be awarded at a later date.


Section 2.1.3. Public procurement contracts, public works concession contracts and design contests

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Article 2.23

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  • 1 By way of derogation from the Articles 2.1 to 2.6 the provisions of or pursuant to Part 2 of this Act shall not apply to public contracts, public works concession contracts and design contests:

    • a. which is awarded by contracting authorities in the field of defence, and which are covered by the scope of Article 346 of the Treaty on the Functioning of the European Union;

    • b. on which the Procurement law in the field of defence and security is applicable;

    • c. on which the Procurement law in the field of defence and security does not apply due to the Articles 2.3 , 2.16 and 2.17 of that Act ;

    • d. for civilian purchases placed in a third country, if armed forces are deployed outside the territory of the European Union and operational conditions require the public contract to be awarded to entrepreneurs who are in the The area of operations shall be established;

    • (e) which have been declared secret or whose execution must be accompanied by special security measures in accordance with the laws, regulations and administrative provisions in force, or if the protection of the essential interests of the Netherlands required;

    • (f) whose main aim is to enable the contracting authorities to make available, operate or provide public telecommunications services to public telecommunications networks;

    • g. for which other procedural rules apply and which are placed under an international agreement, concluded between the Kingdom of the Netherlands and one or more third countries, in accordance with the Treaty on the Functioning of the European Union; European Union, concerning:

      • 1 °. supplies or works intended for the joint establishment or exploitation of a work by the signatory States;

      • 2 °. services intended for the joint implementation or operation of a project by the signatory States;

    • (h) for which other procedural rules apply and which are placed as a result of an international agreement concluded in connection with the alloy of armed forces in a Member State or in a third country;

    • i. for which other procedural rules apply and which are placed according to the specific procedure of an international organisation.

  • 3 A contracting authority shall communicate to the European Commission an international agreement as referred to in paragraph 1 of the first paragraph.


Article 2.24

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By way of derogation from the Articles 2.1 to 2.6 the provisions of or pursuant to Part 2 of this Act shall not apply to public service contracts:

  • a. which is awarded by a contracting authority to another contracting authority or to a grouping of contracting authorities on the basis of an exclusive right which is to be awarded to that other contracting authority or to that entity partnership has been granted, provided that this is only directly compatible with the Treaty on the Functioning of the European Union;

  • (b) concerning the acquisition or rental, regardless of its financial arrangements, of land, existing buildings or other immovable property or the rights thereto, with the exception of those relating to financial services which before, be concluded simultaneously with or as a follow-up to the purchase or rental contract;

  • c. relating to the purchase, development, production or co-production of programme material intended for broadcasting by broadcasting organizations and transmission time agreements;

  • d. concerning arbitration and conciliation;

  • (e) in financial matters relating to the issue, purchase, sale and transfer of securities or other financial instruments and services provided by central banks;

  • f. employment contracts;

  • g. concerning research and development, with the exception of those contracts the results of which are intended to be used in their entirety for the contracting authority to use it in the exercise of its own activities, provided that the provision of services is complete shall be paid by the contracting authority.

Chapter 2.2. Procedures for the award of contracts for contracting authorities

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Section 2.2.1. Public and non-public procedure

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Article 2.25

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The contracting authority shall apply either the public procedure or the restricted procedure for the award of a public contract.


Article 2.26

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The contracting authority which applies the public procedure shall complete the following steps. The contracting authority shall:

  • a. makes an announcement of the government contract known;

  • (b) review whether a tenderer is covered by an exclusion ground established by the contracting authority;

  • (c) whether a non-excluded tenderer complies with the eligibility requirements of the contracting authority;

  • (d) review the conformity of tenders with the technical specifications, requirements and standards set by the contracting authority;

  • (e) assess the valid tenders in accordance with the award criterion referred to by the contracting authority; Article 2.114 and the further criteria specified in Article 2.115 ;

  • f. makes a report of the contract;

  • g. shall communicate the award decision;

  • h. may conclude the contract;

  • i. announces the announcement of the awarded contract.


Article 2.27

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The contracting authority which applies the restricted procedure shall complete the following steps. The contracting authority shall:

  • a. makes an announcement of the government contract known;

  • (b) examine whether a candidate is covered by an exclusion ground established by the contracting authority;

  • (c) whether a non-excluded candidate meets the eligibility requirements of the contracting authority;

  • (d) assess the candidates who have not been excluded or rejected on the basis of the selection criteria set by the contracting authority;

  • (e) invite the selected candidates to tender;

  • (f) review the conformity of tenders with the technical specifications, requirements and standards set by the contracting authority;

  • g. assesses the valid tenders in accordance with the award criterion referred to by the contracting authority; Article 2.114 and the further criteria specified in Article 2.115 ;

  • h. makes a report of the contract;

  • i. shall communicate the award decision;

  • j. may close the contract;

  • k. makes the announcement of the awarded contract known.


Section 2.2.2. Exceptions to the application of the public and non-public proceedings

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§ 2.2.2.1. Procedure for the competitive dialogue

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Article 2.28

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  • 1 The contracting authority may, if it is not considered possible by the application of the public procedure or the restricted procedure, to award a particularly complex public procurement procedure, the competitive dialogue procedure. Apply.

  • 2 A public contract is particularly complex where the contracting authority is not objective is:

    • define the technical means to meet the needs or the objectives, or

    • b. specify the legal or financial terms of a project.


Article 2.29

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The contracting authority applying the competitive dialogue procedure shall complete the following steps. The contracting authority shall:

  • a. makes an announcement of the government contract known;

  • (b) examine whether a candidate is covered by an exclusion ground established by the contracting authority;

  • (c) whether a non-excluded candidate meets the eligibility requirements of the contracting authority;

  • (d) assess the candidates who have not been excluded or rejected on the basis of the selection criteria set by the contracting authority;

  • (e) invite the selected candidates to participate in the dialogue;

  • f. maintains a dialogue with the selected candidates with the aim of determining the means to meet the needs of the contracting authority as best as possible and makes a choice of the solution or solutions to its needs May comply;

  • g. calls on the participants to submit their tender;

  • h. review the compliance of tenders with the solution or solutions submitted during the dialogue;

  • i. assesses the valid tenders according to the award criterion the economic most advantageous tender and the detailed criteria specified by the contracting authority, Article 2.115 ;

  • j. makes a report of the contract;

  • k. shall communicate the award decision;

  • l. may conclude the contract;

  • m. makes the announcement of the awarded contract known.


§ 2.2.2.2. Negotiated procedure with announcement

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Article 2.30

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  • 1 The contracting authority may apply the negotiated procedure with a notice:

    • a. Where the restricted procedure, the public procedure, or the competitive dialogue procedure have been applied on an irregularly basis, or where tenders are made which are unacceptable, provided that the tenders have been submitted by the Commission, where the procedure for the competition procedure is not acceptable, or where tenders are not made which are the original terms of the public contract are not substantially altered,

    • (b) in exceptional cases where the works, supplies or services of which the nature and the uncertain circumstances do not permit the fixing of the total price in advance,

    • c. in the case of a public service contract as referred to in Annex II, Part A, category 6 of Directive No 2004 /18/EC or intellectual services, for which, because of the nature of the services to be provided, the specifications of the public service contract cannot be established sufficiently precisely for the purpose of the public contract in accordance with the restricted procedure, or the public procedure by placing the choice of the best tender; or

    • d. in the case of a public works contract, which shall be carried out for the purpose of research, experimentation or development, and without the purpose of making a profit or covering the costs of research and development.

  • 2 A contracting authority may, if the circumstances referred to in paragraph 1, introductory sentence and subparagraph (a) arise from the communication of a notice of a public contract, if, in the course of the negotiation procedure, it alone The tenderers shall be subject to the criteria set out in the Divisions 2.3.4 to 2.3.6 and have submitted tenders in accordance with the formal requirements of the procurement procedure for the award of public contracts, during the prior open procedure or restricted procedure or competitive dialogue.


Article 2.31

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  • 1 The contracting authority which applies the negotiated procedure by means of a notice shall continue to follow the following steps. The contracting authority shall:

    • a. makes an announcement of the government contract known;

    • (b) examine whether a candidate is covered by an exclusion ground established by the contracting authority;

    • (c) whether a non-excluded candidate meets the eligibility requirements of the contracting authority;

    • (d) assess the candidates who have not been excluded or rejected on the basis of the selection criteria set by the contracting authority;

    • (e) invite the selected candidates to tender;

    • (f) review the conformity of tenders with the technical specifications, requirements and standards set by the contracting authority;

    • g. assesses the valid tenders in accordance with the award criterion referred to by the contracting authority; Article 2.114 , and the detailed criteria, Article 2.115 ;

    • h. negotiates with the tenderers;

    • i. makes a report of the contract;

    • j. shall communicate the award decision;

    • k. may conclude the contract;

    • l. makes the announcement of the awarded contract known.

  • 2 Where the contracting authority has applied to Article 2.30, first paragraph, point (a) and (2) , he shall simultaneously and in writing invite tenderers who have made an invitation to tender in the restricted procedure, the open procedure or the competitive dialogue procedure which satisfied the requirements for their fitness to be met. selection criteria, and where the exclusion grounds did not apply. In such a case, the contracting authority may omit the parts a to e of the first member.


§ 2.2.2.3. Negotiated procedure without notice

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Article 2.32

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The contracting authority may apply the negotiated procedure without notice if:

  • a. In case of application of the restricted procedure, the public procedure or the competitive dialogue procedure no or no suitable tenders or no requests to participate have been submitted, the initial terms of the public procurement is not substantially amended and the European Commission is presented at its request of a report of the original procedure,

  • b. the public contract may be entrusted to a particular economic operator for technical or artistic reasons or for reasons of protection of exclusive rights; or

  • (c) in so far as is strictly necessary where the time limits of the restricted or open procedure cannot be complied with as a result of events which the contracting authority has failed to take into account; shall be provided for and not be attributable to the contracting authority.


Article 2.33

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The contracting authority may apply the negotiated procedure without notice:

  • a. for the supply of products manufactured exclusively for research, experimental, study or development and whose production does not take place in large quantities with the aim of determining the commercial viability of the product to determine whether the costs of research and development,

  • b. Additional deliveries made by the original supplier which are intended:

    • 1 °. for partial renewal of works or installations for courtside use; or

    • 2. for the extension of existing supplies or installations, where a change of supplier would oblige the contracting authority to acquire equipment with other technical characteristics which are not compatible with the technical requirements of the properties of equipment already supplied or of any disproportionate technical difficulties arising from the use and maintenance of the equipment to be purchased, provided that the duration of such public supply and post-orders contracts is no longer than three years,

  • c. For supplies quoted and purchased on a commodity market; or

  • d. for the purchase of supplies at particularly favourable conditions from a supplier definitively stopping its trading activities, in the case of liquidators or liquidators of bankruptcy or of a judgment or in the application of the debt restructuring scheme natural persons or a similar procedure existing in other national legislation.


Article 2.34

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The contracting authority may apply the negotiated procedure without notice for a public service contract where that public contract arises from a procedure of the unwriting of a contest and according to the applicable must be awarded to the winner or to one of the winners of that contest, and the contracting authority shall invite all the winners of the contest to the negotiations.


Article 2.35

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The contracting authority may apply the negotiated procedure for additional works or services without notice in so far as such services or works are neither in the design of the design nor in the originally awarded public procurement contract may be recognised and technically or economically independent of the initial public procurement contract without any objections being expressed to the contracting authority or to the additional works or services strictly necessary for the performance of the To complete the original public contract and:

  • 1 °. the additional works or services resulting from an unforeseen circumstance have become necessary for the performance of that public contract;

  • 2 °. the award shall be made to the contractor or service provider performing the initial public works contract or public service contract; and

  • 3 °. the total amount of the public contract awarded for the supplementary works or services shall not exceed 50% of the amount of the initial public contract.


Article 2.36

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The contracting authority may, for new works or services up to three years following the award of the initial public contract, apply the negotiated procedure without notice, in so far as those works or services consist of a repetition of any similar works or services entrusted to the economic operator to which the initial public contract was awarded and to the same contracting authority:

  • 1. these works or services correspond to a basic project which was the subject of the initial public contract awarded with the application of the restricted procedure or procedure;

  • 2 °. the contracting authority already mentioned in the tender notice of the basic project that a procedure may be applied without notice; and

  • 3 °, the contracting authority applying Section 2.1.2 the total estimated amount estimated for the following works has been taken into account for the estimation of the value of the public contract.


Article 2.37

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The contracting authority which applies the negotiated procedure without notice passes through the following steps. The contracting authority shall:

  • (a) negotiate with the economic operators concerned;

  • b. makes a report of the contract;

  • c. shall communicate the award decision;

  • d. may conclude the agreement;

  • e. makes the announcement of the awarded contract known.


§ 2.2.2.4. Special rules for the award of public service contracts for B services

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Article 2.38

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  • 1 The contracting authority may for a public service contract concerning the services listed in Annex II-B of this Regulation. Directive No 2004 /18/EC apply the procedure for B services.

  • 2 If the contract referred to in paragraph 1 relates to both the services referred to in Annex II-A of this Regulation, Directive No 2004 /18/EC as for services referred to in Annex II-B of Directive No 2004 /18/EC the contracting authority may apply the procedure for B services if the estimated value of the B services is equal to or greater than that of the IIA-A services.

  • 3 For contracts relating to services for "health and social services", as set out in Annex II-B of Directive No 2004 /18/EC , subject to the second paragraph, the procedure for B services shall be applied, unless the contracting authority decides otherwise.


Article 2.39

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  • 1 The contracting authority which applies the B service procedure shall complete the following steps. The contracting authority shall:

    • a. review whether tenders meet the technical specifications, requirements and standards laid down by the contracting authority;

    • b. makes a report of the contract;

    • c. shall communicate the results of the award to the European Commission;

    • d. may publish an announcement of the awarded contract.

  • 3 By way of derogation from the second paragraph, the contracting authority shall publish a notice of the intention to award the public contract to the electronic procurement system, if that contract is a clear cross-border contract. Interest.


Section 2.2.3. Special procedures

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§ 2.2.3.1. Procedure for a public works concession contract

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Article 2.40

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  • 1 The contracting authority which wishes to conclude a public works concession contract shall apply the procedure for contract concession contracts.

  • 2 The first paragraph shall not apply to additional works which were neither included in the draft concession contract initially considered nor in the original contract concluded, and which, due to unforeseen circumstances, have not been included in the contract. the performance of the work, as described therein and entrusted to the concessionaire by the contracting authority, has become necessary:

    • a. if such additional works cannot be technically or economically undone from the concluded concession contract without providing the contracting authority with large inconveniences, and they are awarded to the economic operator with whom the contract is the concession contract is concluded; or

    • b. if these works, although separable from the execution of the original government contract, are strictly necessary for its completion.

  • 3 The total amount of the public contract referred to in paragraph 2 for the additional services or works shall not exceed 50% of the amount of the main work for which the concession contract is concluded.


Article 2.41

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The contracting authority which wishes to conclude a public works concession contract shall complete the following steps. The contracting authority shall:

  • a. makes an announcement of the government contract known;

  • (b) review whether a tenderer is covered by an exclusion ground established by the contracting authority;

  • (c) whether a non-excluded tenderer complies with the eligibility requirements of the contracting authority;

  • (d) review the conformity of tenders with the technical specifications, requirements and standards set by the contracting authority;

  • e. shall communicate the award decision;

  • f. may conclude the concession contract for public works;

  • g. to ensure that the concession holder is in the supply of contracts to the Article 2.154 to 2.156 shall respect the requirements laid down.


§ 2.2.3.2. Procedure for a contest

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Article 2.42

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A procuring entity shall apply the procedure for a contest for the design of a design contest.


Article 2.43

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  • 1 The contracting authority which applies the procedure for a contest shall complete the following steps. The contracting authority shall:

    • a. makes an announcement of the contest known;

    • (b) examine whether a participant is subject to an exclusion ground established by the contracting authority;

    • (c) whether a non-excluded participant complies with the criteria set by the contracting authority on eligibility criteria and selection criteria;

    • d. sets up a jury.

  • 2 The jury referred to in paragraph 1 (d) shall:

    • a. examines the submitted, anonymized plans or designs;

    • b. invites participants to reply to questions if they so wish;

    • c. determines its judgment;

    • d. shall draw up a report containing the ranking of the participants.

  • 3 The contracting authority shall make the jury's opinion known to the extent that it has reached a judgment, and shall publish the results of the contest.


§ 2.2.3.3. Procedure for the conclusion of a framework agreement

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Article 2.44

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For that purpose, a contracting authority wishing to conclude a framework agreement shall apply one of the following procedures:

  • a. the public procedure;

  • b. the restricted procedure;

  • c. if on the basis of Article 2.28 The procedure for the competitive dialogue shall be authorised;

  • d. if that is done on the basis of Article 2.30 shall be authorised, the negotiated procedure with a notice;

  • e. if that is done on the basis of the Articles 2.32 to 2.36 shall be authorised, the negotiated procedure without notice;

  • f. if on the basis of Article 2.38 is permitted, the B services procedure.


Article 2.45

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  • 1 A contracting authority wishing to award a public contract using a framework agreement concluded with a single economic operator shall apply the procedure for the award of a public contract by means of a framework agreement with a contract of a kind used for the award of a contract with a contract of public authority. add some economic operator, if this framework agreement is in accordance with Article 2.44 is closed.

  • 2 In the case referred to in paragraph 1, the contracting authority shall award the contract on the basis of the conditions laid down in the framework agreement.


Article 2.46

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A contracting authority wishing to award a public contract using a framework contract concluded with several economic operators shall apply the procedure for the award of a public contract by means of a framework agreement with more than one economic operator, if this framework agreement is in accordance with Article 2.44 is closed.


Article 2.47

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  • 1 In the Article 2.46 of this case, the contracting authority shall apply the terms of the framework agreement, without re-establishing competition for the economic operators concerned.

  • 2 If not all the conditions laid down in the framework agreement are laid down, the contracting authority shall continue with the following steps. The contracting authority shall:

    • (a) ask the operators concerned to submit tenders;

    • Assess the completed tenders in accordance with the award criteria set out in the framework agreement or procurement documents;

    • c. may conclude the agreement.


§ 2.2.3.4. Procedure for a dynamic purchasing system

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Article 2.48

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For this purpose, a contracting authority wishing to establish a dynamic purchasing system shall apply the public procedure, except for the stage of the award.


Article 2.49

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A contracting authority which establishes a dynamic purchasing system with the application of the public procedure shall complete the following steps. The contracting authority shall:

  • a. makes an announcement of the government contract known;

  • (b) review whether a tenderer is covered by an exclusion ground established by the contracting authority;

  • (c) whether a non-excluded tenderer complies with the eligibility requirements of the contracting authority;

  • (d) review whether the indicative tenders comply with the technical specifications, requirements and standards set by the contracting authority;

  • e. allow the non-excluded tenderers who have submitted a valid tender to the dynamic purchasing system.


Article 2.50

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A contracting authority which wishes to award a public contract within a dynamic purchasing system shall apply the procedure for placing a contract within a dynamic purchasing system.


Article 2.51

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A contracting authority applying the procedure for placing a contract within a dynamic purchasing system shall complete the following steps. The contracting authority shall:

  • a. makes a simplified announcement known;

  • (b) assess the indicative tenders and allow the non-excluded tenderers to be up to the dynamic purchasing system;

  • c. publishes an announcement in the system;

  • (d) invite all authorized tenderers to submit a tender;

  • e. assesses the tenders;

  • i. shall communicate the award decision;

  • j. may close the contract;

  • k. makes the announcement of the awarded contract known.

Chapter 2.3. Rules on notice, exclusion, selection and award

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Section 2.3.1. General

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§ 2.3.1.1. Economic operators

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Article 2.52

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  • 1 A contracting authority shall not reject candidates or tenderers who are entitled under the legislation of the Member State in which they are established to carry out the operation in question solely on the basis of their natural status as be a legal person or a legal person.

  • 2 A contracting authority may require a legal person for public service contracts, works contracts, public supply contracts and public supply contracts to be supplied by a legal person to whom it is intended to the names and professional qualifications of the persons responsible for the performance of the contract shall be recorded in the tender or in the request for participation.

  • 3 A grouping of economic operators may register or identify themselves as a candidate.

  • 4 A contracting authority shall not require the grouping of economic operators to have a certain legal form for the submission of an invitation to tender or to a request to participate in a grouping of economic operators.

  • 5 A contracting authority may require a contract to which the public contract is awarded that it adopts a particular legal form if it is necessary for the proper performance of the public procurement contract.


§ 2.3.1.2. Communication and intelligence

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Article 2.53

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  • 1 An entrepreneur may ask for information about a specific invitation to tender.

  • 2 The contracting authority shall reply to the questions raised in a note of information which it sends to all candidates or tenderers.

  • 3 An economic operator may request the contracting authority not to include certain information in the note of information where the disclosure of that information would cause damage to the legitimate economic interests of the undertaking.


Article 2.54

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  • 1 A contracting authority shall provide further information on the procurement documents no later than six days before the closing date for the submission of tenders, provided that the request for information is timely before the deadline for the submission of tenders. tenders have been made.

  • 2 By way of derogation from paragraph 1, the period referred to in that paragraph shall, in the case of application of the restricted procedure or negotiated procedure, apply to the application of Article 2.74 Four days.


Article 2.55

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A contracting authority may ask an economic operator to clarify or supplement its registration or request for participation, taking into account the requirements of the Articles 2.84 , 2.85 and 2.102 .


Article 2.56

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A procuring entity shall take appropriate measures to document the conduct of a procedure carried out by electronic means.


Article 2.57

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  • 1 Without prejudice to the provisions of this Act, a procuring entity shall not disclose information provided to it by an economic operator as confidential.

  • 2 Without prejudice to this Act, a procuring entity shall not disclose information from procurement documents or other documents that the entity has drawn up in connection with a procurement procedure, if that information can be obtained used to distort competition.


Section 2.3.2. Announcements

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§ 2.3.2.1. Prior information notice

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Article 2.58

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A contracting authority may publish a prior information notice stating:

  • a. In accordance with Section 2.1.2 the estimated amount and the main features of the public works contracts which it intends to award or close, where that amount is equal to or exceeds the amount specified in the contract Article 2.1 .

  • b. In accordance with Section 2.1.2 the estimated total amount per product group of the public supply contracts which the contracting authority intends to award in the course of the next 12 months, if that amount is € 750 000 or more;

  • c. in accordance with Section 2.1.2 estimated total amount per service category of the public service contracts for each of the service categories referred to in Annex II, Part A, of Directive No 2004 /18/EC , which the contracting authority intends to award in the course of the next 12 months, if that amount is equal to or greater than 750 000 000.


Article 2.59

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  • 1 The publication of the prior information notice shall be made by electronic means, using the electronic procurement system.

  • 2 The contracting authority shall use the form made available for this purpose by means of the electronic procurement system for the publication of the prior information notice.


Article 2.60

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  • 1 A contracting authority shall transmit the pre-announcement, as referred to in Article 2.58, part a , as soon as possible after the decision has been taken to approve the public works contracts programme which the contracting authority intends to award or close, using the electronic system for public procurement procurement to the European Commission.

  • 2 A contracting authority shall transmit the pre-announcement, as referred to in Article 2.58 (b) and (c) , as soon as possible after the beginning of the financial year, using the electronic procurement system, to the European Commission.


Article 2.61

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  • 1 By way of derogation from Article 2.60 the contracting authority may also publish the pre-announcement on its buyer profile.

  • 2 A buyer profile as referred to in the first paragraph shall be accessible by electronic means and may contain information on pre-announcements, ongoing procurement procedures, proposed purchases, contract award procedures, cancelled procedures and useful general information, such as a contact point, telephone and fax number, postal address and e-mail address.

  • 3 In the case referred to in the first paragraph, the contracting authority shall forward a notification of the prior information notice to the European Commission using the electronic procurement system.

  • 4 The notification referred to in paragraph 3 shall be made by means of the form made available for this purpose by means of the electronic system of procurement.

  • 5 A contracting authority shall publish the pre-announcement on its buyer profile not earlier than after the notification of such publication has been sent to the European Commission.

  • 6 The prior announcement on the buyer profile shall contain the date of the notification referred to in the fourth paragraph.


§ 2.3.2.2. Announcement

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Article 2.62

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  • 1 The contracting authority which intends to award a public contract shall publish a public contract notice to that effect.

  • 2 The publication of the notice shall be made by electronic means using the electronic procurement system.

  • 3 The contracting authority shall use the form made available for this purpose by means of the electronic procurement system for the publication of the notice.

  • 4 The first paragraph shall not apply where the contracting authority applies the negotiated procedure without notice.


Article 2.63

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The contracting authority shall indicate in the notice the means of proof in respect of the financial and economic capacity and the technical competence and professional capacity of the economic operator.


Article 2.64

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The contracting authority may demonstrate, by means of the acknowledgement of receipt of the publication of the European Commission, that it has published an announcement.


Article 2.65

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  • 1 The contracting authority shall make the announcement or its content not previously known in any other way than after it has been sent to the European Commission by means of the electronic procurement system.

  • 2 If the contracting authority also announces the notice in a manner other than the use of the electronic procurement system, that notice shall contain no information other than that which has been submitted to the European Commission. It shall, in any event, contain the date of transmission to the European Commission or the date of publication of the buyer profile.


Article 2.66

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  • 1 The contracting authority shall make available the procurement documents to the public procurement contract in any way free of charge.

  • 2 If the contracting authority also makes the procurement documents available to the public contract in a manner other than implementation of the first paragraph, the contracting authority may charge the costs for that method of distribution to the contracting authority. those who have requested that other means of providing the procurement documents.


Article 2.67

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  • 1 The contracting authority may publish a corrigendum to a previous notice.

  • 2 The publication of the rectification shall be effected by electronic means using the electronic procurement system.

  • 3 The contracting authority shall use the form made available for this purpose by means of the electronic procurement system for the publication of the rectification.


Article 2.68

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Where the contracting authority does not provide, by electronic means, free, direct and complete access to the procurement documents and all supplementary documents by electronic means, the contracting authority shall forward to the contracting authority the procurement documents and additional documents within six days of receipt of the request to the relevant economic operator, provided that this request has been made in good time before the closing date for the submission of tenders.


Article 2.69

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If the procurement documents are to be called upon to another authority, the contracting authority shall include in the call for participation in a restricted procedure, the competitive dialogue or a negotiated procedure with announcement, address of this authority and, where appropriate, the deadline for this request.


§ 2.3.2.3. Time limits

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Article 2.70

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The contracting authority shall fix the time limit for the submission of requests to participate or tenders, taking into account the subject-matter of the contract, the time required to prepare the application or to tender and the time limit for the preparation of the application or the tender procedure. Paragraph laid down rules on time limits.


Article 2.71

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  • 1 For open procedures, the time limit for submission of tenders shall be not less than 45 days from the date of dispatch of the notice.

  • 2 For restricted procedures, negotiated procedures with announcement and the competitive dialogue, the time limit for submitting requests to participate shall be at least 30 days from the date of dispatch of the notice. of the government contract.

  • 3 For restricted procedures, the time limit for the submission of tenders shall be not less than 40 days from the date on which the invitation to tender is sent.

  • 4 Where the procuring entity provides a prior information notice as intended Section 2.3.2.1 He may reduce to 29 days the deadline for the submission of tenders referred to in the first and third paragraphs, but in no case to less than 22 days.

  • 5 The period of time referred to in paragraph 4 shall be reduced only if the prior information notice contains all the information contained in the notice of the public contract referred to in Annex VII, Part A, of the Directive No 2004 /18/EC , to the extent that such information is available at the time of publication of the pre-announcement and provided that such prior information notice is at least 52 days and no more than 12 months before the date of dispatch of the notice of the The public contract has been sent for publication.


Article 2.72

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A contracting authority may set the time limits for the submission of tenders for the purpose of: Article 2.71, first and third paragraphs , reduce by five days if, by electronic means and from making the announcement, he offers free, direct and complete access to the procurement documents, taking into account: Section 2.3.2.2 , and, in the announcement, mentions the internet address that provides access to these documents.


Article 2.73

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If the procurement documents and the additional documents or further information requested in good time do not enter into the Articles 2.54 and 2.68 the contracting authority shall extend the time limit for the period laid down, or if the tenders can be made only after a visit to the spot, or after on-the-spot inspection of the documents belonging to the procurement documents. the submission of tenders in such a way as to enable all operators concerned to take note of all the information necessary for the preparation of tenders.


Article 2.74

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If for urgent reasons the in Articles 2.71 to 2.73 certain time limits cannot be complied with, a contracting authority may, in the event of a restricted procedure, the competitive dialogue procedure or a negotiated procedure, establish the following time limits:

  • a. Deadline for submission of requests to participate for at least 15 days from the date of delivery of the contract notice, or 10 days if the notice has been sent electronically in accordance with the model in the third point of Annex VIII to Directive No 2004 /18/EC ;

  • b. in the case of the restricted procedure and the competition-oriented dialogue, a period for the submission of tenders of at least 10 days, from the dispatch date of the invitation to tender, should be submitted. a tender.


Section 2.3.3. Cutlery

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§ 2.3.3.1. Technical specifications

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Article 2.75

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  • 1 A contracting authority shall include the technical specifications which it has set out in the procurement documents.

  • 2 The technical specifications provide equal access for tenderers and do not lead to unjustified obstacles in the opening up of public procurement to competition.


Article 2.76

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  • 1 A contracting authority shall set out the technical specifications:

    • a. by reference to technical specifications and to national standards transpoting European standards, European technical approvals, common technical specifications, international standards, other by European Standardisation bodies technical reference systems drawn up or, failing this, national standards, national technical approvals or national technical specifications on the design, calculation and execution of works and the the use of products,

    • b. In terms of performance requirements and functional requirements, which may contain environmental features, requiring such precision to require tenderers to determine the subject of the public procurement contract and the contracting authority/entity. the award of public contract,

    • c. in terms of performance requirements and functional requirements as referred to in subparagraph (b), referring under a presumption of conformity to these performance requirements and functional requirements to the specifications referred to in subparagraph (a); or

    • d. by reference to the specifications, referred to in paragraph (a), for certain characteristics, and reference to performance requirements and functional requirements, referred to in subparagraph (b), for other characteristics.

  • 2 A contracting authority shall be accompanied by the words "or equivalent" as referred to in subparagraph (a) of paragraph 1.

  • 3 A procuring entity requiring environmental characteristics by reference to performance requirements or functional requirements referred to in paragraph 1 (b) may make use of the detailed specifications or parts thereof, such as: established in Ecolabel marks, in so far as:

    • a. which are suitable for the definition of the characteristics of the supplies or services to which the public contract relates,

    • b. The requirements for the health marking have been developed on the basis of scientific data;

    • c. Eco-label marks have been adopted through a process to which all those involved, such as government bodies, consumers, manufacturers, retail and environmental organizations, can participate; and

    • d. The labels shall be accessible to all interested parties.

  • 4 A contracting authority may indicate that the products or services provided for in an eco-labelling mark comply with the technical specifications of the procurement documents.

  • 5 A contracting authority shall not, in the technical specifications, refer to a particular manufacturer, origin or method of operation, trade mark, health mark, or certificate of durability, environment or animal welfare, or on social grounds, a patent or a type, a certain origin or a certain production, thereby favouring or excluding certain companies or certain products, unless this is done by the object of the government contract justified.

  • 6 A contracting authority may include the notification or reference, as referred to in paragraph 5, in the technical specification where:

    • a. A sufficiently precise and understandable description of the subject matter of the public contract by the application of the first member or of the Article 2.77, first paragraph , is not possible, and

    • b. This notification or referral is accompanied by the words "or equivalent".


Article 2.77

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  • 1 A contracting authority which refers to the specifications referred to in Article 2.76, first paragraph, part a , an invitation to tender shall not reject the fact that the products and services offered do not meet the specifications to which it has referred, if the tenderer demonstrates, in his tender to the satisfaction of the contracting authority, that the products and services he proposed solutions that meet the requirements of those technical specifications in an equivalent manner.

  • 2 A contracting authority which proposes performance requirements or functional requirements as referred to in Article 2.76, first paragraph, points (b) and (c) , do not reject an invitation to tender for works, products or services if that registration complies with:

    • a. to a national standard transpoting a European standard;

    • b. a European technical approval,

    • c. to a common technical specification,

    • d. to an international standard or

    • e. to a technical reference system drawn up by a European standardisation organisation;

    where the specifications referred to in points (a) to (e) relate to the performance requirements or functional requirements laid down by the contracting authority.

  • 3 The contracting authority shall accept, if it makes use of the Article 2.76, fourth paragraph , referred to, any other appropriate means of proof, such as a technical file of the manufacturer or a test report by a recognised organisation.

  • 4 A contracting authority shall accept certificates from recognised organisations established in other Member States of the European Union.


Article 2.78

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In its tender, a tenderer shall demonstrate that the product, service or work is in accordance with the standard and meets the functional and performance requirements of the contracting authority.


§ 2.3.3.2. Subcontracting

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Article 2.79

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The contracting authority may provide in the procurement documents that a tenderer shall indicate in his tender how part of the public contract he intends to subcontract to third parties and which subcontractors it proposes.


§ 2.3.3.3. Special conditions

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Article 2.80

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A procuring entity may attach special conditions to the performance of a public contract, provided that such conditions are compatible with the Treaty on the Functioning of the European Union and in the notice or announcement of the procurement documents are listed. The conditions under which the government contract is carried out may be related to social or environmental considerations.


Article 2.81

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  • 1 In the procurement documents, a contracting authority shall indicate to which body the candidates or tenderers may obtain information on obligations relating to the provisions relating to taxation, environmental protection, employment protection and working conditions applicable in the Netherlands or, if the operations are carried out outside the Netherlands, that are in force in the area or place where the operations are carried out and which during the performance of the public contract on that operations will be applicable.

  • 2 A contracting authority shall request tenderers or candidates to indicate that they have taken into account, in the preparation of their tender, the obligations under the provisions on employment protection and the conditions of employment of the contracting authorities. conditions of employment applicable at the place where the operation is carried out.


§ 2.3.3.4. Reserved Assignment

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Article 2.82

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  • 1 The contracting authority may reserve the participation in a procedure for the award of a public contract or its execution to social work sites within the framework of programmes for protected employment if the majority of the parties concerned are concerned workers with disabilities who are unable to carry out professional activity in normal circumstances due to the nature or the severity of their disability.

  • 2 The contract notice shall state a reservation as referred to in the first paragraph.


§ 2.3.3.5. Variations

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Article 2.83

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  • 1 A contracting authority may allow tenderers to propose variants if the contracting authority uses the criterion of the most economically advantageous tender for the award of the contract.

  • 2 A contracting authority shall indicate in the notice of the public contract whether it authorises variants. A contracting authority shall only permit variants if it has indicated in the notice that they are authorised.

  • 3 A contracting authority which authorises variants shall indicate in the procurement documents the requirements of those variants at least, and how they are submitted.

  • 4 A contracting authority shall only consider the variants which fulfil the requirements laid down.

  • 5 In the case of procedures for the award of public supply contracts or public service contracts, a contracting authority which has granted variants shall not reject a variant solely on the grounds that this variant, if it has been chosen, rather a public service contract rather than a public supply contract, or would rather lead to a public supply contract rather than a public service contract.


Section 2.3.4. Own Declaration

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Article 2.84

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  • 1 A declaration of his own is a statement by an economic operator indicating:

    • a. or exclusion grounds shall apply to him;

    • (b) whether he complies with the eligibility requirements laid down in the notice or in the procurement documents;

    • (c) whether he fulfils or will comply with the technical specifications and implementing conditions which concern the environment and animal welfare or which are based on social considerations;

    • (d) whether and in what way he complies with the selection criteria.

  • 2 The data and intelligence that may be required in a statement and the model or models of that statement shall be determined by or under general management measure.


Article 2.85

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  • 1 The contracting authority shall require an economic operator to submit his own statement in response to his request for participation or registration using the model established for that purpose, and shall specify the information and information contained in the contract. Self-certification must be provided.

  • 2 The contracting authority shall not require an economic operator to provide information or information in other form when the request for participation or registration is made, where such information and information may be requested in the declaration of his own use.

  • 3 The contracting authority may require an economic operator to submit only supporting documents relating to the declaration which it has submitted which do not relate to information or information which may be requested in its own declaration, unless the contract is documents in respect of which the documents are: Article 2.93, first paragraph, point (a) or (b) .


Section 2.3.5. Exclusion, suitability and selection

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§ 2.3.5.1. Exclusion grounds

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Article 2.86

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  • 1 A contracting authority shall exclude a candidate or tenderer from whom a conviction referred to in paragraph 2 of the second paragraph has been declared by the contracting authority to which the contracting authority has knowledge of an irrevocable judgment. to a public contract or to a procurement procedure.

  • 2 For the purposes of application of paragraph 1, appropriate convictions shall be designated as follows:

    • (a) participation in a criminal organisation within the meaning of Article 2 (1) of Joint Action 98 /733/JHA (PbEG 1998, L 351);

    • (b) bribery within the meaning of Article 3 of the Council Decision of 26 May 1997 (PbEC 1997, L 195) and Article 3 (1) respectively of Council Joint Action 98 /742/JHA (PbEG 1998, L 358);

    • (c) fraud within the meaning of Article 1 of the Convention on the protection of the Community's financial interests (PbEG 1995, C 316);

    • d. Money laundering within the meaning of Article 1 of Directive No 91 /308/EEC of the Council of 10 June 1991 on the prevention of the use of the financial system for the purpose of money laundering (PbEG L 1991, L 166), as amended by: Directive No 2001 /97/EC of the European Parliament and of the Council (PbEG L 2001, 344).

