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

Article 19 Dynamic purchasing systems

1. The ECB may procure standardised, readily available products, services and works through dynamic purchasing systems. These systems shall be fully electronic, freely accessible and free of charge to suppliers. Unless specified otherwise in this Article, the procedure shall follow the rules for restricted procedures laid down in Article 11.

2. For the purposes of setting up a dynamic purchasing system, the ECB shall:

(a) publish a contract notice stating that a dynamic purchasing system is being used, indicating the nature of the purchases envisaged under the system, its validity period, the selection and award criteria, and all necessary information concerning the electronic equipment used and the technical connection arrangements and specifications. The notice shall specify a time limit of no less than 30 days within which suppliers may apply to participate; and

(b) offer by electronic means, starting from publication of the notice and up to the expiry of the system, unrestricted, direct and full access to the tender conditions and to any additional documents.

3. The system shall be open throughout its duration to any supplier that satisfies the selection criteria and has submitted an application complying with the tender conditions. No further time limits for receipt of applications shall apply. Tenderers may improve their applications at any time provided that they continue to comply with the tender conditions. They shall inform the ECB without undue delay of any changes affecting their eligibility or capacity to perform the contract. The ECB may request tenderers to submit updated evidence regarding their eligibility.

4. The ECB shall verify within 10 days of receipt the tenderers' eligibility and compliance with the selection criteria on the basis of their applications. It shall also check whether the applications meet the tender conditions. The ECB shall inform tenderers at the earliest possible opportunity whether or not they have been admitted to the dynamic purchasing system.

5. Each specific contract the value of which is equal to or exceeds the thresholds set out in Article 4(3) shall be the subject of a separate invitation to tender. The ECB shall invite all tenderers admitted to the system to submit a tender within a reasonable time limit which shall be not less than 15 days. The ECB shall award the contract to the tenderer that submitted the best tender on the basis of the award criteria set out in the contract notice. Those criteria may, if appropriate, be formulated more precisely in the invitation to tender.

6. If the value of a specific contract is below the thresholds set out in Article 4(3), the ECB may invite three or five tenderers admitted to the system to submit a tender in accordance with the procedure set out in Article 35.

7. A dynamic purchasing system may not last for more than 4 years, except where a longer duration is duly justified and was provided for in the contract notice.