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Directive 2014/25/EU of the European Parliament and of the CouncilShow full title

Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (Text with EEA relevance)

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  1. Introductory Text

  2. TITLE I SCOPE, DEFINITIONS AND GENERAL PRINCIPLES

    1. CHAPTER I Subject-matter and definitions

      1. Article 1.Subject matter and scope

      2. Article 2.Definitions

      3. Article 3.Contracting authorities

      4. Article 4.Contracting entities

      5. Article 5.Mixed procurement covering the same activity

      6. Article 6.Procurement covering several activities

    2. CHAPTER II Activities

      1. Article 7.Common provisions

      2. Article 8.Gas and heat

      3. Article 9.Electricity

      4. Article 10.Water

      5. Article 11.Transport services

      6. Article 12.Ports and airports

      7. Article 13.Postal services

      8. Article 14.Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels

    3. CHAPTER III Material scope

      1. Section 1 Thresholds

        1. Article 15.Threshold amounts

        2. Article 16.Methods for calculating the estimated value of procurement

        3. Article 17.Revision of the thresholds

      2. Section 2 Excluded contracts and design contests; special provisions for procurement involving defence and security aspects

        1. Subsection 1 Exclusions applicable to all contracting entities and special exclusions for the water and energy sectors

          1. Article 18.Contracts awarded for purposes of resale or lease to third parties

          2. Article 19.Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country

          3. Article 20.Contracts awarded and design contests organised pursuant to international rules

          4. Article 21.Specific exclusions for service contracts

          5. Article 22.Service contracts awarded on the basis of an exclusive right

          6. Article 23.Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy

        2. Subsection 2 Procurement involving defence and security aspects

          1. Article 24.Defence and security

          2. Article 25.Mixed procurement covering the same activity and involving defence or security aspects

          3. Article 26.Procurement covering several activities and involving defence or security aspects

          4. Article 27.Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules

        3. Subsection 3 Special relations (cooperation, affiliated undertakings and joint ventures)

          1. Article 28.Contracts between contracting authorities

          2. Article 29.Contracts awarded to an affiliated undertaking

          3. Article 30.Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture

          4. Article 31.Notification of information

        4. Subsection 4 Specific situations

          1. Article 32.Research and development services

          2. Article 33.Contracts subject to special arrangements

        5. Subsection 5 Activities directly exposed to competition and procedural provisions relating thereto

          1. Article 34.Activities directly exposed to competition

          2. Article 35.Procedure for establishing whether Article 34 is applicable

    4. CHAPTER IV General principles

      1. Article 36.Principles of procurement

      2. Article 37.Economic operators

      3. Article 38.Reserved contracts

      4. Article 39.Confidentiality

      5. Article 40.Rules applicable to communication

      6. Article 41.Nomenclatures

      7. Article 42.Conflicts of interest

  3. TITLE II RULES APPLICABLE TO CONTRACTS

    1. CHAPTER I Procedures

      1. Article 43.Conditions relating to the GPA and other international agreements

      2. Article 44.Choice of procedures

      3. Article 45.Open procedure

      4. Article 46.Restricted procedure

      5. Article 47.Negotiated procedure with prior call for competition

      6. Article 48.Competitive dialogue

      7. Article 49.Innovation partnership

      8. Article 50.Use of the negotiated procedure without prior call for competition

    2. CHAPTER II Techniques and instruments for electronic and aggregated procurement

      1. Article 51.Framework agreements

      2. Article 52.Dynamic purchasing systems

      3. Article 53.Electronic auctions

      4. Article 54.Electronic catalogues

      5. Article 55.Centralised purchasing activities and central purchasing bodies

      6. Article 56.Occasional joint procurement

      7. Article 57.Procurement involving contracting entities from different Member States

    3. CHAPTER III Conduct of the procedure

      1. Section 1 Preparation

        1. Article 58.Preliminary market consultations

        2. Article 59.Prior involvement of candidates or tenderers

        3. Article 60.Technical specifications

        4. Article 61.Labels

        5. Article 62.Test reports, certification and other means of proof

        6. Article 63.Communication of technical specifications

        7. Article 64.Variants

        8. Article 65.Division of contracts into lots

        9. Article 66.Setting time limits

      2. Section 2 Publication and Transparency

        1. Article 67.Periodic indicative notices

        2. Article 68.Notices on the existence of a qualification system