  • 4 The contracting authority shall, when applying the first paragraph, only make judgments which have become irrevocable during the four years preceding the date of submission of the request for participation or the registration of the person concerned.


Article 2.87

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  • 1 The contracting authority may exclude a tenderer or candidate from participation in a public contract or a procurement procedure on the following grounds:

    • (a) the tenderer or the licensee is in a position of bankruptcy or liquidation; his work has ceased; it is subject to a payment or bankruptcy agreement, or to the candidate or tenderer in another country; a similar situation arising from a similar procedure which is found in the legislation or regulations applicable to it;

    • (b) an irrevocable judgment has been made vis-vis the candidate or tenderer on the basis of the laws and regulations applicable to him for infringement of a rule of professional conduct relevant to him;

    • (c) in the exercise of his profession, the tenderer or candidate has committed a serious error which may be likely to be incurred by the contracting authority;

    • (d) the tenderer or candidate has not fulfilled obligations on the basis of legal provisions applicable to him in respect of payment of social security contributions or taxes;

    • (e) the candidate or tenderer has committed itself to a serious extent to false statements in the provision of information required by a contracting authority or he has not provided that information.

  • 2 The contracting authority shall, when applying paragraph 1 (b), only make final decisions which shall be irrevocable during the four years preceding the date of the submission of the request for participation or the registration of the person concerned. have become, and in the application of paragraph 1 (c), only serious errors which have occurred during the four years preceding that specified date.


Article 2.88

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The contracting authority may refrain from applying Article 2.86 or Article 2.87 :

  • a. For overriding reasons of public interest;

  • (b) if, in the opinion of the contracting authority or tenderer, the candidate or tenderer has taken sufficient measures to restore confidence in breach of the law;

  • (c) where, in the opinion of the contracting authority, exclusion is not proportional to the time which has elapsed since the sentence and having regard to the subject-matter of the contract.


§ 2.3.5.2. Supporting evidence for exclusions

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Article 2.89

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  • 1 A candidate or tenderer may prove, by means of an extract from the commercial register, that at the time of submission of the request to take part or the invitation to tender is not more than six months, that the ground of exclusion of the tenderer may be Article 2.87, part a , he doesn't apply to him.

  • 2 A candidate or tenderer may, by means of a conduct declaration, which at the time of lodging the application for participation or registration does not exceed two years, shall prove that the grounds for exclusion provided for in the Articles 2.86 and 2.87, parts b and c In so far as it concerns an irrevocable conviction or an irrevocable order for breach of competition rules, they are not applicable to him.

  • 3 A candidate or tenderer may prove, by means of a statement by the tax authority, who at the time of lodging the request to participate or to tender is not older than six months, that the ground of exclusion, intended Article 2.87, part d , it doesn't apply to him.

  • 4 A contracting authority which submits a candidate or registration information to the grounds for the exclusion of the exclusions provided for in the Article 2.86 or Article 2.87 , do not apply to him, it shall also accept data and documents from another Member State which serve an equivalent purpose or which show that the exclusion ground does not apply to him.


Section 2.3.6. Eligibility requirements and selection criteria

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§ 2.3.6.1. Eligibility requirements

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Article 2.90

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  • 1 A contracting authority may require candidates and tenderers to be subject to fitness requirements.

  • 2 The criteria of eligibility referred to in paragraph 1 of this Article may cover:

    • a. Financial and economic capacity;

    • b. technical competence and professional competence;

    • (c) professional competence.

  • 3 Where the procuring entity proposes the suitability requirements referred to in point (a) of the second paragraph, these requirements shall not cover the amount of the aggregate turnover and the turnover of the business activity which is the subject of the public contract; unless the contracting authority justifies it in the procurement documents with compelling arguments.

  • (4) Where the fitness requirements referred to in point (a) of paragraph 2 relate to the amount of the total turnover and the turnover of the business activity which is the subject of the public contract, that requirement shall not exceed:

    • a. Three times the estimated value of the contract;

    • b. if the contract is divided into lots, three times the value of a plot or a cluster of plots to be carried out simultaneously;

    • (c) if the contract is a contract under a framework agreement, three times the value of the specific contracts which must be executed simultaneously;

    • d. if the contract is based on a framework agreement, the value of which is not known, three times the value of the framework agreement.

  • 5 A contracting authority shall, when preparing and establish a contract, only require the tenderer and the tender relating to and in a reasonable proportion to the subject-matter of the contract.


Article 2.91

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  • 1 An economic operator can in any case demonstrate his financial and economic capacity by one or more of the following:

    • a. Appropriate bank statements or proof of an insurance against occupational risks;

    • b. production of balance sheets or balance sheet extracts, where the legislation of the country of establishment of the economic operator provides for the disclosure of balance sheets; or

    • c. a statement concerning the total turnover and turnover of the business activity which is the subject of the public contract, not exceeding the last three financial years available, depending on the date of establishment of the undertaking or of the undertaking the date on which the economic operator started business, in so far as the turnover figures concerned are available.

  • 2 A contracting authority shall indicate in the contract notice or in the invitation to tender which of the information referred to in paragraph 1 and what other supporting documents it is required to submit.

  • 3 If, for good reason, the economic operator is unable to submit the supporting documents requested by the contracting authority, he may prove his economic and financial standing with other documents which the contracting authority considers appropriate.


Article 2.92

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  • 1 An economic operator may rely on the financial and economic questions of other natural or legal persons, irrespective of the legal nature of their links with those natural or legal persons, in respect of a particular public service contract. In such a case, an economic operator shall demonstrate to the contracting authority that he can actually have the resources necessary for the execution of the public contract by such natural or legal persons.

  • 2 Under the conditions referred to in paragraph 1, a consortium of economic operators may rely on the capacities of participants in the grouping or of other natural or legal persons.


Article 2.93

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  • 1 An economic operator shall demonstrate his technical ability or professional competence in one or more of the following ways, depending on the nature, quantity or size and purpose of the works, supplies or services:

    • a. through a list of works carried out in the last five years, which list is accompanied by certificates proving that the most important works have been properly implemented and in which the amount of works, location and location of the works the date on which they were carried out, indicating whether the works were carried out and completed under the rules of art, and which, where appropriate, were delivered by the competent authority directly to the competent authorities. contracting authority;

    • b. by means of a list of the main supplies or services carried out during the last three years, indicating the amount and date and of the public or private bodies to which they were assigned;

    • (c) by means of an indication of the technicians or technical bodies, whether or not belonging to the undertaking, of the economic operator, in particular those responsible for quality control and, in the case of public works contracts, of which will be available to the contractor for the purpose of carrying out the works;

    • d. by means of a description of the technical equipment of the supplier or service provider, of the measures it takes to ensure the quality and the possibilities offered by it in relation to designs and research;

    • e. in the case of complex products or services, or where they are required to respond to a particular purpose, by means of a check by the contracting authority or, in his name, by a competent official body of the country in which the supplier whether the service provider is established, subject to the agreement of that body, which relates to the capacity of the supplier or to the technical capacity of the service provider and, if necessary, to its capabilities on designs and research and the measures it takes to ensure the quality;

    • f. by means of the study and professional qualifications of the service provider or contractor or managerial staff of the undertaking and in particular of those entrusted with the provision of services or the management of the works;

    • g. for public works contracts or public service contracts, by indicating the environmental management measures which the economic operator can apply for the performance of the public contract;

    • h. by means of a statement of the average annual staffing of the company of the service provider or contractor and the size of the managerial staff during the last three years;

    • a declaration of the equipment, equipment and technical equipment available to the service provider or contractor for the execution of the public contract;

    • j. by defining the part of the public contract which the service provider may wish to subcontract;

    • k. for the products to be supplied, by means of samples, descriptions or photographs, the authenticity of which can be demonstrated by the contracting authority or by certificates issued by a recognised organisation, at the request of the contracting authority, declaring that products clearly identified by references respond to certain specifications or standards.

  • 2 The supplies and services referred to in paragraph 1 (b) shall be demonstrated in the case of supplies or services for a contracting authority by certificates issued or co-signed by the competent authority or, in the case of goods, of supplies or services for a private customer, by the customer's certificates or, failing that, by a declaration from the trader.

  • 3 A contracting authority which provides as a suitability requirement that the candidate has carried out previous contracts as referred to in paragraph 1 (a) and (b), asks for elements of the contract to be used for similar contracts previously carried out and not to previously performed contracts which, having regard to the nature, quantity or size and purpose of the contract, are the same.


Article 2.94

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  • 1 An economic operator may rely on the ability of other natural or legal persons, irrespective of the legal nature of his links with such natural or legal persons, for certain public contracts, provided that he proves that he have the resources necessary for the execution of the public contract.

  • 2 Under the conditions referred to in paragraph 1, a grouping of economic operators may rely on the competence of members of the grouping or of any other natural or legal person.


Article 2.95

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The contracting authority may, in the case of public works contracts, in the case of public supply contracts which require the installation or the installation, and in the case of public service contracts, the ability of economic operators to provide such services. to provide for the performance of such installation or work on the basis, in particular, of their practical skills, technical knowledge, efficiency, experience and reliability.


Article 2.96

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  • 1 If a procuring entity requires the production of an attestation drawn up by an independent body that the economic operator meets certain quality standards, he shall refer to quality assurance schemes established in the European normen series are based in this field and have been certified by bodies which comply with the European standards series for certification.

  • 2 A contracting authority shall accept equivalent certificates from bodies established in other Member States of the European Union. A contracting authority shall also accept other evidence of equivalent quality assurance measures.


Article 2.97

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  • 1 Where a procuring entity in a case as referred to in Article 2.93, first paragraph, part g Where a declaration drawn up by an independent body is required by an independent body to meet certain environmental management standards, he shall refer to the Community eco-management and audit scheme or to standards relating to the environment. Environmental management based on relevant European or international standards certified by recognised organisations or organisations answering to or from relevant European or international standards for certification.

  • 2 A contracting authority shall accept equivalent certificates from bodies established in other Member States. He shall also accept other evidence of equivalent measures in the field of environmental management.


§ 2.3.6.2. Professional jurisdiction

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Article 2.98

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  • 1 The contracting authority may require an economic operator wishing to take part in a public contract to show that he is in the register or the commercial register in accordance with the rules of the Member State in which he is established. entered, or a declaration under oath or a certificate, as referred to in Annex IX A of this Regulation, Directive No 2004 /18/EC for works contracts, as referred to in Annex IX B of Directive No 2004 /18/EC for public supply contracts and as set out in Annex IX C of Directive No 2004 /18/EC for public service contracts.

  • 2 In the case of procedures for the award of public service contracts, a contracting authority may, if the candidates or tenderers are required to have a special licence or if they are required to be a member of a particular organisation to be able to provide the service in question in their country of origin, require proof of their possession of this licence or be a member of the said organisation.


§ 2.3.6.3. Selection

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Article 2.99

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  • 1 The contracting authority may, on application of the restricted procedure, the competitive dialogue and the negotiated procedure with a notice of invitation to tender, limit the number of candidates to tender provided that there is sufficient number of suitable candidates.

  • 2 The contracting authority shall state in the notice the number of candidates which it intends to invite.

  • 3 The number of candidates which the contracting authority intends to invite shall be at least five and in the competitive dialogue and negotiated procedure with a notice of at least three, the non-public procedure.

  • 4 The number of candidates invited shall ensure effective competition.

  • 5 If the number of candidates not excluded and meets the eligibility criteria and selection criteria is lower than the number fixed by the contracting authority for an invitation to tender, the contracting authority may continue the procedure by inviting candidates or candidates to comply with the requirements for their fitness to be met.

  • 6 By application of the fifth paragraph, the contracting authority shall not invite economic operators who have not requested to participate, nor shall economic operators subject to exclusion conditions or who fail to meet the fitness requirements of the contracting authority.


Article 2,100

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In the application of Article 2.99, first paragraph , the contracting authority shall limit the number of candidates in an objective and non-discriminatory manner by means of rules or selection criteria and weightings set out in the notice.


§ 2.3.6.4. Verification of exclusion grounds, eligibility requirements and selection criteria

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Article 2.101

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Before the contract is awarded to the contracting authority, the contracting authority shall verify the suitability of any non-excluded tenderer, on the basis of its own declaration and evidence submitted on the basis of the contract. Article 2.85, third paragraph Have been requested.


Article 2.102

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  • 1 The contracting authority may verify the accuracy of one or more information or information contained in the statement of the candidates which it wishes to invite to submit an invitation to tender or to the tenderers which it intends to submit to Public procurement to be awarded.

  • 2 By application of paragraph 1, the contracting authority may require a candidate or tenderer to be referred to in that paragraph by the contracting authority. Articles 2.85 , 2.89 and 2.91 to 2.97 clarify and supplement the statements made and the documents submitted.


Section 2.3.7. Communication of exclusion and rejection

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Article 2.103

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  • 1 A contracting authority shall communicate in writing the rejection or exclusion of interested candidates and tenderers concerned in writing as soon as possible.

  • 2 At the request of a party concerned, a contracting authority shall inform a rejected candidate as soon as possible, but no later than 15 days after the receipt of its written request, of the reasons for the rejection.

  • 3 At the request of any party concerned, the contracting authority shall notify any unsuccessful tenderer as soon as possible, but no later than 15 days after the receipt of its written request, of the reasons for the rejection, including of the cases specified in the Articles 2.77 and 2.78 , the reasons for its decision that there is no equivalence exists or that the works, supplies or services do not meet the functional and performance requirements.


Article 2.104

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The contracting authority which is a communication as intended Article 2.103, first paragraph , does not provide any information provided that:

  • a. It would be contrary to any legal requirement,

  • b. would be in conflict with the public interest,

  • c. could harm the legitimate commercial interests of economic operators; or

  • d. could undermine fair competition between entrepreneurs.


Section 2.3.8. Award phase

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§ 2.3.8.1. Invitation to tender

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Article 2.105

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  • 1 When the restricted procedure, competitive dialogue or negotiated procedure is applied, the contracting authority shall simultaneously and in writing invite unsuccessful candidates not to be excluded and rejected. registration, to participate in the dialogue or to negotiate.

  • 2 The contracting authority shall invite at least the number of candidates set out in the notice, taking into account: Section 2.3.6.3 .


Article 2.106

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  • 1 The invitation to the candidates referred to in Article 2.105 , shall contain a copy of the procurement documents, or if the procurement documents are to be awarded in accordance with Article 2.72 have been made available by electronic means, provide the means of access to procurement documents.

  • 2 The invitation referred to in paragraph 1 shall also include:

    • a. a reference to the published contract notice;

    • (b) if the contracting authority applies the restricted procedure or the negotiated procedure with a notice, the closing date for the submission of tenders, the address to which they may be submitted, and the language or languages in which they are to be submitted must be lodged,

    • (c) where the contracting authority applies the competitive dialogue, the starting date and address of the consultation, as well as the language or languages used thereto,

    • d. Particulars of the documents which have been taken into account Article 2.102 where appropriate, to be attached, or in support of the candidate in accordance with Article 2.84 declaration provided, or in addition to the information referred to in Article 2.55 , and under the same conditions as in the Articles 2.91 to 2.97 , and

    • e. the relative weight of the award criteria of the public contract or the decreasing order of importance of the criteria, if that weight or that sequence is not in the notice of the government contract or the procurement documents indicate.


§ 2.3.8.2. Enrollment

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Article 2.107

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  • 1 The registration shall be in writing.

  • 2 The contracting authority shall determine the manner in which the tender is to be submitted.


Article 2.108

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The contracting authority shall not take notice of the content of the tender before the deadline for the submission of the tender has expired.


Article 2.109

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  • 1 In the case of a malfunction of the electronic system by means of which the tender must be submitted, which does not allow the submission of the tender shortly before expiry of the final deadline, the contracting authority may extend this period after the expiry of the deadline, provided that it has not yet taken notice of the content of any registration.

  • 2 All unsuccessful candidates and tenderers shall be informed by the contracting authority of the extension, referred to in paragraph 1, and shall have the opportunity to amend or supplement their subscription within the extension.


§ 2.3.8.3. Dialogue

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Article 2.110

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  • 1 When the competitive dialogue is applied, the award of the public contract shall take place on the basis of the criterion of the most economically advantageous tender.

  • 2 A contracting authority shall indicate in the contract notice the needs and requirements set out by the contracting authority in that notice or the descriptive document.

  • 3 A contracting authority shall open with the corresponding Section 2.3.6.3 selected candidates shall have a dialogue to determine the appropriate means of meeting their needs as best as possible.

  • 4 During the dialogue, the contracting authority may discuss with the selected candidates all aspects of the public procurement contract.

  • 5 The contracting authority shall ensure equal treatment of all tenderers during the dialogue and shall not provide any information which may confer advantages on one or more tenderers over others.

  • 6 The procuring entity shall not communicate the proposed solutions or any other confidential information provided by a participant in the dialogue to the other participants without the consent of the participant concerned.


Article 2.111

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  • 1 A contracting authority may provide that the competitive dialogue procedure is conducted in successive stages, so that the number of solutions to be discussed in the dialogue phase may be limited by means of the award criteria set out in the the notice of the public contract or the tender documents are indicated.

  • 2 The contracting authority shall ensure that, in the final phase, the number of solutions is such that effective competition can be guaranteed, provided that there is a sufficient number of suitable solutions or candidates.

  • 3 The first paragraph shall apply only if the contracting authority has indicated the possibility of announcing the contract or in the procurement documents.

  • 4 A contracting authority shall continue the dialogue until it can identify, where necessary after comparison, the solutions that may be required to meet its needs.

  • 5 After a procuring entity has terminated the dialogue and informed its participants, it shall request participants to submit their final tenders on the basis of the submitted and specified information submitted during the dialogue. solutions.

  • 6 The invitation to tender shall contain the closing date for the submission of tenders, the address to which they may be submitted, and the language or languages in which they are to be submitted.

  • 7 The tenderer shall provide that the invitation to tender, referred to in the fifth paragraph, shall contain all the necessary and necessary elements for the implementation of the project.

  • 8 A contracting authority may request a tenderer to explain the tender or to define it more accurately.

  • 9 If a request as referred to in paragraph 8 is made, the tenderer shall not substantially alter the basic elements of the tender or the tender.


Article 2.112

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  • 1 A contracting authority shall assess the tenders received based on the award criteria set out in the public contract notice or in the procurement documents and choose the most economically advantageous tender in accordance with Article 2.115 .

  • 2 A contracting authority may ask the tenderer whose tender is designated as the most economically advantageous tender to clarify aspects of its tender or to confirm the undertakings given in the tendering procedure, provided that this leaves the content of the tender or the announcement unchanged and does not result in distortion of competition or discrimination or is likely to lead to a distortion of competition.

