Decision (EU) 2016/245 of the European Central BankShow full title

Article 17 Electronic catalogues

1. Where the use of electronic means of communication is required, the ECB may require tenders to be presented in the form of an electronic catalogue or to include an electronic catalogue.

2. Where the presentation of tenders in the form of an electronic catalogue is accepted or required, the ECB shall:

(a) state this in the contract notice;

(b) indicate in the procurement documents all the necessary information pursuant to Article 22(6) of Directive 2014/24/EU concerning the format, the electronic equipment used and the technical connection arrangements and specifications for the catalogue.

3. Electronic catalogues shall be established by the candidates or tenderers with a view to participating in a given procurement procedure, in accordance with the technical specifications and format established by the ECB, and in compliance with the requirements for electronic communication tools and any additional requirements set by the ECB in line with Article 22 of Directive 2014/24/EU.

4. Where a framework agreement has been concluded with more than one supplier by means of electronic catalogues, a reopening of competition for specific contracts may take place on the basis of updated catalogues. In such a case the ECB may:

(a) invite tenderers to resubmit their electronic catalogues, adapted to the requirements of the contract in question; or

(b) if the procurement documents so provide, notify tenderers that the ECB intends to collect from the electronic catalogues which have already been submitted the information needed to compile tenders for the contract in question.

Where competition is reopened in accordance with point (b), the ECB shall notify tenderers of the date and time at which the information will be collected and give them the option of refusing such collection of information. The ECB shall allow for an adequate period between the notification and the actual collection of information. Before the ECB awards the contract, the tenderer concerned shall have the opportunity to confirm that the tender thus compiled does not contain any material errors.

5. Where a dynamic purchasing system is used, the ECB may require that a request for participation is accompanied by an electronic catalogue on the basis of which specific contracts may be awarded, with tenders constituted in accordance with point (b) of paragraph 4. In this case, the ECB shall inform the candidates of its intention to constitute tenders by means of that procedure and candidates shall complete the electronic catalogues submitted. Alternatively, the ECB may require that the tenders for a specific contract are presented in the format of an electronic catalogue.