        3. Article 69.Contract notices

        4. Article 70.Contract award notices

        5. Article 71.Form and manner of publication of notices

        6. Article 72.Publication at national level

        7. Article 73.Electronic availability of procurement documents

        8. Article 74.Invitations to candidates

        9. Article 75.Informing applicants for qualification, candidates and tenderers

      3. Section 3 Choice of participants and award of contracts

        1. Article 76.General principles

      4. Subsection 1 Qualification and qualitative selection

        1. Article 77.Qualification systems

        2. Article 78.Criteria for qualitative selection

        3. Article 79.Reliance on the capacities of other entities

        4. Article 80.Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU

        5. Article 81.Quality assurance standards and environmental management standards

      5. Subsection 2 Award of the contract

        1. Article 82.Contract award criteria

        2. Article 83.Life-cycle costing

        3. Article 84.Abnormally low tenders

      6. Section 4 Tenders comprising products originating in third countries and relations with those countries

        1. Article 85.Tenders comprising products originating in third countries

        2. Article 86.Relations with third countries as regards works, supplies and service contracts

    4. CHAPTER IV Contract performance

      1. Article 87.Conditions for performance of contracts

      2. Article 88.Subcontracting

      3. Article 89.Modification of contracts during their term

      4. Article 90.Termination of contracts

  4. TITLE III PARTICULAR PROCUREMENT REGIMES

    1. CHAPTER I Social and other specific services

      1. Article 91.Award of contracts for social and other specific services

      2. Article 92.Publication of notices

      3. Article 93.Principles of awarding contracts

      4. Article 94.Reserved contracts for certain services

    2. CHAPTER II Rules governing design contests

      1. Article 95.Scope

      2. Article 96.Notices

      3. Article 97.Rules on the organisation of design contests, the selection of participants and the jury

      4. Article 98.Decisions of the jury

  5. TITLE IV GOVERNANCE

    1. Article 99.Enforcement

    2. Article 100.Individual reports on procedures for the award of contracts

    3. Article 101.National reporting and statistical information

    4. Article 102.Administrative cooperation

  6. TITLE V DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS

    1. Article 103.Exercise of the delegation

    2. Article 104.Urgency procedure

    3. Article 105.Committee procedure

    4. Article 106.Transposition and transitional provisions

    5. Article 107.Repeal

    6. Article 108.Review

    7. Article 109.Entry into force

    8. Article 110.Addressees

  7. Signature

    1. ANNEX I

      LIST OF ACTIVITIES AS SET OUT IN POINT (A) OF POINT 2 OF ARTICLE 2

      1. In the event of any difference of interpretation between the...

    2. ANNEX II

      LIST OF UNION LEGAL ACTS REFERRED TO IN ARTICLE 4(3)

      1. Rights which have been granted by means of a procedure...

      2. granting authorisation to operate natural gas installations in accordance with...

    3. ANNEX III

      LIST OF UNION LEGAL ACTS REFERRED TO IN ARTICLE 34(3)

      1. A. Transport or distribution of gas or heat

      2. B. Production, transmission or distribution of electricity

      3. C. Production, transport or distribution of drinking water

      4. D. Contracting entities in the field of rail services

      5. E. Contracting entities in the field of urban railway, tramway, trolleybus...

      6. F. Contracting entities in the field of postal services

      7. G. Extraction of oil or gas

      8. H. Exploration for and extraction of coal or other solid fuels...

      9. I. Contracting entities in the field of seaport or inlandportor other...

      10. J. Contracting entities in the field of airport installations

    4. ANNEX IV

      DEADLINES FOR THE ADOPTION OF THE IMPLEMENTING ACTS REFERRED TO IN ARTICLE 35

      1. 1. The implementing acts referred to in Article 35 shall be...

      2. 2. The Commission may require the Member State or the contracting...

    5. ANNEX V

      REQUIREMENTS RELATING TO TOOLS AND DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS TO PARTICIPATE, APPLICATIONS FOR QUALIFICATION AS WELL AS PLANS AND PROJECTS IN CONTESTS

      1. Tools and devices for the electronic receipt of tenders, requests...

      2. the exact time and date of the receipt of tenders,...

    6. ANNEX VI

      1. PART A INFORMATION TO BE INCLUDED IN THE PERIODIC INDICATIVE NOTICE

        1. I. Information to be included in all cases

          1. 1. Name, identification number (where provided for in national legislation), address...

          2. 2. Main activity exercised.

          3. 3. For supply contracts: nature and quantity or value of the...

          4. 4. Date of dispatch of the notice or of dispatch of...

          5. 5. Any other relevant information.

        2. II. Additional information to be supplied where the notice is used...

          1. 6. A reference to the fact that interested economic operators shall...