  • 3 A contracting authority may provide for prizes or payments to the participants in the dialogue.


§ 2.3.8.4. Award criteria

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Article 2.113

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The contracting authority shall review the tenders submitted by the contracting authority in the notice or procurement documents, in accordance with the requirements of the contract or procurement document, and shall require performance requirements.


Article 2.114

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  • 1 The contracting authority shall award a public contract on the basis of the most economically advantageous tender, in the opinion of the contracting authority.

  • 2 A contracting authority may, by way of derogation from the first paragraph, award it on the basis of the lowest price. In that case, the contracting authority shall state the application of that criterion in the procurement documents.


Article 2.115

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  • 1 The contracting authority which applies the criterion of the most economically advantageous tender shall, in the notice of the public contract, publish the detailed criteria for the application of this criterion.

  • 2 The detailed criteria referred to in paragraph 1 may cover, inter alia:

    • a. quality;

    • b. price;

    • c. Technical value;

    • d. aesthetic and functional characteristics;

    • e. Environmental characteristics;

    • f. Cost of use;

    • g. profitability;

    • h. Customer service and technical assistance;

    • Date of delivery;

    • j. deadline for delivery or execution.

  • 3 The contracting authority shall specify in the contract notice or in the procurement documents the relative weight of each of the criteria chosen by it for the purpose of determining the most economically advantageous tender. This weight may be expressed by means of a margin with an appropriate difference between minimum and maximum.

  • 4 If, in the opinion of the contracting authority, no weighting is possible for demonstrable reasons, the contracting authority shall indicate in the contract notice or in the procurement documents or, in the case of the competitive dialogue, in the descriptive document, the criteria in descending order of importance.


§ 2.3.8.5. Abnormally low tenders

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Article 2.116

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  • (1) Where an invitation to tender is made for a public contract which appears to be abnormally low in relation to the works, supplies or services to be carried out, the contracting authority shall, before rejecting the invitation to tender, request in writing that the contract be registered for the purposes of the contract. clarifications deemed necessary on the composition of the invitation to tender concerned.

  • 2 The clarifications referred to in paragraph 1 may be related, inter alia, to:

    • a. the efficiency of the construction process, of the production process of the products or of the provision of services;

    • b. the chosen technical solutions or exceptionally favourable conditions for which the tenderer may benefit in the performance of the works, the supply of the products or the provision of services;

    • c. the originality of the design of the tenderer;

    • d. the observance of the terms and conditions of employment and working conditions applicable at the place where the public contract is carried out;

    • e. the receipt of State aid by the tenderer.

  • 3 The contracting authority shall examine, in agreement with the tenderer, the composition of the invitation to tender on the basis of the notes for information received.

  • 4 A contracting authority which finds that an invitation to tender is abnormally low because the tenderer has received State aid may reject the tender solely on that ground, if the tenderer is not, if requested, within one of the contracting authority may demonstrate that the aid in question has not been awarded in breach of Articles 107 and 108 of the Treaty on the Functioning of the European Union.

  • 5 If the contracting authority rejects a tender in a case as provided for in the fourth paragraph, it shall inform the European Commission accordingly.


§ 2.3.8.6. Electronic Auction

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Article 2.117

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  • 1 The contracting authority may, in the case of the public procedure, the restricted procedure and the negotiated procedure in a case such as Article 2.30, first paragraph, part a , allow the award decision to be preceded by an electronic auction, if:

    • a. he has reported this in the notice,

    • b. he has included in the procurement documents the information relating to the electronic auction; and

    • c. precise specifications for the public contract may be drawn up.

  • 2 The first paragraph shall not apply to the procurement of works or services for intellectual performance.

  • 3 The procuring entity does not abuse the electronic auction method nor uses the method to prevent, restrict or distort competition or to make substantial changes to the subject matter of the electronic auction. government contract as defined in the notice and recorded in the procurement documents.


Article 2.118

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  • 1 In the context of a dynamic purchasing system, a contracting authority may, in advance, allow the award of the public contract by an electronic auction if precise specifications for the public contract can be drawn up.

  • 2 Within the framework of a framework agreement concluded with several economic operators as referred to in Article 2.143 (b) (2) (b) (b) , a contracting authority may allow the award of the public contract to be preceded by an electronic auction, if precise specifications for the public contract may be drawn up.


Article 2.119

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The procurement documents relating to an electronic auction shall, in any event, contain the following information:

  • a. The elements of which the values are covered by the electronic auction, provided that these elements are quantifiable so that they can be expressed in figures or percentages;

  • b. any limits of the values that may be submitted, as they arise from the specifications of the subject matter of the public contract;

  • c. the information to be made available to the tenderers during the electronic auction and the time at which such information will be made available;

  • d. relevant information regarding the conduct of the electronic auction;

  • (e) the conditions under which the tenderers may submit bids, and in particular the minimum differences required for tenders;

  • f. relevant information regarding the electronic system used and the detailed technical provisions and specifications for the connection.


Article 2.120

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Before entering into the electronic auction, a contracting authority shall carry out a first full assessment of the tenders in accordance with the award criteria laid down and the weighting given to them.


Article 2.121

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  • 1 A contracting authority shall ensure that all tenderers who have submitted a tender in response to the functional and performance requirements are simultaneously invited by electronic means to submit new prices or new values.

  • 2 A contracting authority shall ensure that the request referred to in the first paragraph contains all relevant information for the individual connection to the electronic system used and specifies the date and time of the electronic auction.


Article 2.122

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A contracting authority may have the electronic auction run in different stages.


Article 2.123

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  • 1 A contracting authority shall send out the invitations to an electronic auction at the latest two working days before the auction begins.

  • 2 A contracting authority which uses the criterion of the most economically advantageous tender for the award shall attach to the invitation:

    • a. the result of the full review of the tender of the tenderer concerned; and

    • b. The mathematical formula that will determine automatic re-rankings in the electronic auction, depending on the submitted new prices or new values.

  • 3 In the formula referred to in paragraph 2 (b), the contracting authority shall process the weight assigned to all the criteria established in order to determine the most economically advantageous tender. For that purpose, any margins shall be expressed in a given value by the contracting authority.

  • 4 A contracting authority which authorises variants shall provide the separate formula for each variant.


Article 2.124

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  • 1 At all stages of the electronic auction, the contracting authority shall, without delay, communicate to all tenderers, in any case, the information which allows them to know their respective rankings at any time. Where the procurement documents are indicated in the procurement documents, the contracting authority may also communicate other information relating to other prices or values submitted.

  • 2 A contracting authority may also inform tenderers at any time of the number of tenderers participating in the auction phase.

  • 3 A contracting authority shall in no case communicate the identity of the tenderers during the course of the electronic auction.


Article 2.125

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  • 1 A contracting authority shall close the electronic auction in one or more of the following ways:

    • a. He may indicate in the invitation to participate in the auction a pre-determined date and a pre-determined time for the closure;

    • b. he may close the auction if he does not receive any new prices or values which meet the requirements relating to minimum differences if he mentions in the invitation to participate in the auction the time limit which he has after receipt of the last offer will take effect before the auction;

    • c. he may close the auction if all phases of the auction listed in the invitation to participate in the auction are dealt with.

  • 2 A contracting authority which has decided to close the electronic auction in accordance with paragraph 1 (c), in combination with the application of paragraph 1 (b), shall indicate in the invitation to participate in the auction the timetable for each of the phases of the auction.

  • 3 After the conclusion of the electronic auction, a contracting authority shall award the public contract in accordance with Article 2.114 on the basis of the results of the electronic auction.


§ 2.3.8.7. Negotiations

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Article 2.126

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  • 1 When the negotiated procedure is applied with notice, the contracting authority shall negotiate with tenderers on the tenders submitted by them, in order to adapt them to the requirements which the contracting authority is required to require in the notice of of the public contract, the procurement documents and any additional documents requested and in order to seek the best bid for the award of the public contract.

  • 2 The contracting authority shall ensure, during the negotiations, equal treatment of all tenderers and shall not provide any information which may confer advantages on one or more tenderers over others.

  • 3 A contracting authority may provide for the negotiated procedure to be negotiated in successive stages, so that the number of tenders negotiated, by applying the award criteria set out in the contract notice, is to be negotiated. The public contract or the procurement documents shall be reduced.

  • 4 The third paragraph shall apply only if the contracting authority has indicated that possibility in the contract notice or in the procurement documents.

  • 5 The contracting authority shall ensure that, in the final phase, the number of solutions is such that effective competition can be guaranteed, provided that there is a sufficient number of suitable solutions or candidates.


§ 2.3.8.8. Award Decision

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Article 2.127

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  • 1 A contracting authority shall meet a standstill period before closing the agreement envisaged by the award decision.

  • 2 The standstill period referred to in paragraph 1 shall begin on the day following the date on which the notification of the award decision has been sent to the tenderers concerned and candidates concerned.

  • 3. the standstill period referred to in paragraph 1 shall be at least 20 calendar days.

  • 4 A contracting authority shall not be required to apply the first paragraph where:

    • a. This Act does not require publication of the notice of public procurement by means of the electronic procurement system;

    • (b) the sole tenderer concerned is the person to whom the contract is awarded and no interested party has been involved;

    • c. the contract is based on a framework agreement or specific contracts based on a dynamic purchasing system as defined in Section 2.4.2 .


Article 2.128

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  • 1 A tenderer concerned as referred to in Article 2.127, second paragraph , any tenderer who is not definitively excluded is the case. The exclusion shall be final where the tenderers concerned have been informed and where the exclusion has been found lawfully by a court or no longer a remedy may be used against the exclusion.

  • 2 A candidate concerned as referred to in Article 2.127, second paragraph , any candidate to whom the procuring entity has not made available information on the rejection of its request to participate before the tenderers concerned have been informed of the award decision.


Article 2.129

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Notification of the award decision of a contracting authority shall not imply acceptance as intended for the purpose of Article 217, 1st paragraph, of Book 6 of the Civil Code of an entrepreneur's offer.


Article 2.130

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  • 1 The notification of the award decision to any tenderer or candidate concerned shall contain the relevant reasons for that decision and a precise definition of the period of suspension, as referred to in Article 4 (1) of the Regulation. Article 2.127, first paragraph , which applies.

  • 2 For the purposes of application of paragraph 1, the terms and advantages of the tender selected and the name of the beneficiary or parties to the framework agreement shall be understood in any case.

  • 3 The communication, referred to in paragraph 1, shall in any event be sent by electronic or fax to the tenderers concerned and interested parties concerned.


Article 2.131

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If during the suspensive period specified in Article 2.127, first paragraph Where an immediate supply of stock is requested in respect of the award decision in question, the contracting authority shall close the agreement envisaged by that decision no earlier than after the court or the tribunal, the decision has been taken on the application for interim measures and the time limit for suspension has expired.


§ 2.3.8.9. Reporting and publication

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Article 2.132

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The contracting authority shall draw up a report on the award of a public contract and the establishment of a dynamic purchasing system, which shall, where applicable, contain, in any case, the following information:

  • a. Name and address of the contracting authority;

  • b. subject matter and value of the public contract;

  • (c) the names of the selected candidates and the reasons for that choice;

  • d. the names of the candidates excluded and rejected with reasons for such exclusion or rejection;

  • e. the names of the unsuccessful tenderers with reasons for such rejection;

  • f. or there are any information which, at the request of an entrepreneur, has not been made part of the note of information intended to Article 2.53, second paragraph ;

  • g. the reasons for the rejection of registrations found to be abnormally low;

  • (h) the name of the successful tenderer and the statement of reasons for that choice and, if known, the part of the public contract which the successful tenderer intends to subcontract to third parties;

  • i. in the case of the competition-oriented dialogue procedure, the circumstances, intended in Article 2.28 , which justify the application of this procedure;

  • j. in the case of the negotiated procedure, the paragraphs 2.2.2.2 and 2.2.2.3 the circumstances justifying the application of the procedure;

  • k. where applicable, the reasons why the contracting authority has decided not to award a public contract or not to establish a dynamic purchasing system.


Article 2.133

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A procuring entity shall transmit the minutes referred to in Article 2.132 , at its request to the European Commission.


Article 2.134

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  • 1 The contracting authority which has awarded a public contract shall publish the contract award notice using the electronic procurement system within 48 days of the award of that public contract.

  • 2 The contracting authority shall, for the purpose of communicating the outcome of the procedure, use the form made available for that purpose by means of the electronic system of procurement.


Article 2.135

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Article 2 134 does not apply to commands based on a corresponding statement. Section 2.4.1 entered into a framework agreement concluded.


Article 2.136

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  • 1 Within 48 days of the award of a separate public procurement contract based on a dynamic purchasing system, a contracting authority shall, using the electronic procurement system, send a notification to the European Commission of the outcome of the procedure.

  • 2 A contracting authority may pool the results referred to in the first paragraph on a quarterly basis. If the contracting authority chooses to do so, it shall transmit the botched results within 48 days from the end of each quarter.


Article 2.137

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With regard to public service contracts as referred to in Annex II-B of Directive No 2004 /18/EC indicate a contracting authority when announcing the award of public contract or of its publication.


Article 2.138

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The contracting authority shall not publish certain information relating to the award of a public contract, where the disclosure of such data:

  • a. It would be contrary to any legal requirement;

  • b. would be in conflict with the public interest;

  • c. could harm the legitimate commercial interests of economic operators;

  • d. could undermine fair competition between entrepreneurs.

Chapter 2.4. Rules applicable to special procedures

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Section 2.4.1. Special rules for the award of a public contract by means of a framework agreement

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Article 2.139

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A contracting authority which closes a framework agreement after the application of a procedure as referred to in the Divisions 2.2.1 or 2.2.2 , on the basis of that framework agreement, may award public contracts in accordance with the procedures set out in Article 2.142 or Article 2.143 .


Article 2.140

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  • 1 The procedures referred to in the Articles 2.142 and 2.143 , may be applied only between a contracting authority and the economic operators which are originally parties to the framework agreement.

  • 2 In the award of public contracts based on a framework agreement, the parties may not make substantial changes to the terms of the framework agreement.

  • 3 The duration of a framework agreement shall not exceed four years, except in exceptional cases of duly substantiated justification.


Article 2.141

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A procuring entity shall not use a framework agreement to obstruct, restrict or distort competition and does not make improper use of a framework agreement.


Article 2.142

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  • 1 If a framework agreement has been concluded with a single economic operator, public contracts based on that framework agreement shall be awarded in accordance with the conditions laid down in the framework agreement.

  • 2 Public contracts on the basis of framework contracts with a single economic operator may be awarded by means of written consultation of that economic operator and, where necessary, request him to complete his tenders.


Article 2.143

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  • 1 If a framework agreement is concluded with several economic operators, this framework agreement shall be concluded with at least three economic operators, provided that the number of economic operators meeting the selection criteria, or the number of tenders submitted to the award criteria, which is sufficiently large.

  • 2 Public contracts on the basis of framework contracts with more than one economic operator may be awarded:

    • (a) by applying the terms laid down in the framework agreement, without re-establishing competition from the parties; or

    • If not all the conditions laid down in the framework agreement are determined by calling the parties to competition under the terms and conditions laid down in the framework agreement or in the procurement documents of the framework agreement, as follows: procedure:

      • 1 °. for a public contract to be awarded, the contracting authority shall consult in writing the economic operators able to execute the public contract;

      • 2 °. the contracting authority shall establish a sufficient period of time for the submission of tenders for a specific public contract, taking into account elements such as the complexity of the subject matter of the public contract and the the time required for the submission of tenders,

      • 3 °. tenders shall be submitted in writing and their content shall remain confidential until the time limit for the submission of applications has expired,

      • 4 °. the contracting authority shall award a public contract to the tenderer who has submitted the best tender on the basis of the award criteria laid down in the tender documents of the framework agreement.


Section 2.4.2. Special rules for the award of a public contract through a dynamic purchasing system

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Article 2.144

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  • 1 A contracting authority shall set up a dynamic purchasing system by applying all stages of the public procedure to the award of public contracts which are awarded under this dynamic purchasing system.

  • 2 The contracting authority shall allow all tenderers who satisfy the selection criteria and have submitted an indicative tender in accordance with the procurement documents and any additional documents to the dynamic purchasing system.

  • 3 A contracting authority shall allow indicative tenders to be improved at any time, provided that they do not deviate from the procurement documents.


Article 2.145

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  • 1 For the establishment of a dynamic purchasing system and for the award of public contracts, a procuring entity shall use electronic means in accordance with the provisions of the Article 4.12, first paragraph , the rules set out in electronic means.

  • 2 When setting up a dynamic purchasing system:

    • a. The contracting authority makes an announcement of a public contract, indicating that it is a dynamic purchasing system;

    • The contracting authority shall provide, in the procurement documents, details of, inter alia, the nature of the purchases considered to which the dynamic purchasing system relates, all the necessary information concerning the purchasing system, the use of the procurement electronic equipment and the details of the connection and technical specifications of the compound; and

    • c. provides the contracting authority simultaneously with the publication of the notice and until the expiry of the dynamic purchasing system by electronic means a free, direct and complete access to the procurement documents and all additional documents and the contracting authority shall indicate in the notice the internet address in which those documents can be consulted.


Article 2.146

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  • 1 An entrepreneur may submit an indicative tender to be admitted to a dynamic purchasing system under the conditions specified in Article 2.144, second paragraph .

  • 2 The contracting authority shall assess the indicative tender within 15 days of its submission.

  • 3 The contracting authority may extend the period referred to in the second paragraph, provided that an announcement of a public contract is not published in the intervening period.

  • 4 The contracting authority shall inform an economic operator as referred to in the first paragraph as soon as possible that it has been admitted to the dynamic purchasing system or that its indicative tender has been rejected.


Article 2.147

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  • 1 Before making an announcement for a specific contract notice, the contracting authority shall publish a simplified notice inviting all interested economic operators to Article 2.146, first paragraph , an indicative tender shall be submitted within a period of at least 15 days from the date of dispatch of the simplified notice.

  • 2 The contracting authority shall publish a notice for a specific contract not earlier than after the evaluation of all indicative tenders submitted within the period referred to in the first paragraph.


Article 2.148

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  • 1 The contracting authority shall invite all economic operators admitted to the dynamic purchasing system to submit a tender for a specific public contract which is placed within that dynamic purchasing system. To that end, the contracting authority shall set a sufficiently long time limit for the submission of tenders.

  • 2 The contracting authority may award the public contract to the tenderer who submitted the best tender on the basis of the award criteria set out in the notice of the public contract whereby the dynamic purchasing system shall be set. These criteria may be specified in the invitation referred to in the first paragraph.


Article 2.149

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  • 1 A dynamic purchasing system shall not take longer than four years.

  • 2 The contracting authority may, in exceptional circumstances duly justified, derogate from the time limit referred to in paragraph 1.

  • 3 The contracting authority shall not use a dynamic purchasing system to obstruct, limit or distort competition.

