Search Legislation

Directive 2009/81/EC of the European Parliament and of the CouncilShow full title

Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (Text with EEA relevance)

 Help about what version

What Version

 Help about UK-EU Regulation

Legislation originating from the EU

When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.

Close

This item of legislation originated from the EU

Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).

Status:

This is the original version (as it was originally adopted).

ANNEX IVInformation to be included in the notices referred to in Article 30

NOTICE OF PUBLICATION OF A PRIOR INFORMATION NOTICE ON A BUYER PROFILE

1.

Country of the contracting authority/entity

2.

Name of the contracting authority/entity

3.

Internet address of the ‘buyer profile’ (URL)

4.

CPV nomenclature reference no(s)

PRIOR INFORMATION NOTICE

1.

The name, address, fax number and e-mail address of the contracting authority/entity and, if different, of the service from which additional information may be obtained and, in the case of services and works contracts, of the departments, e.g. the relevant governmental Internet site, from which information can be obtained concerning the general regulatory framework for taxes, environmental protection, employment protection and working conditions applicable in the place where the contract is to be performed.

2.

Where appropriate, indication whether the contract is restricted to sheltered workshops, or whether its execution is restricted to the framework of protected job programmes.

3.

In the case of works contracts: the nature and extent of the works and the place of execution; if the work is to be subdivided into several lots, the essential characteristics of those lots by reference to the work; if available, an estimate of the range of the cost of the proposed works; CPV nomenclature reference no(s).

In the case of supply contracts: the nature and quantity or value of the products to be supplied, CPV nomenclature reference no(s).

In the case of services contracts: the total value of the proposed purchases in each of the service categories, CPV nomenclature reference no(s).

4.

Estimated date for initiating the award procedures in respect of the contract or contracts, in the case of service contracts by category.

5.

Where appropriate, indicate whether a framework agreement is involved.

6.

Where appropriate, other information.

7.

Date of dispatch of the notice or of dispatch of the notice of publication of the prior information notice on the buyer profile.

CONTRACT NOTICES

Restricted procedures, negotiated procedures with publication of a contract notice and competitive dialogues:

1.

Name, address, telephone and fax number, e-mail address of the contracting authority/entity.

2.

Where appropriate, indication whether the contract is restricted to sheltered workshops, or whether its execution is restricted to the framework of protected job programmes.

3.
(a)

The award procedure chosen;

(b)

Where appropriate, the reasons for use of the accelerated procedure (in restricted and negotiated procedures);

(c)

Where appropriate, indicate whether a framework agreement is involved;

(d)

Where appropriate, the holding of an electronic auction.

4.

Form of the contract.

5.

Place of execution/performance of the works, for delivery of products or of the provision of services.

6.
(a)

Works contracts:

  • nature and extent of the works and general nature of the work. Indication in particular of options concerning supplementary works, and, if known, the provisional timetable for recourse to these options as well as the number of possible renewals, if any. If the work or the contract is subdivided into several lots, the size of the different lots; CPV nomenclature reference no(s),

  • information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects,

  • in the case of a framework agreement, indication also of the planned duration of the framework agreement, the estimated total value of the works for the entire duration of the framework agreement and, as far as possible, the value and the frequency of the contracts to be awarded.

(b)

Supply contracts:

  • nature of the products to be supplied, indicating in particular whether tenders are requested with a view to purchase, lease rental, hire or hire purchase or a combination of these, CPV nomenclature reference no(s). Quantity of products to be supplied, indicating in particular options concerning supplementary purchases and, if known, the provisional timetable for recourse to these options as well as the number of renewals, if any; CPV nomenclature reference no(s),

  • in the case of regular or renewable contracts during the course of a given period, indication also, if known, of the timetable for subsequent contracts for intended purchases of supplies,

  • in the case of a framework agreement, indication also of the planned duration of the framework agreement, the estimated total value of the supplies for the entire duration of the framework agreement and, as far as possible, the value and the frequency of the contracts to be awarded.

(c)

Service contracts:

  • category and description of the service. CPV nomenclature reference no(s). Quantity of services to be provided. Indication in particular of options concerning supplementary purchases and, if known, the provisional timetable for recourse to these options as well as the number of renewals, if any. In the case of renewable contracts over a given period, an estimate of the time frame, if known, for subsequent contracts for intended purchases of services.