          2. 7. E-mail or internet address at which the specifications procurement documents...

          3. 8. Where appropriate, state whether the contract is reserved for sheltered...

          4. 9. Time limit for the receipt of applications for an invitation...

          5. 10. Nature and quantity of the products to be supplied or...

          6. 11. NUTS code for the main location of works in case...

          7. 12. Time limits for delivery or completion or duration of service...

          8. 13. Address to which interested undertakings shall send their expressions of...

          9. 14. Time limit for receipt of expressions of interest.

          10. 15. Language or languages authorised for the presentation of candidatures or...

          11. 16. Economic and technical conditions, and financial and technical guarantees required...

          12. 17. Estimated date for initiating the procurement procedures in respect of...

          13. 18. Where appropriate, particular conditions to which the performance of the...

          14. 19. Where appropriate, indication whether:

          15. 20. Name and address of the body responsible for appeal and,...

          16. 21. Where known, criteria referred to in Article 82 to be...

      2. PART B INFORMATION TO BE INCLUDED IN NOTICES OF PUBLICATION OF A PERIODIC INDICATIVE NOTICE ON A BUYER PROFILE NOT USED AS A MEANS OF CALLING FOR COMPETITION

        1. 1. Name, identification number (where provided for in national legislation), address...

        2. 2. Main activity exercised.

        3. 3. CPV Codes.

        4. 4. Internet address of the ‘buyer profile’ (URL).

        5. 5. Date of dispatch of the notice of the publication of...

    7. ANNEX VII

      INFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS (ARTICLE 53(4))

      1. Where contracting entities have decided to hold an electronic auction,...

      2. the features whose values will be the subject of electronic...

    8. ANNEX VIII

      DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS

      1. For the purposes of this Directive,

      2. ‘technical specification’ means one of the following: in the case...

    9. ANNEX IX

      FEATURES CONCERNING PUBLICATION

      1. 1. Publication of notices

      2. 2. Publication of complementary or additional information

        1. (a) Except where otherwise provided for in the third and fourth...

        2. (b) The buyer profile may include periodic indicative notices as referred...

      3. 3. Format and procedures for the electronic transmission of notices

    10. ANNEX X

      1. INFORMATION TO BE INCLUDED IN THE NOTICE ON THE EXISTENCE OF A QUALIFICATION SYSTEM (as referred to in point (b) of Article 44(4) and...

        1. 1. Name, identification number (where provided for in national legislation), address...

        2. 2. Main activity exercised.

        3. 3. Where appropriate, state whether the contract is reserved for sheltered...

        4. 4. Purpose of the qualification system (description of the products, services...

        5. 5. Conditions to be fulfilled by the economic operators in view...

        6. 6. Period of validity of the qualification system and the formalities...

        7. 7. Reference to the fact that the notice acts as the...

        8. 8. Address where further information and documentation concerning the qualification system...

        9. 9. Name and address of the body responsible for appeal and,...

        10. 10. Where known, criteria referred to in Article 82 to be...

        11. 11. Where appropriate, indication whether:

        12. 12. Any other relevant information.

    11. ANNEX XI

      1. INFORMATION TO BE INCLUDED IN CONTRACT NOTICES (as referred to in Article 69)

        1. A. OPEN PROCEDURES

          1. 1. Name, identification number (where provided for in national legislation), address...

          2. 2. Main activity exercised.

          3. 3. Where appropriate, state whether the contract is reserved for sheltered...

          4. 4. Nature of the contract (supply, works or service, where appropriate,...

          5. 5. NUTS code for the main location of works in case...

          6. 6. For supplies and works:

          7. 7. For services:

          8. 8. Where known, indication of whether authorisation to submit variants exists...

          9. 9. Time limits for delivery or completion or duration of service...

          10. 10. E-mail or internet address at which the procurement documents will...

          11. 11. Final date for receipt of tenders or indicative tenders where...

          12. 12. Where applicable, the persons authorised to be present at the...

          13. 13. Where applicable, any deposits and guarantees required.

          14. 14. Main terms concerning financing and payment and/or references to the...

          15. 15. Where appropriate, the legal form to be taken by the...

          16. 16. Minimum economic and technical conditions required of the economic operator...

          17. 17. Period during which the tenderer is bound to keep open...

          18. 18. Where appropriate, particular conditions to which the performance of the...

          19. 19. Criteria referred to in Article 82 to be used for...

          20. 20. Where appropriate, date(s) and the reference(s) to publication in the...

          21. 21. Name and address of the body responsible for appeal and,...

          22. 22. Date of dispatch of the notice by the contracting entity....