  • 4 The contracting authority which makes use of a dynamic purchasing system shall not charge any administrative costs to the economic operators concerned.


Section 2.4.3. Special rules concerning the construction of a complex social housing

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Article 2.150

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  • 1 A contracting authority may, in order to choose the contractor most suited to cooperate, apply a special procedure for the award of public contracts relating to the design and construction of a complex social security system. housing for which, by reason of the scale, complexity and probable duration of the works concerned, the plan is drawn up from the outset on the basis of close cooperation in a team consisting of the representatives of the contracting authority service, experts and the contractor entrusted with the execution of the works.

  • 2 A contracting authority shall, in the contract notice, give as precise a description as possible of the works referred to in paragraph 1, so that interested contractors can give themselves a clear picture of the project to be carried out can form.

  • 3 A contracting authority shall specify in this notice, in accordance with the qualitative selection criteria, Section 2.3.6 , to which personal, technical, economic and financial conditions are to be fulfilled.


Section 2.4.4. Special rules applicable to public works concessions

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Article 2.151

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  • 1 A contracting authority which wishes to make use of a public works concession contract shall publish its intention to do so by means of a notice for a public contract.

  • 2 The publication of the notice referred to in paragraph 1 shall be made by electronic means, using the electronic procurement system.

  • 3 The contracting authority shall use the form made available for this purpose by means of the electronic procurement system for the notice referred to in the first paragraph.


Article 2.152

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  • 1 A contracting authority wishing to use a public works concession contract shall set a deadline for the submission of tenders for at least 45 days from the date of dispatch of the contract. announcement.

  • 2 Article 2.73 shall apply mutatis mutandis to the time limit for the submission of tenders referred to in the first paragraph.


Article 2.153

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  • 1 A contracting authority:

    • (a) require the holder of a public works concession to subcontract to third parties at least 30% of the total value of the works for which the concession is granted; or

    • (b) asks tenderers for the concession itself to indicate in their tender what percentage of the total value of the works for which the concession is granted they intend to subcontract to third parties.

  • 2 In applying the first paragraph, subparagraph (a), the contracting authority shall take up the relevant percentage in the public works concession contract.

  • 3 A contracting authority shall ensure that the holder of a public works concession issued by it that is not itself a contracting authority, the Articles 2.154 to 2.156 Takes heed.


Article 2.154

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  • 1 A holder of a public works concession which is not itself a contracting authority applies to the award of a contract for works with third parties Article 2.154 where the value of this contract, net of sales tax, is equal to or greater than the amount specified in Article 63, first paragraph, of Directive No 2004 /18/EC .

  • 2 The first paragraph shall not apply if the contract for works meets the conditions, mentioned in Articles 2.32 to 2.36 .

  • 3 The holder of a concession, referred to in the first paragraph, calculates the value of a contract according to the Articles 2.13 to 2.22 .

  • 4 A grouping of undertakings formed to acquire the concession, or to the association of affiliated undertakings, shall not be regarded as third parties as referred to in the first paragraph.

  • 5 For the purposes of this Article, 'associated undertaking' means an undertaking:

    • a. to which the concessionaire can directly or indirectly exercise a dominant influence;

    • b. which may exert a dominant influence on the concessionaire; or

    • (c) which, together with the concessionaire, is subject to the dominant influence of another undertaking in respect of ownership, financial participation or the rules applicable to it.

  • 6 Dominant influence as referred to in paragraph 5 shall be presumed if an undertaking, directly or indirectly, in relation to another undertaking:

    • a. The majority of the subscribed capital of the undertaking,

    • (b) has the majority of votes attached to the shares issued by the undertaking; or

    • (c) more than half of the members of the company's administrative, managerial or supervisory board may appoint.

  • 7 An undertaking which is responsible for the award of a concession shall attach to the invitation to tender a complete list of related undertakings and the contracting authority shall, without delay, communicate the changes to that list of related undertakings.

  • 8 An amendment to the amount referred to in Article 63 of Directive No 2004 /18/EC , for the purposes of applying the first paragraph, shall apply as from the day on which the relevant decision of the European Commission enters into force.

  • 9 Our Minister shall make a notice in the Official Gazette of a decision referred to in the eighth paragraph.


Article 2.155

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  • 1 A holder of a public works concession which is not itself a contracting authority and which wishes to award a contract for works to a third party shall make known its intention to do so by means of a contract notice.

  • 2 The publication of the notice referred to in paragraph 1 shall be made by electronic means, using the electronic procurement system.

  • 3 The holder of a public works concession shall, for the purpose of the notice referred to in paragraph 1, use the form made available for that purpose by means of the electronic system of procurement.


Article 2.156

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  • 1 In the case of works contracts awarded by a holder of a public works concession which is not itself a contracting authority, the time limit set by the concessionaire for the submission of applications for participation shall be at least 37 days from the date of dispatch of the contract notice, and the time limit for submitting tenders shall be at least 40 days from the date of delivery of the contract notice or of the contract notice. invitation to tender.


Section 2.4.5. Rules relating to the procedure of a contest

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Article 2.157

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A procuring entity shall determine the rules on a contest in accordance with this Section and shall make those rules available to interested economic operators.


Article 2.158

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  • 1 The contracting authority which wishes to issue a contest shall publish its intention to do so in an announcement of a price demand using the electronic procurement system.

  • 2 The contracting authority shall make use of the forms made available on the electronic procurement system for the notice referred to in the first paragraph.


Article 2.159

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  • 1 In the case of a price demand with a limited number of participants, the contracting authority shall establish clear and non-discriminatory selection criteria.

  • 2 The contracting authority shall ensure that effective competition is ensured in all cases with the number of candidates invited to participate in the design contest.

  • 3 The contracting authority shall respect the anonymity of candidates until the judgement of the jury is made known.


Article 2.160

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  • 1 A contracting authority shall ensure that the jury is made up of natural persons who are independent of the participants in the contest.

  • 2 A contracting authority which requires the participants to obtain a particular professional qualification from the participants shall ensure that at least one third of the members of the jury have the same qualification or an equivalent qualification.


Article 2.161

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  • 1 The jury is independent.

  • 2 The Selection Board shall examine the projects on the basis of drafts submitted anonymously by the candidates and on the basis of the criteria set out in the contest notice.

  • 3 The Selection Board shall draw up a report signed by its members with the order of precedence laid down by it on the merits of each project, accompanied by its observations and any points requiring clarification.

  • 4 The jury shall respect the anonymity of candidates until the judgment of the jury has been made known.

  • 5 The Selection Board may, if necessary, invite candidates to respond to questions raised by the jury in its minutes, in order to clarify certain aspects of the projects.

  • 6 A contracting authority shall ensure that full minutes of the dialogue between the members of the jury and candidates are drawn up.


Article 2.162

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The jury shall, on the expiry of the time limit set for the submission of plans and drafts, be informed of the content of the panel.


Article 2.163

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  • 1 The contracting authority which issued a contest shall publish a notice on the results of the price demand by means of the electronic procurement system.

  • 2 If disclosure of the information about the outcome of the contest would impede the application of the law, would be contrary to the public interest, the legitimate commercial interests of an undertaking might be harmful or prejudice to the disclosure of the law. The contracting authority does not need to communicate this information to fair competition between service providers.

  • 3 Article 2.64 shall apply to the notice referred to in the first paragraph.


Part 3. Special sector contracts and design contests for special sector contracts

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Chapter 3.1. Scope

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Section 3.1.1. Scope

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Article 3.1

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  • 1 The provisions of or pursuant to Part 3 of this Act shall apply to the award of special sector contracts for the purposes of:

    • a. The making available or operating of fixed nets, intended for the provision of public services in the field of production, transport or distribution of gas or heat;

    • b. The gas or heat input to the nets specified in subparagraph (a).

  • 2 The supply of gas or heat to networks intended for the provision of public service by a public undertaking or of a holding or institution to which the State, a province, a municipality, a watership or a public-law institution Special law or exclusive rights shall not fall within the activities referred to in paragraph 1 (b) if:

    • (a) the production of gas or heat by the public undertaking, holding or establishment referred to in the chapeau is the inevitable result of the pursuit of an activity other than an activity as referred to in the first paragraph or in the Article 3.3 , 3.4 , 3.5 or 3.6 , and

    • (b) the supply to the public service network is intended to exploit this production economically, and does not exceed 20% of the turnover of the undertaking, calculated on the average of the last three years. years, including the current year.


Article 3.2

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  • 1 The provisions of or pursuant to Part 3 of this Act shall apply to the award of special sector contracts for the purposes of:

    • a. The making available or operating of fixed networks, intended for the provision of public services in the field of production, transport or distribution of electricity;

    • b. The power supply to networks as referred to in subparagraph (a).

  • 2 The supply of electricity to networks intended for the provision of public services by a public undertaking or a company or institution to which the State, a province, a municipality, a watership or an institution governed by public law are responsible for the provision of electricity to the public sector, Special law or exclusive rights shall not fall within the activities referred to in paragraph 1 (b) if:

    • a. The production of electricity is effected by the public undertaking, undertaking or establishment referred to in the chapeau, because the consumption of that electricity is necessary for the exercise of a activity other than an activity as defined in the First member, or in the Articles 3.1 , 3.3 , 3.4 , 3.5 or 3.6 , and

    • (b) the supply to the public service sector depends solely on the own consumption of the holding or institution concerned and does not exceed 30% of the total energy production of the holding or of the institution, calculated on the average of the last three years, including the current year.


Article 3.3

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  • 1 The provisions of or pursuant to Part 3 of this Act shall apply to the award of special sector contracts for the purposes of:

    • a. The making available or operating of fixed nets, intended for the provision of public services in the field of production, transport or distribution of drinking water;

    • b. The drinking water supply to networks as referred to in subparagraph (a).

  • 2 The provisions of Part 3 of this Act also apply to contracts or design contests which are awarded by a special sector undertaking carrying out an activity as referred to in the first paragraph, or which are related to:

    • a. Water engineering projects, irrigation or drainage, where the water intended for the supply of drinking water is greater than 20% of the total water available by means of these projects, irrigation or drainage, or

    • b. With the disposal or treatment of waste water.

  • 3 The supply of drinking water to networks intended for the provision of public services by a public undertaking or to a holding or institution to which the State, a province, a municipality, a watership or an institution governed by public law in particular: the activities referred to in paragraph 1 (b) do not cover the right or an exclusive right, if:

    • (a) the production of drinking water by the public undertaking, undertaking or establishment referred to in the introductory phrase is effected because the consumption of that drinking water is necessary for the pursuit of a different activity as specified in the Articles 3.1 , 3.2 , 3.4 , 3.5 or 3.6 and

    • (b) the supply to the public service provided solely on the basis of the own consumption of the holding or institution concerned and does not exceed 30% of the total drinking water production of the holding or of the institution, calculated on the average of the last three years, including the current year.


Article 3.4

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  • 1 The provisions of or pursuant to Part 3 of this Act shall apply to the award of special sector contracts with a view to the provision or operation of networks intended for the provision of public services in the field of transport by road. train, automatic systems, tram, trolleybus, car bus or cable at the bottom by or because of the state, a province or a municipality set conditions.

  • 2 By way of derogation from paragraph 1, the provisions of Part Three of this Act shall not apply to special sector contracts with a view to providing public bus services where such bus services, whether or not in a given geographical area, are territory, including by others other than the special-sector company and under the same conditions can be looked after.


Article 3.5

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  • 1 The provisions of Part 3 of this Act shall apply to the award of special sector contracts with a view to the provision of postal services.

  • 2 It is also applicable to or pursuant to Part 3 of this Act

    • a. the management of postal services;

    • b. Added value services related to electronic mail and which take place entirely by electronic means, including the secure transfer of encrypted documents by electronic means, address management services and the electronic mail system. forwarding of registered electronic mail,

    • c. Post-transmission services;

    • d. financial services;

    • e. philatelic services and

    • f. logistic services,

    where such services are provided by a special sector undertaking providing services as referred to in the first paragraph.


Article 3.6

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The provisions of or pursuant to Part 3 of this Act shall apply to the award of special sector contracts for the purpose of activities relating to the operation of a geographical area for the purpose of air, sea or river carriers to make available airport, seaport, inland port or other landing facilities.


Article 3.7

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  • 1 Where a special sector undertaking places a special sector assignment for the purpose of various activities, including activities other than those covered by the scope of application of the Articles 3.1 to 3.6 , if the contract is principally awarded for the purpose of carrying out an activity as referred to in those Articles, in accordance with Part 3 of this Act, shall the contract be determined by or pursuant to Part 3 of this Act.

  • 2 If it is not possible to determine objectively that a contract is primarily awarded for the purpose of carrying out activities as referred to in the Articles 3.1 to 3.6 , the command is placed:

    • a. in accordance with the application or under Part 2 of this Law, for public contracts, if the contract is also a public contract;

    • b. In accordance with the provisions for special sector contracts determined by or pursuant to Part 3 of this Act if the contract is not also a public contract.


Section 3.1.2. Application Scope

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Article 3.8

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  • 1 The provisions of or pursuant to Part 3 of this Act shall apply to the award of special sector contracts, the estimated value of which, excluding sales tax, is equal to or greater than:

  • 2 An amendment to the amounts referred to in Article 16 of Directive No 2004 /17/EC , for the purposes of this Article, it shall apply from the day on which the relevant decision of the European Commission enters into force.

  • 3 Our Minister makes a statement in the Official Gazette of a decision referred to in the second paragraph.


Article 3.9

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  • 1 The provisions of, or pursuant to Part 3 of, this Act apply to design contests to be written by special sector companies for which the estimated value of the contract or the total amount of prize money and payments to participants is to be submitted is equal to or greater than the provisions of Article 61 of Directive No 2004 /17/EC amount, exclusive of sales tax.

  • 2 An amendment to the amount referred to in Article 61 of Directive No 2004 /17/EC , for the purposes of this Article, shall apply from the day on which the relevant decision of the European Commission enters into force.

  • 3 Our Minister makes a statement in the Official Gazette of a decision referred to in the second paragraph.


Article 3.10

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  • 1 A special sector undertaking may award a contract through a central purchasing body, provided that the purchasing power plant complies with or pursuant to Part 3 of this Act for special sector undertakings in respect of that contract.

  • In the case referred to in paragraph 1, the special sector undertaking concerned has fulfilled the obligations imposed on it under Section 3 of this Law.


Section 3.1.3. Estimate of value

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§ 3.1.3.1. General provisions

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Article 3.11

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  • 1 The special sector company estimates the value of the proposed special sector contract or price demand in accordance with the Articles 3.12 to 3.19 .


§ 3.1.3.2. Estimation of special sector contracts

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Article 3.12

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  • 1 The special sector undertaking shall base the calculation of the estimated value of a special sector contract on the total amount, excluding sales tax, including options and renewals of the contract.

  • 2 The special-sector undertaking shall calculate the value of a framework agreement from the estimated value of all the special sector contracts envisaged for the duration of the framework agreement.

  • 3 If the special-sector undertaking provides for prize money or payments to candidates or tenderers, it shall calculate them in the estimated value of the contract.


Article 3.13

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  • 1 Article 2.16 shall be applied mutatis mutandis to the estimation of the value of a special sector contract for works.

  • 2 The special sector company counts the value of supplies or services that are not necessary for the execution of a special-sector contract for works not with the value of the contract with the intention to supply those supplies or services to the avoiding the application of this law.


Article 3.14

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Article 2.17 shall be applied mutatis mutandis to the estimation of the value of a special sector contract for services referred to in that Article.


Article 3.15

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  • 1 If a proposed work or proposed purchase of services can lead to special sector assignments simultaneously placed in separate lots, the special-sector company shall take the estimated total value of these lots as basis.

  • (2) If the aggregate value of the lots referred to in paragraph 1 is equal to or greater than the value of the aggregate Article 3.8, first paragraph, parts a or b , the amount referred to, shall be applicable to the placement of each parcel by or pursuant to Part 3 of this Act.

  • 3 The second paragraph shall not apply to:

    • (a) works contracts the estimated value of which does not exceed € 1 000 000, exclusive of turnover taxes,

    • (b) contracts for services whose estimated value does not exceed € 80 000, exclusive of turnover taxes,

    provided that the total estimated value of the lots referred to in (a) or (b) is not more than 20% of the total value of all the lots.


Article 3.16

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  • (1) Where a proposed acquisition of homogeneous supplies may lead to special sector contracts simultaneously placed in separate lots, the special sector undertaking shall take the estimated total value of these lots. for the estimate.

  • (2) If the aggregate value of the lots referred to in paragraph 1 is equal to or greater than the sum of the aggregate value of the parcels Article 3.8, first paragraph, parts a or b , the amount referred to, the special sector undertaking shall apply to the placement of each parcel, to or pursuant to Part 3 of this Act.

  • 3 The second paragraph shall not apply to lots whose estimated value does not exceed € 80 000, exclusive of turnover taxes, provided that the total estimated value of those lots does not exceed 20% of the total value of all the lots parcels.


Article 3.17

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The special sector company estimates the value of special sector contracts for supplies related to leasing, hire purchase or hire purchase of products with corresponding application of the industry. Article 2.20 (a) and (b) That was the basis.


Article 3.18

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The special-sector undertaking shall estimate the value of special sector contracts for supplies or services carried out with a certain regularity or which the special-sector undertaking wishes to renew for a specified period, with corresponding application of the Article 2.21, parts a or b That was the basis.


Article 3.19

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The special sector undertaking shall estimate the value of special sector contracts covering both supplies and services on the basis of the total value of the supplies and services, irrespective of their respective share, and of the value of the services. placing and installation therein.


§ 3.1.3.3. The estimation of dynamic purchasing systems and design contests

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Article 3.20

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  • 1 The Articles 3.12 to 3.19 shall be applied mutatis mutandis to the estimation of the value of a dynamic purchasing system or to a price to be issued.

  • 2 In addition to the first paragraph:

    • a. The special-sector undertaking shall calculate the value of a dynamic purchasing system from the estimated value of all the special sector procurement contracts envisaged for the total duration of the dynamic purchasing system;

    • (b) calculates the special-sector undertaking that provides for prize money or payments to candidates or tenderers by means of the estimated value;

    • c. if the special sector undertaking does not exclude the award of the special sector contract in the rules of the price question, in accordance with the negotiated procedure without notice, in determining the total amount of the contract. (i) prizes or the remuneration to the participants, taking into account the value of the special sector contract which can be awarded later.


Section 3.1.4. Special sector assignments and design contests

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Article 3.21

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  • 1 The Articles 3.1 to 3.6 shall not apply to activities referred to in those Articles:

    • a. Those of the scope of Directive No 2004 /17/EC except on the basis of a decision of the European Commission as referred to in Article 30 (4) of that Directive; or

    • (b) on which the European Commission, within the period referred to in Article 30 (6), of Directive No 2004 /17/EC has not taken a decision on the application of Article 30 (1) of that Directive.