    In the case of a framework agreement, indication also of the planned duration of the framework agreement, the estimated total value of the services for the entire duration of the framework agreement and, as far as possible, the value and the frequency of the contracts to be awarded,

  • indication of whether the execution of the service is reserved by law, regulation or administrative provision to a particular profession,

    Reference to the law, regulation or administrative provision,

  • indication of whether legal persons should indicate the names and professional qualifications of the staff to be responsible for the execution of the service,

7.

If the contracts are subdivided into lots, indication of the possibility for economic operators of tendering for one, for several and/or for all the lots.

8.

Admission or prohibition of variants.

9.

Where applicable, indication of the percentage of the contract’s global value which is required to be subcontracted to third parties through a tendering procedure (Article 21(4)).

10.

Where applicable, selection criteria regarding the personal situation of subcontractors that may lead to their exclusion, and required information proving that they do not fall within the cases justifying exclusion. Information and any necessary formalities for assessment of the minimum economic and technical capacities required of the subcontractors. Minimum level(s) of capacities possibly required.

11.

Time-limit for completion of works/supplies/services or duration of the works/supply/services contract. Where possible, time-limit by which works will begin or time-limit by which delivery of supplies or services will begin.

12.

Where applicable, particular conditions to which the performance of the contract is subject.

13.
(a)

The final date for the receipt of requests to participate;

(b)

address to which they must be sent;

(c)

the language or languages in which they must be drawn up.

14.

Where applicable, any deposits and guarantees required.

15.

Main terms concerning financing and payment and/or references to the texts in which these are contained.

16.

Where applicable, the legal form to be taken by the grouping of economic operators to which the contract is to be awarded.

17.

Selection criteria regarding the personal situation of economic operators that may lead to their exclusion, and information required proving that they do not fall within the cases justifying exclusion. Selection criteria, information and any necessary formalities for assessment of the minimum economic and technical standards required of the economic operator. Minimum level(s) of standards possibly required.

18.

In the case of framework agreements: the number and, where appropriate, proposed maximum number of economic operators which will be members of it and the duration of the framework agreement.

19.

In the case of a competitive dialogue or a negotiated procedure with the publication of a contract notice, indication, if appropriate, of recourse to a staged procedure in order gradually to reduce the number of solutions to be discussed or tenders to be negotiated.

20.

In the case of a restricted procedure, a negotiated procedure or a competitive dialogue, when recourse is had to the option of reducing the number of candidates to be invited to submit tenders, to engage in dialogue or to negotiate: minimum and, if appropriate, proposed maximum number of candidates and objective criteria to be used to choose that number of candidates.

21.

Criteria referred to in Article 47 to be used for award of the contract: ‘lowest price’ or ‘most economically advantageous tender’. Criteria representing the most economically advantageous tender as well as their weighting or the criteria in descending order of importance shall be mentioned where they do not appear in the specifications or, in the event of a competitive dialogue, in the descriptive document.

22.

Where appropriate, date(s) of publication of the prior information notice in accordance with the technical specifications of publication indicated in Annex VI or statement that no such publication was made.

23.

Date of dispatch of the notice.

CONTRACT AWARD NOTICE

1.

Name and address of the contracting authority/entity.

2.

Award procedure chosen. In the case of a negotiated procedure without prior publication of a contract notice (Article 28), justification.

3.

Works contracts: nature and extent of the services.

Supply contracts: nature and quantity of products supplied, where appropriate, by the supplier; CPV nomenclature reference no(s).

Service contracts: category and description of the service; CPV nomenclature reference no(s); quantity of services purchased.

4.

Date of contract award.

5.

Contract award criteria.

6.

Number of tenders received.

7.

Name and address of the successful economic operators.

8.

Price or range of prices (minimum/maximum) paid.

9.

Value of the tender (tenders) retained or the highest tender and lowest tender taken into consideration for the contract award.

10.

Where appropriate, proportion of contract to be subcontracted to third parties and its value.

11.

If appropriate, the reasons for the framework agreement lasting more than seven years.

12.

Date of publication of the tender notice in accordance with the technical specifications for publication in Annex VI.

13.

Date of dispatch of this notice.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources