Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (Text with EEA relevance) (c. 24)

TITLE I SCOPE, DEFINITIONS AND GENERAL PRINCIPLES

CHAPTER I Scope and definitions

Section 4 Specific situations

Subsection 1 Subsidised contracts and research and development services

Article 13 Contracts subsidised by contracting authorities

This Directive shall apply to the awarding of the following contracts:

(a)

works contracts which are subsidised directly by contracting authorities by more than 50 % and the estimated value of which, net of VAT, is equal to or greater than EUR 5 186 000, where those contracts involve one of the following activities:

(i)

civil engineering activities as listed in Annex II,

(ii)

building work for hospitals, facilities intended for sports, recreation and leisure, school and university buildings and buildings used for administrative purposes;

(b)

service contracts which are subsidised directly by contracting authorities by more than 50 % and the estimated value of which, net of VAT, is equal to or greater than EUR 207 000 and which are connected to a works contract as referred to in point (a).

The contracting authorities providing the subsidies referred to in points (a) and (b) of the first subparagraph shall ensure compliance with this Directive where they do not themselves award the subsidised contract or where they award that contract for and on behalf of other entities.

Article 14 Research and development services

This Directive shall only apply to public service contracts for research and development services which are covered by CPV codes 73000000-2 to 73120000-9, 73300000-5, 73420000-2 and 73430000-5 provided that both of the following conditions are fulfilled:

(a)

the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs, and

(b)

the service provided is wholly remunerated by the contracting authority.