  • 2 A special-sector undertaking may request the European Commission to provide that Article 30, first paragraph, of Directive No 2004 /17/EC is applicable. The special-sector company shall notify the request to our Minister.

  • 3 Our Minister shall communicate in the Official Gazette of a decision referred to in paragraph 1 (a) or not to take a decision within the time limit set out in Part 1 (b).


Article 3.22

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  • 1 By way of derogation from the Articles 3.1 to 3.6 the application to or pursuant to Part 3 of this Act shall not apply to special sector contracts and design contests for services:

    • (a) which have been declared secret or whose execution must be accompanied by special security measures in accordance with the laws, regulations and administrative provisions in force, or if the protection of the essential interests of the country is required;

    • b. For which other procedural rules apply and which are placed:

      • 1. on the basis of an international agreement, concluded between the Kingdom of the Netherlands and one or more third countries, in accordance with the Treaty on the Functioning of the European Union, on works, supplies, services or contests intended for the joint implementation or operation of a project by the signatory States;

      • 2. on the basis of an international agreement concluded in connection with the armed forces of the armed forces in respect of undertakings in the Netherlands or in a third country;

    • c. according to the specific procedure of an international organisation.

  • 2 A special sector undertaking shall communicate to the European Commission an international agreement as referred to in paragraph 1 (1) of paragraph 1.


Article 3.23

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  • 1 By way of derogation from the Articles 3.1 to 3.6 the application to or under Part 3 of this Act shall not apply to:

    • a. Special sector orders placed for resale or lease to third parties, where the special sector undertaking does not have a special or exclusive right to sell or lease the object of the contract and it is free of others the sale or lease on the same terms and conditions as the special-sector business;

    • b. Special sector contracts and design contests placed outside the territory of the European Union in circumstances where there is no physical exploitation of a network or a physical operation of a single market; geographical area within the European Union.

  • 2 The special-sector undertaking shall, at its request, inform the European Commission of the categories of products and activities covered by the first paragraph, section a, or the procurement and design questions referred to it by the first paragraph. (b) considers excluded.

  • 3 The special-sector company shall designate the European Commission in the communication, referred to in paragraph 2, on any sensitive commercial information and shall request the European Commission to take this into account.


Article 3.24

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  • 1 The provisions of Section 3 of this Act do not apply to the placing of special sector contracts:

    • a. by the special-sector undertaking in an undertaking related to that undertaking; or

    • b. by a joint venture, consisting exclusively of special sector enterprises, in an undertaking connected to one of the special sector undertakings concerned;

    where at least 80% of the average turnover of the related undertaking in the three years preceding the award of the contract is derived from the provision of such works, supplies or services to undertakings with which it is it is connected.

  • 2 If, in connection with the date of creation or the commencement of business operations of the related company, no data are available on turnover in the three years preceding the award of the contract, the related company shall undertaking to meet the requirement referred to in paragraph 1 if it is likely to achieve that turnover in the coming period.

  • 3 If the same or similar works, supplies or services are carried out by different undertakings connected with the special sector undertaking, the percentage referred to in paragraph 1 shall be calculated on the basis of the total turnover of these undertakings. related undertakings, originating from those works, supplies or services.

  • For the purposes of this Article, 'associated undertaking' means:

    • a. A company whose annual accounts have been consolidated with that of the special sector company according to the requirements of Directive No 83 /349/EEC of the Council of the European Communities of 13 June 1983 on the basis of Article 54, third paragraph, point (g) of the Treaty on consolidated accounts (PbEG L 3.17), or

    • (b) in the case where the special sector undertaking is not covered by the Directive referred to in subparagraph (a), an undertaking:

      • 1 °. to which the special-sector undertaking can exercise, directly or indirectly, the dominant influence,

      • 2 °. which may exercise a dominant influence over a special sector undertaking; or

      • 3 °. which, together with the special sector undertaking, are subject to the dominant influence of another undertaking in respect of ownership, financial participation or rules applicable to it.

  • 5 Dominant influence as referred to in paragraph 4 shall be presumed if a special sector undertaking, directly or indirectly, in respect of that undertaking:

    • a. The majority of subscribed capital,

    • (b) has the majority of the votes attached to the shares issued by the undertaking; or

    • (c) more than half of the members of the company's administrative, managerial or supervisory board may appoint.


Article 3.25

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  • 1 The provisions of Section 3 of this Act do not apply to the placing of special sector contracts:

    • a. by a joint venture, consisting exclusively of special sector enterprises, in one of those special sector companies;

    • b. by a special-sector undertaking in the case of a joint undertaking of which it is a member, provided that the joint undertaking was established to carry out the activity in question for at least three years and that undertaking's instrument of incorporation shall stipulate that the special-sector undertakings from which it is made will be part of that undertaking for at least three years.


Article 3.26

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The Special Sector Company shall inform the European Commission, at its request, of the application of the Articles 3.24 and 3.25 with regard to:

  • (a) the names of the undertakings or joint undertakings concerned;

  • b. the nature and value of the relevant Special Sector Command (s);

  • (c) the information which the European Commission considers necessary for proof that the relationship between the special-sector undertaking and the undertaking or joint undertaking to which the contracts are to be awarded, is to be found in the Articles 3.24 and 3.25 -I'm in.


Article 3.27

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The provisions of Section 3 of this Act shall not apply to special sector contracts for services:

  • a. concerning the acquisition or rental, regardless of its financial arrangements, of land, existing buildings or other immovable property or rights thereto, with the exception of contracts relating to financial services which before, at the same time as or as a follow-up to the purchase or rental contract, are concluded;

  • b. of arbitration and conciliation;

  • c. in financial matters relating to the issue, purchase, sale or transfer of securities as referred to in Article 1: 1 of the Law on Financial Supervision or other financial instruments and services provided by the central banks;

  • d. employment contracts;

  • e. for research and development, with the exception of those whose results are wholly to the special sector undertaking for use in the exercise of its own activities, provided that the provision of services is entirely covered by the special-sector holding is paid.


Article 3.28

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The provisions of Section 3 of this Act do not apply to special sector contracts awarded by a special sector undertaking to another special sector undertaking or to a partnership between the Member States and the Member States. special-sector enterprises based on an exclusive right granted to that other special-sector undertaking or the association concerned, provided that this is only directly compatible with the Treaty on the Functioning of the European Union Union.


Article 3.29

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The provisions of Section 3 of this Act do not apply to the award of special sector contracts for the purchase of water by a special sector undertaking which is an activity as defined by the Agreement. Article 3.3 -


Article 3.30

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The provisions of Section 3 of this Act do not apply to the award of special sector contracts for the supply of energy or fuel for the generation of energy by a special sector undertaking which is engaged in an activity as referred to in Article 2 (2). Article 3.1 or Article 3.2 -


Article 3.30a

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At or under Part 3 of this Law shall not apply to the award of special sector contracts to which:


Article 3.31

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  • 1 Undertakings operating in the field of exploration, prospecting or extraction of minerals, as provided for in Decision No 17. 93 /676/EEC of 10 December 1993 (PbEG L 316) establishing that the exploitation of geographical areas for the purpose of prospecting or extracting oil or gas in the Netherlands is not a constitutes a relevant activity within the meaning of Article 2 (b) (i), second paragraph, of Directive No 90 /531/EEC of the Council and that the services which carry out this activity in the Netherlands are not considered to be eligible for special or exclusive rights within the meaning of Article 2 (b) of this Directive, before they written agreement for consideration closes to the provision of works, supplies or services, that agreement is open to competition.

  • 2 An undertaking referred to in paragraph 1 shall notify the conclusion of the agreements referred to in that paragraph in accordance with the conditions set out in Decision No 1. 93 /327/EEC of the Commission of the European Communities of 13 May 1993 laying down the conditions under which special-sector enterprises operate those geographical areas for the purposes of prospecting and extraction of oil, gas, coal or other solid fuels, to provide information to the Commission on contracts awarded by them (PbEG L 129).

Chapter 3.2. Procedures for the award of special sector contracts

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Section 3.2.1. Public and non-public procedure and negotiated procedure

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Article 3.32

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The special sector undertaking shall apply the public procedure, the restricted procedure or the negotiated procedure for the award of a contract.


Article 3.33

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The special sector undertaking to apply the public procedure shall follow the following steps. The special sector undertaking:

  • a. makes an announcement of the special-sector contract known;

  • (b) whether or not a tenderer complies with the requirements of the special sector undertaking or the qualification system;

  • (c) review whether tenders meet the technical specifications, requirements and standards set by the specialsector undertaking;

  • (d) assess the valid tenders in accordance with the award criterion set by the specialsector undertaking, as specified in Article 2.114 and the further criteria specified in Article 2.115 ;

  • e. shall communicate the award decision;

  • f. may conclude the agreement;

  • g. makes the announcement of the awarded contract known.


Article 3.34

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The special sector undertaking applying the non-public procedure shall follow the following steps. The special sector undertaking:

  • a. makes an announcement of the special-sector contract known;

  • (b) review whether a candidate complies with the requirements of the special sector undertaking or the qualification system;

  • (c) invite non-excluded or unrejected candidates to submit a tender;

  • d. review the compliance of the tenders with the technical specifications, requirements and standards set by the special sector undertaking;

  • (e) assess the valid tenders in accordance with the award criterion set by the specialsector undertaking and the detailed criteria referred to in Article 2.115 ;

  • f. shall communicate the award decision;

  • g. may conclude the contract;

  • h. announces the announcement of the awarded contract.


Article 3.35

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The special sector undertaking that applies the negotiated procedure with a notice shall continue to follow the next steps. The special sector undertaking:

  • a. makes an announcement of the special-sector contract known;

  • (b) review whether a candidate complies with the objective criteria laid down by the specialsector undertaking or the qualification system;

  • (c) whether a candidate does not meet the fitness requirements of the special-sector undertaking;

  • d. may enter into consultations with the candidates which have not been excluded or rejected;

  • (e) invites tenders not to be excluded or rejected;

  • (f) review the compliance of the tenders with the technical specifications, requirements and standards set by the special sector undertaking;

  • g. may enter into consultations with the tenderers;

  • h. may ask tenderers to supplement the tender or to make a new registration;

  • i. assesses the valid tenders in accordance with the award criterion referred to by the specialsector undertaking, as referred to in Article 2 (1). Article 2.114 , and the detailed criteria, Article 2.115 ;

  • j. negotiates with the tenderers;

  • k. shall communicate the award decision;

  • l. may conclude the contract;

  • m. makes the announcement of the awarded contract known.


Section 3.2.2. Exceptions to the application of the public and non-public procedure and the negotiated procedure with a notice

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§ 3.2.2.1. Negotiated procedure without notice

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Article 3.36

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The special sector undertaking may apply the negotiated procedure without notice if:

  • (a) when the restricted procedure is applied, no tenders or no requests to participate have been submitted, or no requests to participate have been submitted and the original terms of the contract are not substantially altered;

  • (b) a contract for research, trial, study or development, and without the objective of ensuring profitability or covering the costs of research and development, provided that the award of such a contract is does not prevent a contract notice from being made for subsequent contracts, which are designed to achieve this objective in particular;

  • c. the performance of the contract cannot be entrusted for technical or artistic reasons or for reasons of protection of exclusive rights only to a particular economic operator,

  • d. insofar as is strictly necessary, where the time limits of the restricted procedure, the public procedure or the negotiated procedure with a notice of urgency cannot be complied with as a result of events which could not be foreseen by the special sector company.


Article 3.37

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The special sector undertaking may apply the negotiated procedure without notice:

  • a. Additional deliveries made by the original supplier which are intended to:

    • 1 °. for partial renewal of frequently used supplies or installations, or

    • 2. for the extension of existing supplies or installations, where a change of supplier would oblige the special sector undertaking to purchase equipment with other technical characteristics which are not compatible with the requirements of the technical characteristics of equipment already supplied or technical difficulties with regard to the use and maintenance of the equipment to be purchased are present;

  • b. for additional works or services not included in the originally awarded design, or in the first awarded contract, but which are necessary for the execution of this contract due to an unforeseen circumstance be made, provided that the award is made to the contractor or service provider carrying out the first contract:

    • 1 °. if such additional works or services cannot be carried out technically or economically separately from the main contract without providing the special sector undertaking with large inconveniences, or

    • 2 °. where such additional works or services, although separable from the performance of the original contract, are strictly necessary to complete them.


Article 3.38

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  • 1 The special-sector undertaking may apply the negotiated procedure without notice:

    • a. In the case of works contracts, where new works consist of the repetition of similar works entrusted by the same special-sector undertaking to the contractor responsible for a previous contract, provided that:

      • 1. these works correspond to a basic project and this project was the subject of an initial contract which was awarded after an announcement; and

      • 2 °. the special-sector undertaking has already indicated in the tender notice of the basic project that a procedure may be applied without prior notice,

      except that the special-sector undertaking shall take into account the total estimated amount for the following works for the purposes of the application of the Section 3.1.3 ,

    • b. For supplies quoted and purchased on a commodity market,

    • c. In the case of occasional purchases, where there is a particularly advantageous opportunity for purchases for a very short period of time, and the price to be paid is significantly lower than normal on the market,

    • d. for the purchase of supplies at particularly favourable conditions from a supplier definitively stopping its trading activity, in the case of liquidators or liquidators of bankruptcy, or of a judgment or in the application of the debt restructuring scheme natural persons or similar procedure existing in other national legislation. or

    • e. if the service assignment arises from a price demand determined by or pursuant to Part 3 of this Act, and according to the applicable rules to the winner or to one of the winners of that contest -to be awarded.

  • 2 When application of the first paragraph, subparagraph (e), all the winners of the price question to participate shall be invited to the negotiations.


Article 3.39

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The special sector undertaking to apply the negotiated procedure without notice passes through the Article 3.35, parts g to m , said steps.


§ 3.2.2.2. Special rules concerning the placing of special-sector contracts for B-services

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Article 3.40

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  • 1 The special sector undertaking may for a special sector contract concerning services listed in Annex XVII-B of this Regulation. Directive No 2004 /17/EC apply the procedure for B services.

  • 2 If the contract referred to in paragraph 1 applies to both services referred to in Annex XVII-A to Directive No 2004 /17/EC as on services referred to in Annex XVII-B of Directive No 2004 /17/EC the special-sector undertaking may apply the procedure for B services if the estimated value of the B services is equal to or greater than the value of the services referred to in Annex XVII-A of this Regulation. Directive No 2004 /17/EC .


Article 3.41

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  • 1 The special sector company applying the B services procedure continues the next steps. The special sector undertaking:

    • a. review the compliance of the tenders with the technical specifications, requirements and standards set by the special sector undertaking;

    • b. shall communicate the results of the award to the European Commission;

    • c. may publish an announcement of the awarded contract.

  • 3 By way of derogation from the second paragraph, the special sector undertaking shall ensure an appropriate degree of publicity for the announcement of the intention to award a special sector contract, if that contract is a clear cross-border interest.


Section 3.2.3. Special procedures

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§ 3.2.3.1. Procedure for a contest

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Article 3.42

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A special sector company applies to the procedure of a contest for the design of a price question.


Article 3.43

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  • 1 The special sector undertaking applying the price demand procedure shall follow the following steps. The special sector undertaking:

    • a. makes an announcement of the contest known;

    • b. To assess whether a participant complies with the objective criteria or approval arrangements made by the special sector undertaking;

    • c. sets up a jury.

  • 2 The jury referred to in paragraph 1 (c) shall:

    • a. examines the submitted, anonymized plans or designs;

    • b. invites participants to reply to questions if they so wish;

    • c. determines its judgment;

    • d. shall draw up a report containing the ranking of the participants.

  • 3 The special-sector company makes the jury's verdict known, to the extent that it has come to a judgment, and makes the results of the contest known.


§ 3.2.3.2. Procedure for the conclusion of a framework agreement

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Article 3.44

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To this end, a special sector undertaking which wishes to conclude a framework agreement shall be subject to public, restricted or negotiated procedures with a notice of notice or, if that is the case, Articles 3.36 to 3.38 shall be authorised, the negotiated procedure without notice.


Article 3.45

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A special sector undertaking wishing to place a special sector contract using a framework agreement may apply the negotiated procedure without notice, if this framework agreement is in accordance with Article 3.44 is closed.


Article 3.46

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A special-sector company does not make improper use of a framework agreement, with the result that competition would be limited, prevented or falsified.


§ 3.2.3.3. Procedure for a dynamic purchasing system

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Article 3.47

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  • 1 A special sector undertaking which wishes to establish a dynamic purchasing system shall apply the public procedure, except for the stage of the award.


Article 3.48

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A special sector company that sets up a dynamic purchasing system with the application of the public procedure, runs through the following steps. The special sector undertaking:

  • a. makes an announcement of the special-sector contract known;

  • (b) review whether a tenderer meets the objective criteria set by the specialsector undertaking;

  • (c) review whether the indicative tenders comply with the technical specifications, requirements and standards set by the specialsector undertaking;

  • d. allow the non-excluded tenderers who have submitted a valid tender to the dynamic purchasing system.


Article 3.49

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The Articles 2.50 and 2.51 shall apply mutatis mutandis to special sector contracts.

Chapter 3.3. Rules for special sector contracts on notice, exclusion, selection and award

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Section 3.3.1. General

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Article 3.50

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Section 2.3.1 shall apply mutatis mutandis to special sector contracts.


Section 3.3.2. Announcements

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§ 3.3.2.1. Periodic indicative notice and notices concerning the existence of a qualification system

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Article 3.51

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  • 1 A special sector undertaking shall, at least once a year, submit a periodic indicative notice to be distributed by the European Commission or by the special-sector undertaking itself through its buyer profile:

    • a. the main features of the works contracts or the framework agreement for works which it intends to place or close during the next 12 months, if the estimated amount, taking into account Section 3.1.3 , is equal to or exceeds the amount specified in the Article 3.8 (a) ;

    • b. the estimated total amount of supply contracts or the framework agreement for deliveries by product group which it intends to award or close during the next 12 months, if the estimated total amount, with compliance with Section 3.1.3 , of € 750 000 or more;

    • c. the estimated total amount of services contracts or the framework agreement for services for each of the services listed in Annex XVII-A of Directive No 2004 /17/EC , which he intends to place or close during the next 12 months, if the estimated total amount, taking into account Section 3.1.3 , € 750 000 or more.


Article 3.52

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  • 1 A special-sector undertaking shall send the periodic indicative notice, as referred to in Article 3.51, first paragraph, part a , as soon as possible after the decision has been taken to approve the program for the special sector contracts for works that the special-sector company intends to place or close, using the electronic system. procurement to the European Commission.

  • 2 A special-sector company shall send the periodic indicative notice, as referred to in Article 3.51, first paragraph, points (b) and (c) , as soon as possible after the beginning of the financial year, using the electronic procurement system, to the European Commission.


Article 3.53

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  • 1 By way of derogation from Article 3.52 the special-sector company may also publish the periodic indicative notice on its buyer profile.

  • 2 Article 2.61 , second to sixth paragraphs, shall apply mutatis mutandis.


Article 3.54

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A special sector undertaking may announce or publish a periodic indicative notice on major projects, or publish it by the European Commission, without informing them of the information already provided in a periodic indicative notice. repeat, provided that it is clearly stated that these notices are in addition.


Article 3.55

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  • 1 Where a special-sector undertaking provides an arrangement for the recognition of economic operators as intended by Article 3.66 The Commission shall, using the electronic procurement system, make an announcement indicating the purpose of the scheme and the manner in which access to the scheme can be obtained.

  • 2 If the arrangement, referred to in the first paragraph, lasts for three years or more, the special sector undertaking shall inform the notice on an annual basis.

  • 3 If the arrangement, referred to in the first paragraph, lasts less than three years, the special sector undertaking shall be sufficient to make a single announcement.


§ 3.3.2.2. Announcement

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Article 3.56

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  • 2 The special-sector undertaking shall indicate in the notice or in the invitation to tender the means of proof with respect to the required requirements and the technical specifications, requirements and standards he shall require of the economic operator.

  • 3 As an announcement as referred to in paragraph 1, the special-sector undertaking shall be sufficient to announce the existence of a qualification system or a periodic indicative notice if the latter are:

    • a. specific reference to works, supplies or services to which the contract relates;

    • (b) states that the contract will be awarded by a restricted procedure or a negotiated procedure with a notice and interested economic operators shall request their interest to be notified in writing;

    • c. dispatched at least 12 months before the invitation to participate.


Article 3.57

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Where the special-sector undertaking does not, by application of the public procedure, provide free, direct and complete access to the procurement documents and any additional documents by electronic means, the special-sector undertaking shall send the procurement documents and additional documents within six days of receipt of the request to the economic operators provided that such request has been made in good time before the closing date for the submission of tenders.


§ 3.3.2.3. Time limits

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Article 3.58

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A special-sector undertaking shall set the time limit for the submission of requests to participate or tenders, taking into account the subject-matter of the contract, the time required to prepare the application or to tender and the time limit for the submission of tenders. Paragraph laid down rules on time limits.


Article 3.59

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  • 1 For open procedures, the time limit for submission of tenders shall be not less than 45 days from the date of dispatch of the notice.

  • 2 For restricted procedures and negotiated procedures with notice, the time limit for submitting requests to participate shall be at least 30 days from the date of delivery of the notice of the special sector contract.

  • 3 In the restricted procedure and negotiated procedure with notice, the time limit for submitting requests to participate shall be in response to an announcement made by reason of Article 3.56 has been communicated, or in response to an invitation from a special sector company in accordance with Article 3.73, first paragraph , at least 30 days from the date of dispatch of the notice, or from the date of dispatch of the invitation.

  • 4 The period of time for the submission of tenders referred to in paragraph 3 may, by way of derogation from the second paragraph, be determined by mutual agreement between the special-sector undertaking and the selected candidates, provided that all the candidates are equal to the same period of time. will be given to prepare and submit their tenders.

  • 5 If no agreement as referred to in the fourth paragraph can be reached on the time limit for submission of tenders, the special sector undertaking shall set a time limit which shall not be less than 24 days and not less than 10 days to reach the date of application of the tenders. counting from the date of dispatch of the invitation to tender.


Article 3.60

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  • 1 Where the special-sector undertaking offers a periodic indicative notice as referred to in Article 3.51, first paragraph , the time limit for the submission of tenders in open procedures shall be at least 29 days and not less than 22 days from the date of dispatch of the notice.

  • 2 The shorter time limits referred to in paragraph 1 shall be permitted only if the periodic indicative notice, in addition to the provisions of Annex XV A, Part I, of Directive No 2004 /17/EC information required, all listed in Annex XV A, Part II, to Directive No 2004 /17/EC contains required information, to the extent that such information is available at the time the announcement is made, and the notice at least 52 days and no more than 12 months before the dispatch date of the tender notice. Publication has been sent.

  • 3 Unless the deadline is Article 3.59, fourth paragraph By mutual agreement, the special sector undertaking may reduce by five days the deadline for the submission of tenders in open procedures, restricted procedures and negotiated procedures, if the agreement is to be special-sector undertaking the descriptive document and all additional documents from the date of dispatch of the contract notice, by electronic means freely, directly and fully accessible and in this announcement the internet address which provides access to the documents.

  • 4 In the case of open procedures, the cumulative effect of the reduction referred to in the first to the third paragraph may not in any event lead to a period of less than 15 days for the submission of tenders, from the date of the the date on which the contract notice was sent.

  • 5 The cumulative effect of the reduction referred to in the first to the third paragraph may in no case lead to a period of less than 15 days for the submission of requests to participate in response to an announcement to the effect that: in accordance with Section 2.3.2.2 has been done, or in response to an invitation from a special-sector company in accordance with Article 3.73, first paragraph , from the date of dispatch of the contract notice or of the invitation.

  • 6 In the case of restricted procedures and negotiated procedures, the cumulative effect of the reduction referred to in the first to the third paragraph may not in any event lead to a period of less than 10 days for the submission of the tenders, starting from the date on which the invitation to tender is sent, except where the time limit is fixed in accordance with Article 3.59, fourth paragraph , it shall be determined by mutual agreement.

  • 7 If the descriptive document and the supporting documents or further information, although requested in good time, are not provided within the time limits referred to in this paragraph, or if the tenders have been submitted only after a visit on the spot, or after on-the-spot inspection of the documents forming part of the procurement documents may be made, the special sector undertaking shall extend the time limit for the submission of tenders so that all the economic operators concerned may be aware of all the information available to them. information necessary for the preparation of the invitation to tender, except where the period according to Article 3.59, fourth paragraph , it shall be determined by mutual agreement.


Section 3.3.3. Cutlery

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§ 3.3.3.1. Technical specifications

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Article 3.61

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  • 2 A special-sector company formulates the technical specifications:

    • a. by reference to technical specifications and to national standards transpoting European standards, European technical approvals, common technical specifications, international standards, other by European standards institutions established technical reference systems or, in the absence of them, national standards, national technical approvals or national technical specifications, other technical reference systems, on design, calculation and execution of works and the use of products,

    • b. In terms of performance requirements and functional requirements, which may contain environmental features, requiring such precision to allow tenderers to determine the subject of the special sector contract and the special sector undertaking to provide the request may be awarded,

    • c. in terms of performance requirements and functional requirements as referred to in subparagraph (b), referring under a presumption of conformity to these performance requirements and functional requirements to the specifications referred to in subparagraph (a); or

    • d. by reference to the specifications, referred to in paragraph (a), for certain characteristics, and reference to performance requirements and functional requirements, referred to in subparagraph (b), for other characteristics.

  • 3 A special-sector undertaking shall be accompanied by the words "or equivalent" as referred to in subparagraph (a) of paragraph 2.


Article 3.62

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  • 1 A special sector undertaking shall, on request, inform interested economic operators of the technical specifications which are envisaged regularly in its supply, work or service contracts or the technical specifications which it intends to apply to Passes for contracts covered by periodic indicative notices referred to in Section 3.3.2.1 shall be published.

  • 2 Where the technical specifications referred to in the first paragraph are based on documents available to interested economic operators, the special sector undertaking may be sufficient to include a reference to these documents.


§ 3.3.3.2. Subcontracting, special conditions, reserved contracts and variants

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Article 3.63

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The paragraphs 2.3.3.2 to 2.3.3.5 shall apply mutatis mutandis to special sector contracts.


Section 3.3.4. Own Declaration

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Article 3.64

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Section 2.3.4 shall apply mutatis mutandis to special sector contracts.


Section 3.3.5. Selection

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Article 3.65

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  • 1 The special-sector undertaking shall lay down objective and selection criteria for a public procedure and shall make those rules and criteria available to interested economic operators.

  • 2 A special-sector undertaking shall select candidates for a restricted or negotiated procedure on the basis of objective rules and criteria defined by it, which shall be made available to interested economic operators. ed.

  • 3 In a restricted procedure or negotiated procedure, the special sector company can base the criteria on the objective necessity for the company to limit candidates to a number that is justified by the necessary necessary action. balance between, on the one hand, the specific features of the procedure and, on the other, the necessary resources. The special-sector undertaking shall establish the number of candidates in such a way as to ensure adequate competition.

  • 4 The rules and criteria referred to in the first and second paragraphs may be the Articles 2.86 and 2.87 shall include exclusion grounds, which may be waived in the application of those articles to the Article 2.88 Those grounds.

  • 5 If the special-sector undertaking is the State, a province, a municipality, a watery, a public body or a grouping of such public authorities or bodies governed by public law, that holding shall, by way of derogation from the Fourth member, at least the Article 2.86 specified exclusion grounds in the rules and criteria to which the application of this Article may be waived in the case of: Article 2.88 Those grounds.

Chapter 3.4. Approval system

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Section 3.4.1. Participation and application

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Article 3.66

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  • 1 A special-sector company can introduce and manage a scheme for the recognition of entrepreneurs. This arrangement may include several stages of recognition of suitability.

  • 2 A special sector undertaking introducing or managing a scheme as referred to in the first paragraph shall ensure that the economic operators can apply for recognition at any time.

  • 3 A special-sector holding shall manage the scheme referred to in paragraph 1 on the basis of objective criteria and rules set out by the undertaking. If these criteria and requirements contain technical specifications, the Articles 2.75 to 2.78 applicable. The criteria and rules for recognition may be revised as necessary.

  • 4 The criteria and rules referred to in paragraph 3 may be met by the exclusion criteria mentioned in the Annex. Article 2.86 , subject to the conditions set out therein, except that, where an arrangement for the recognition of economic operators is introduced by the State, a province, a municipality, a waterscape, an institution governed by public law or a public authority, partnership between these authorities or bodies governed by public law, which places a special sector contract in the context of one of the activities referred to in the Section 3.1.1 , the Articles 2.86 to 2.88 apply mutatis mutandis.

  • 6 If the criteria and rules for recognition referred to in the third paragraph include requirements concerning the economic and financial capacity of the economic operator, the latter may rely on the capacities of other natural persons or legal persons irrespective of the legal nature of its links with those natural or legal persons. In that case, it shall demonstrate to the special-sector undertaking that during the period of validity of the scheme it may be in possession of the funds necessary for the performance of the contract for the recognition of economic operators.

  • 7 If the criteria and requirements for recognition referred to in paragraph 3 include requirements relating to the technical competence or professional ability of the economic operator, the latter may rely on the competence of other natural persons or legal persons, regardless of the legal nature of their links with those natural or legal persons. In that case, it shall demonstrate to the special-sector undertaking that it will be able, during the period of validity of the system of qualification, to have the resources necessary for the execution of the contract of that natural persons or legal persons.

  • 8 Under the same conditions as referred to in paragraph 6 and paragraph 7, a consortium of economic operators may rely on the ability of participants to enter the grouping or to other natural or legal persons.

  • 9 A special sector undertaking shall make available to economic operators on request the criteria and rules for recognition referred to in the third paragraph. If these criteria and requirements are reviewed, they shall be communicated to the economic operators concerned.

  • 10 A special sector undertaking which considers that the scheme for the recognition of undertakings of certain other bodies fulfils the conditions shall be communicated by the economic operators concerned to the names of those other authorities.

  • 11 A special-sector undertaking shall maintain a list of recognised economic operators which may be classified in categories according to the type of contract for which recognition is to be granted.

  • 12 A special sector undertaking to make an announcement by means of a notice on the existence of a scheme for the recognition of economic operators, shall choose between the tenderers in a restricted procedure or from the participants in a negotiated procedure the candidates eligible under this scheme.


Article 3.67

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  • 1 A special sector undertaking introducing and managing a scheme for the recognition of economic operators shall notify the applicants of their recognition within six months of the submission of the request for recognition.

  • (2) If the decision on the recognition is to be seized for more than four months from the lodging of the application for recognition, the special-sector undertaking shall inform the applicant within two months of the submission of the reasons for which it is to be given. longer, and on the date on which its application is decided.

  • 3 A special-sector undertaking shall inform the person whose application for approval has been refused as soon as possible after that decision but no later than 15 days and shall state that it shall be rejected on the basis of the recognition criteria, Intended in Article 3.66, third paragraph .

  • 4 A special-sector company can withdraw recognition of an economic operator only on the basis of the criteria referred to in Article 3.66, third paragraph .

  • 5 A special-sector undertaking shall inform the person concerned of the intention to withdraw recognition and the grounds for such recognition by written notice not later than 15 days before the date on which the approval is to be withdrawn.


Article 3.68

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  • 1 Where the special-sector undertaking has established exclusions, 2.3.5.2 applicable mutatis mutandis.


Article 3.69

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  • 1 For the selection of participants in a procedure:

    • a. Close the special-sector company that provides requirements and criteria as referred to in Article 3.65, first, second or fourth members , has established for the exclusion of candidates or tenderers, economic operators meeting those requirements or criteria;

    • (b) select the tenderers and candidates in accordance with the objective rules and criteria referred to in Article 2 (1). Article 3.65, first paragraph ;

    • c. restricts the special-sector holding in restricted procedures and in negotiated procedures with a notice of the number of candidates selected, in accordance with Article 3.65, third paragraph .

  • 2 A special sector undertaking to make an announcement by means of a notice on the existence of a scheme for the recognition of operators for the selection of participants in procedures for the specific contracts covered by the notice of notice Relates to:

    • a. recognizes the entrepreneurs in accordance with the Articles 3.66 and 3.67 , and

    • b. restricted in restricted procedures and in negotiated procedures with a notice of the number of candidates in accordance with Article 3.65, third paragraph .

  • 3 A special sector undertaking shall review the tenders submitted by the tenderers thus selected in accordance with the provisions and rules applicable to the tenders and shall award the contract on the basis of the criteria referred to in the Articles 2.114 , 2.115 and 2.116 .


Article 3.70

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  • 1 A special-sector undertaking that chooses the participants in a restricted or negotiated procedure, takes a decision on recognition or review the recognition criteria or the scheme for the recognition of economic operators, does not require any evidence to the effect that the To provide a doublure with objective evidence already available.

  • 2 A special sector undertaking which requires the production of a declaration drawn up by an independent body that the economic operator meets certain quality standards, refers to quality assurance schemes applied to the European standards series. are based in this field and have been certified by bodies which comply with the European standards series for certification.

  • 3 A special-sector undertaking recognises equivalent certificates from bodies established in other Member States of the European Union. A special sector undertaking shall also accept other evidence of equivalent measures in the field of quality assurance of economic operators.

  • (4) For special sector contracts for works or services, a special sector undertaking may, in order to verify the technical competence of the economic operator, meet the requirements of the environmental management measures which the economic operator can apply in the context of the execution of the contract.

  • 5 A special sector undertaking which requires the production of an attestation drawn up by an independent body that the economic operator meets certain environmental management standards referred to in paragraph 4 of this Regulation, refers to the Community industry. environmental management and audit system or environmental management standards based on European or international standards certified by a recognised organisation or by an organisation complying with the relevant European or international standards for certification.

  • 6 A special sector undertaking shall, in the case provided for in paragraph 5, recognise equivalent certificates from bodies established in other Member States of the European Union. A special sector undertaking shall also accept other evidence of equivalent environmental management measures to be provided by the economic operators.


Section 3.4.2. Communication of exclusion and rejection

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Article 3.71

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The Articles 2.103 and 2.104 shall apply mutatis mutandis to special sector contracts.


Section 3.4.3. Award phase

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§ 3.4.3.1. Enrollment

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Article 3.72

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The Articles 2.105, first paragraph , 2.106, first paragraph and second paragraph, parts (a), (b) and (e) , and Section 2.3.8.2 shall apply mutatis mutandis to special sector contracts.


Article 3.73

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  • (1) Where a periodic indicative notice has been made, the special sector undertaking shall invite all interested parties to confirm their interest in the light of details of the contract concerned, before the selection of the tender procedure has been made. to start the negotiations.

  • 2 A special sector undertaking shall at least include in the invitation referred to in paragraph 1:

    • a. the nature and quantity, including any options for subsequent assignments and, if possible:

      • 1 °. an estimate of the time limit for the exercise of these options; or

      • 2. in the case of periodically recurring contracts, an estimate of the time limits on which subsequent calls for competition for works, supplies or services shall be communicated,

    • b. type of procurement procedure, namely restricted procedure or negotiated procedure,

    • c. the start or end dates of the supplies, works or services,

    • d. the address and the closing date for the submission of applications to be invited to submit an invitation to tender and the language in which it is to be submitted,

    • e. the address of the authority which places the contract and provides the necessary information for obtaining specifications and other documents;

    • (f) the economic and technical requirements, the financial guarantees and the information required of the economic operators;

    • g. where applicable: the amount to be paid for the amount to be paid for, other than for the execution of: Article 1.20, first paragraph , to obtain the tender documents and the means of payment,

    • h. the contract form of the contract for which tenders are requested, namely purchase, lease, hire or hire purchase, or a combination of these forms; and

    • i. the award criteria and their weighting, or the order of importance of those criteria, if this is not specified in the indicative notice, the descriptive document or the invitation to tender or negotiation.


§ 3.4.3.2. Award Criteria, abnormally low enrollment and electronic auction

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Article 3.74

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The paragraphs 2.3.8.4 , 2.3.8.5 and 2.3.8.6 shall apply mutatis mutandis to special sector contracts.


§ 3.4.3.3. Award Decision

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Article 3.75

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Paragraph 2.3.8.8 shall apply mutatis mutandis to special sector contracts.


Article 3.76

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  • 1 A special sector undertaking shall apply the second to fifth paragraphs of this Article to tenders which contain products from third countries with which the European Communities have not concluded a multilateral or bilateral treaty which the provide Community undertakings with effective access to the markets of those third countries in a comparable manner.

  • 2 A special-sector undertaking shall be able to reject any tender submitted for the award of a supply contract if the share of the goods coming from third countries, the origin of which is determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 establishing the Union Customs Code (PbEU 2013, L 269), represents more than 50% of the total value of the goods covered by this registration.

  • 3 If two or more tenders according to the award criteria of Articles 2.113 and 2.115 are equivalent, the special sector undertaking shall give preference to the tender which cannot be rejected under the second paragraph. If the price difference does not exceed three per cent, the amount of the invitation to tender shall be considered equivalent by the special sector undertaking.

  • 4 A special sector company may derogate from the third member if it would oblige it to acquire equipment with technical characteristics different from the existing equipment, to incompatibility or technical difficulties. would result in the use or maintenance or excessive costs involved.

  • 5 In determining the proportion of goods coming from third countries referred to in paragraph 2, the special-sector undertaking shall disregard the third countries benefiting from the application of Directive No 2004 /17/EC by decision of the Council of the European Union in accordance with the first paragraph.

  • 6 For the purposes of this Article, the software applications used in telecommunication networks shall be considered as products.


§ 3.4.3.4. Reporting and publication

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Article 3.77

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  • 1 A special sector holding company shall keep the necessary information on all special sector contracts so that the company may later justify the decisions taken in relation to:

    • (a) the recognition and selection of the economic operators and the award of the contract;

    • (b) the application of the negotiated procedure without notice;

    • (c) failure to apply the provisions for special sector contracts on the basis of the exceptions provided for in this Act.

  • 2 The data referred to in paragraph 1, together with the information referred to in paragraph 1 Article 2.56 , they shall be kept for at least four years from the date of award of the contract.

  • 3 The special-sector undertaking shall, within the period of four years referred to in the second paragraph, inform the European Commission of the necessary information at its request.


Article 3.78

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  • 2 Where a special-sector undertaking places a contract in relation to research and development services:

    • a. according to a procedure without prior notice in accordance with Article 3.36, part b , may that company provide details of the nature and quantity of services provided, in accordance with Annex XVI of Directive No 2004 /17/EC , limit to the entry 'research and development services',

    • b. In accordance with Article 3.36, part b , if a procedure cannot be concluded without prior information, it may provide information on the nature and quantity of the services provided, as referred to in Annex XVI of this Regulation. Directive No 2004 /17/EC , limit if the protection of business secrecy makes this necessary.

  • 3 In the cases referred to in the second paragraph, points (a) and (b), the special sector undertaking shall ensure that:

    • a. The information provided is at least as detailed as the information provided in the notice, published using the electronic procurement system; and

    • (b) if the special-sector undertaking makes use of a qualification system, this information is at least as detailed as it is in the relevant category of the corresponding Article 3.66, 11th paragraph , a list of approved service providers.


Article 3.79

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With regard to special sector contracts for services referred to in Annex XVII, Part B, to Directive No 2004 /17/EC specify the special-sector undertaking when announcing the award contract or agrees to its publication.

Chapter 3.5. Other requirements for the procedures relating to the framework agreement, the dynamic purchasing system and the price demand

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Article 3.80

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  • 1 A special sector undertaking does not make improper use of a framework agreement nor uses it to obstruct, restrict or distort competition.


Part 4. Other provisions

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Chapter 4.1. To issue a certificate of conduct

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Section 4.1.1. General provisions

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Article 4.1

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To issue a certificate of conduct is a statement by Our Minister for Security and Justice that from an investigation into the Article 4.7 the information has shown that there are no objections raised against the natural or legal person concerned by tendering for public contracts, by special sector contracts, public works concession contracts, design contests or Commands referred to in the Procurement law in the field of defence and security .


Article 4.2

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For the purposes of this Chapter, 'legal person' means a legal person as defined in Book 2 of the Civil Code as referred to as the equivalent organisations referred to in Article 51, third paragraph, of the Penal Code .


Article 4.3

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The decision on the issuing of a certificate of conduct shall be regarded as a decision in the sense of: Article 1:3, 2nd paragraph, of the General Law governing the administrative law .


Article 4.4

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  • 1 An application for the issuing of a certificate of conduct shall be submitted to our Minister for Security and Justice by the person in whose conduct a certificate is requested or by a representative of the legal person in respect of whose conduct he is A statement is requested.

  • 3 Our Minister of Security and Justice examines the completeness of the data provided with the application and provides the necessary assurance regarding the identity of the applicant.

  • 4 In the case of ministerial arrangements, detailed requirements may be laid down for the implementation of the third paragraph.


Article 4.5

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  • 1 Our Minister of Security and Justice decides on the application for the issuing of the certificate of conduct:

    • a. If the application concerns a natural person: within four weeks of receipt of the application;

    • (b) if the application concerns a legal person: within eight weeks of receipt of the application.

  • 2 The period of decision referred to in paragraphs 1 (a) and (b) may be extended once for a period of eight weeks with four or more weeks.


Article 4.6

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Article 39 of the Law and Criminal Justice Act shall apply mutatis mutandis.


Section 4.1.2. Review Criteria

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Article 4.7

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  • 1 Our Minister of Security and Justice shall, in its assessment of the application for a conduct of conduct, concern only the information relating to:

    • a. Irrevocable convictions as referred to in Article 2.86, third paragraph , and irrevocable convictions for infringement of the Articles 134a , 140a and 285, third member, of the Penal Code and for violation of the in Article 83 of the Code of Criminal Law the offences referred to in that Article, if the offences are satisfied;

    • b. irrevocable convictions for crimes included in the Penal code to the extent designated by general management measure, irrevocable convictions for crimes included in the Law on economic crimes other crimes designated by a general measure of management;

    • (c) final decisions taken on the basis of Article 56 of the Competition Act where the Authority does not grant a reduction in the amount of a leniency by the Authority;

    • d. irrevocable decisions of the European Commission for infringement of Article 101 or 102 of the Treaty on the Functioning of the European Union in which the European Commission does not impose any fine-immunity or penalty reduction on the basis of has been granted leniency.

  • 3 In the case referred to in paragraph 2, the Minister for Security and Justice shall also review the data referred to in points (a) and (b) of the first paragraph. Article 4.4 second paragraph, part b , persons referred to.


Article 4.8

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Convictions and decisions referred to in Article 4.7, first paragraph , shall be included in the assessment to the extent that they have become irrevocable during the four years preceding the application.


Article 4.9

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  • 1 Our Secretary of State for Security and Justice is involved in his investigations concerning the issuing of a certificate of conduct of a natural person the judicial data mentioned in relation to the applicant in the judicial system. documentation referred to in the Law and punitive data law .

  • 2 Our Minister for Security and Justice is involved in his investigations concerning the issuing of a certificate of conduct from a legal person the data in the judicial documentation, intended for the purposes of the Law and punitive data law , on the name of the legal person and on the Article 4.7, second and third paragraphs , persons referred to.


Section 4.1.3. Assessment

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Article 4.10

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  • 1 Our Minister of Security and Justice refuses to issue the certificate of conduct, where the applicant is a natural person, if within the Article 4.8 period referred to:

    • a. One or more convictions as referred to in Article 4.7, first paragraph, part a , have become irrevocable;

    • b. one or more convictions referred to in Article 4.7, first paragraph, part b , have become irrevocable where an unconditional prison sentence or custody has been imposed or where one or more suspended or unconditional fines, job penalties or suspended prison sentences or custody are imposed with a combined value of € 35 000 or more;

    • c. a decision as referred to in Article 4.7, first paragraph, part c , in which the offence is deemed to be heavy, or very heavy, or a decision referred to in Article 4.7, first paragraph, part d, has become irrevocable.

  • 2 Our Minister of Security and Justice refuses to issue the certificate of conduct, where the applicant is a legal person, if within the Article 4.8 period referred to:

    • a. One or more convictions as referred to in Article 4.7, first paragraph, part a , from that legal person or from one or more persons referred to in Article 4.7, second paragraph, have become irrevocable;

    • b. one or more convictions referred to in Article 4.7, first paragraph, part b , from that legal person or from one or more persons referred to in Article 4.7, second paragraph, have become irrevocable where an unconditional prison or custody has been imposed or where one or more conditional or unconditional imprisonment has been imposed on it. fines, job penalties or suspended prison sentences or custody charges with a combined value of up to € 35 000 or more;

    • c. a decision as referred to in Article 4.7, first paragraph, part c , in which the offence is deemed to be heavy, or very heavy, or a decision referred to in Article 4.7, first paragraph, part d, has become irrevocable.

  • 3 The second paragraph shall apply mutatis mutandis in the case of convictions of persons referred to in Article 4.4, second paragraph, part b At the time when the decision on the issuing of a certificate of conduct is taken, they shall fulfil yet another policy-making function within the legal person.

  • For the application of paragraph 1 (b) and (b), second subparagraph (b), a penalty of 1 hour shall be deemed equivalent to a fine of EUR 80 and a suspended jail sentence of 1 day with a fine of EUR 160.


Article 4.11

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  • 2 The in Article 4.5 shall suspend the time limit for the decision on the application as from the day on which our Minister of State for Security and Justice has given the opportunity to make a request as referred to in the first paragraph until the day on which a request is made to the written communication has been made that no application will be made, or two weeks have elapsed, or until the day on which the procedure has ended as a result of a request.

  • 3 The applicant for the certificate of conduct shall be informed of the suspension.

Chapter 4.2. Implementing rules

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Section 4.2.1. Detailed rules for the implementation of the Directives

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Article 4.12

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  • 1 In order to implement the Directives No 2004 /17/EC and No 2004 /18/EC be subject to, in accordance with or pursuant to general rules of administration, detailed rules on:

    • (a) use of the electronic means: conditions which the contracting authority or the special-sector undertaking may use for its use;

    • b. communication between contracting authority or the special-sector undertaking and economic operator means the means, the way in which data is offered and stored, electronic submission of tenders, electronic certificates and the manner in which they are presented requests to participate may be made.

  • 2 In order to implement Directive No 2004 /18/EC rules governing the establishment, issuing and probing value of certificates or the setting of, recording and evidential value of the inclusion on a recognition list may be laid down by or pursuant to general rules of administration.


Section 4.2.2. The electronic system of procurement

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Article 4.13

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  • 1 Our Secretary of State shall ensure the establishment, maintenance, operation and security of an electronic procurement system, using which:

    • (a) the notices shall be sent to the European Commission for publication in the Official Journal of the European Union;

    • b. announcements and other information may be published in the context of a procurement procedure;

    • Data are collected for the purpose of fulfilling the statistical obligations on the basis of: Directives No 2004 /17/EC and 2004 /18/EC ;

    • d. Data shall be collected for the purposes of reporting our Minister to the two Chambers of the States General.

  • 2 Under ministerial arrangements, rules may be laid down regarding access to and connection to the electronic procurement system for the purposes of the award of notices referred to in paragraph 1 (a) and (b).


Article 4.14

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  • 1 Our Minister proposes, by means of the electronic system of contract, the European Commission, in accordance with Article 70 of Directive No 2004 /17/EC and Article 79 of Directive No 2004 /18/EC available forms shall be available for:

    • a. the pre-announcement of a government contract;

    • b. The periodic indicative notice of a special sector contract;

    • c. the notice of a government contract, special-sector contract, concession contract for public works or design contests;

    • d. The announcement by means of a buyer profile;

    • e. the simplified announcement via a dynamic purchasing system;

    • f. the notice of a awarded government contract, special sector contract or concession contract for public works;

    • g. the publication of the results of a design contest;

    • h. Approval regime;

    • Rectification of an announcement;

    • j. the announcement, intended in Article 4.16, first paragraph, point (b) ,

    in accordance with the model established by the European Commission, in accordance with the provisions of Article 68, second paragraph, of Directive No 2004 /17/EC and Article 77, second paragraph, of Directive No 2004 /18/EC the procedure has been established.

  • 2 Our Minister may, by means of the electronic system of procurement, also make forms available for notices to which: Part 2 or Part 3 of this Act are not applicable.

  • 3 At the request of the contracting authority, the special sector undertaking or the concessionaire, our Secretary of State shall inform the European Commission of any data not intended for publication. Such information shall not be disclosed by means of the electronic system of contract.

  • 4 Our Minister is concerned that by means of the electronic system of subcontracting the communications, mentioned in Article 4.13 (a) , by electronic means, for publication, the European Commission shall be sent to the European Commission in accordance with the model and manner set out in Annex XX to this Regulation. Directive No 2004 /17/EC and in the third point of Annex VIII to Directive No 2004 /18/EC .

  • 5 An amendment to a form referred to in Article 70 of Directive No 2004 /17/EC and Article 79 of Directive No 2004 /18/EC shall apply to the application of paragraph 1 with effect from the day on which the relevant decision of the European Commission enters into force.

  • 7 Our Minister makes notice in the Official Gazette of a decision referred to in the Fifth paragraph.

Chapter 4.3. Destroyability and penance

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Section 4.3.1. Destroyability

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Article 4.15

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  • 2 The claim for destruction shall be brought by an economic operator who considers it wronchable by an award decision:

    • a. Before the expiry of a period of 30 calendar days starting on the day following the date on which the

      • -the contracting authority or the special sector undertaking published the contract award notice in accordance with the requirements of the Articles 2,134 to 2,138 , provided that this announcement includes the justification of the decision of the contracting authority or the special sector undertaking to award the contract without prior publication of a contract notice, or

      • -the contracting authority or the special sector undertaking sent to the tenderers and candidates concerned a notification of the conclusion of the contract, provided that such notification is accompanied by the relevant reasons for the operation of the contract. award decision;

    • (b) in cases other than those referred to in subparagraph (a) before the expiry of a period of six months starting from the day following the date of the conclusion of the Agreement.


Article 4.16

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  • 1 Article 4.15, first paragraph, introductory wording and point (a) , does not apply if the contracting authority or the special sector undertaking:

    • (a) considers that the award of a contract without prior publication of a contract notice by means of the electronic procurement system pursuant to this Act is permitted;

    • (b) the announcement of its intention to conclude the agreement by means of the electronic system for procurement published in the Official Journal of the European Union; and

    • (c) the Agreement has not concluded before the expiry of a period of at least 20 calendar days from the day following the date of publication of the notice of such notice.


Article 4.17

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  • 1 The announcement, intended to Article 4.16, first paragraph, point (b) , at least contain the following information:

    • a. The name and contact details of the procuring entity or the special sector business;

    • b. a description of the subject matter of the contract;

    • (c) a justification of the decision to award the contract without prior publication of an announcement of the contract in the Official Journal of the European Union;

    • d. the name and contact details of the company in favour of whom the decision to award a contract has been taken;

    • . to the extent applicable, any other information which the contracting authority or the special-sector undertaking considers to be useful.

  • 2 The publication of the notice referred to in paragraph 1 shall be made by electronic means, using the electronic procurement system.

  • 3 The contracting authority or the special sector undertaking shall use the form made available for this purpose by means of the electronic procurement system for the publication of the notice referred to in paragraph 1.


Article 4.18

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  • 1 The court may decide not to terminate an agreement if, all relevant aspects, overriding reasons of public interest make it necessary for the agreement to remain in force.

  • 2 Economic interests may only be regarded as a compelling reason referred to in paragraph 1 if destruction in exceptional circumstances would have a disproportionate impact. However, economic interests directly related to the agreement in question shall not constitute an overriding reason as referred to in paragraph 1. Such interests include, inter alia, the costs incurred as a result of a delay in the performance of the contract, the costs of a new procurement procedure, the costs caused by the fact that another company is the beneficiary of the contract. contract, and the cost of the legal obligations arising out of the destruction.


Article 4.19

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  • 1 If the court gives application to Article 4.18, first paragraph The court may, at the request of an interested party or on its own initiative, shorten the duration of the contract.

  • 2 The judge shall, in any event, take into account the seriousness of the offence, the conduct of the contracting authority or the special-sector undertaking, the nature of the contract and, where appropriate, the possibility of the operation of a destruction limit.


Article 4.20

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  • 1 If the right application has been granted to Article 4.18, first paragraph , or if the agreement is destroyed on the basis of Article 4.15, first paragraph But if the destruction is completely or partially denied, a copy of the judgment shall be sent by the Registry of the court without delay to our Minister and to the Consumer and Market Authority.

  • 2 Our Secretary of State shall ensure that copies of judgments referred to in paragraph 1 are sent to the European Commission once a year.


Section 4.3.2. Fine

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Article 4.21

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  • 1 The Consumer and Market Authority shall provide the contracting authority or the special sector undertaking which is a party to an agreement applying to Article 4.18, first paragraph -An administrative fine.

  • 2 The first paragraph shall apply mutatis mutandis if the agreement has been eliminated in law but has been denied, in whole or in part, that destruction.

  • 3 The fine referred to in paragraph 1 shall be dissuasive, proportionate and effective, considered in connection with the Article 4.19 the shortening of the term.

  • 4 The administrative penalty shall not exceed 15% of the estimated value of the contract in question. In determining the amount of the fine, the Authority shall comply with the relevant circumstances of the case, including the seriousness of the infringement.


Article 4.22

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The Consumer and Market Authority takes the decision in question: Article 4.21, first paragraph , not after the judgment is given in Article 4.20, first paragraph , power of wisdom has been given.


Article 4.23

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  • 2 Before imposing a fine, the officials appointed by the Consumer Authority and Market Authority may examine the agreement and the bookkeeping in order to obtain the financial data for the purposes of establishing the fine. determine. They may be assisted by an independent financial expert.

  • 3 The contracting authority or the special sector undertaking shall be obliged to cooperate in the investigations referred to in paragraph 2.


Article 4.24

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If the agreement, referred to in Article 4.21 , closed or co-concluded for the benefit of the Consumer and Market Authority, the powers of the Authority are Articles 4.21 to 4.23 exercised by Our Minister.


Article 4.25 [ Verfall by 01-04-2013]

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Chapter 4.4. Arbitration and complaints

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Article 4.26

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If arbitration has been agreed upon in relation to a procurement dispute:


Article 4.27

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Our Minister promotes the establishment of a committee whose purpose is to provide independent advice on complaints relating to procurement procedures.

Chapter 4.5. Evaluation provisions

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Article 4.28

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  • 1 Our Minister examines within two years of the entry into force of this law the way in which public supply and service contracts are covered by public supply contracts and public supply contracts. Section 2.1.1 They shall be subject to such values. He shall report thereon to the States General.

  • 2 If the evaluation referred to in the first paragraph shows that the award of contracts as referred to in that paragraph is insufficiently uniform, a guideline setting out rules may be adopted by a general measure of management. contained in relation to the means of award of public contracts as referred to in paragraph 1 by contracting entities to be designated by that general measure of management.

  • 3 Where application is given to paragraph 2, the contracting authority shall apply the rules or shall justify a derogation from one or more of those requirements in the procurement documents.

  • 4 The statement of reasons provided for in paragraph 3 shall be submitted to an economic operator on his written request.

  • 5 The nomination for a general measure of directors to be adopted under the second paragraph shall not be taken more than four weeks after the draft has been submitted to the Chambers of the States-General. The nomination is made by our Minister of Economic Affairs in agreement with our Minister of Ministers, who is responsible for it.


Article 4.29

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Within two years of the entry into force of this Act, our Minister shall examine the effectiveness and effects of this law in practice and shall report to the States General. In particular, the report pays particular attention to the access of economic operators to contracts and to compliance.

Chapter 4.6. Transitional and final provisions

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Article 4.30

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  • 1 Where a procuring entity or a special sector undertaking for the time of entry into force of Part 2 Other Part 3 of this law with application of the Decision procurement rules for public contracts or the Decision Procurement Special Sectors a call for tenders has been announced or has been launched without notice, in accordance with the provisions of the act concerned and has requested, within the framework of a tendering procedure, one or more economic operators, a tendering procedure shall be subject to the duty applicable as immediately prior to the entry into force of Part Two of this Act.