          23. 23. Any other relevant information.

        2. B. RESTRICTED PROCEDURES

          1. 1. Name, identification number (where provided for in national legislation), address...

          2. 2. Main activity exercised.

          3. 3. Where appropriate, state whether the contract is reserved for sheltered...

          4. 4. Nature of the contract (supplies, works or services; where appropriate,...

          5. 5. NUTS code for the main location of works in case...

          6. 6. For supplies and works:

          7. 7. For services:

          8. 8. Where known, indication of whether authorisation to submit variants exists...

          9. 9. Time limits for delivery or completion or duration of the...

          10. 10. Where appropriate, the legal form to be taken by the...

          11. 11. Final date for receipt of requests to participate; Address to...

          12. 12. Final date for dispatch of invitations to tender.

          13. 13. Where applicable, any deposits and guarantees required.

          14. 14. Main terms concerning financing and payment and/or references to the...

          15. 15. Information concerning the economic operator’s position and the minimum economic...

          16. 16. Criteria referred to in Article 82 to be used for...

          17. 17. Where appropriate, particular conditions to which the performance of the...

          18. 18. Where appropriate, the date(s) and reference(s) to publication in the...

          19. 19. Name and address of the body responsible for appeal and,...

          20. 20. Date of dispatch of the notice by the contracting entities....

          21. 21. Any other relevant information.

        3. C. NEGOTIATED PROCEDURES

          1. 1. Name, identification number (where provided for in national legislation), address...

          2. 2. Main activity exercised.

          3. 3. Where appropriate, state whether the contract is reserved for sheltered...

          4. 4. Nature of the contract (supplies, works or services; where appropriate,...

          5. 5. NUTS code for the main location of works in case...

          6. 6. For supplies and works:

          7. 7. For services:

          8. 8. Where known, indication of whether authorisation to submit variants exists...

          9. 9. Time limits for delivery or completion or duration of the...

          10. 10. Where appropriate, the legal form to be taken by the...

          11. 11. Final date for receipt of requests to participate; Address to...

          12. 12. Where appropriate, any deposits and guarantees required.

          13. 13. Main terms concerning financing and payment and/or references to the...

          14. 14. Information concerning the economic operator’s position and the minimum economic...

          15. 15. Criteria referred to in Article 82 to be used for...

          16. 16. Where appropriate, the names and addresses of the economic operators...

          17. 17. Where appropriate, particular conditions to which the performance of the...

          18. 18. Where appropriate, the dates and reference(s) of publication in the...

          19. 19. Name and address of the body responsible for appeal and,...

          20. 20. Date of dispatch of the notice by the contracting entity....

          21. 21. Any other relevant information.

    12. ANNEX XII

      1. INFORMATION TO BE INCLUDED IN THE CONTRACT AWARD NOTICE (as referred to in Article 70)

        1. I. Information for publication in the Official Journal of the European...

          1. 1. Name, identification number (where provided for in national legislation), address...

          2. 2. Main activity exercised.

          3. 3. Nature of the contract (supplies, works or services and CPV...

          4. 4. At least a summary indication of the nature and quantity...

          5. 5. Form of the call for competition (notice on the existence...

          6. 6. Procurement procedure (open, restricted or negotiated).

          7. 7. Number of tenders received, specifying

          8. 8. Date of the conclusion of the contract(s) or of the...

          9. 9. Price paid for bargain purchases pursuant to Article 50(h).

          10. 10. For each award, name, address including NUTS code, telephone, fax...

          11. 11. State, where appropriate, whether the contract has been, or may...

          12. 12. Price paid or the prices of the highest and lowest...

          13. 13. Name and address of the body responsible for the appeal...

          14. 14. Optional information:

        2. II. Information not intended for publication

          1. 15. Number of contracts awarded (where an award has been split...

          2. 16. Value of each contract awarded.

          3. 17. Country of origin of the product or service (Community origin...

          4. 18. Which award criteria were used?

          5. 19. Was the contract awarded to a tenderer who submitted a...

          6. 20. Were any tenders excluded on the grounds that they were...

          7. 21. Date of transmission of the notice by the contracting entity....

    13. ANNEX XIII

      CONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, PARTICIPATE IN THE DIALOGUE, TO NEGOTIATE OR TO CONFIRM INTEREST PROVIDED FOR UNDER ARTICLE 74

      1. 1. The invitation to submit a tender, to participate in the...

      2. 2. When a call for competition is made by means of...

    14. ANNEX XIV

      LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 36(2)

      1. ILO Convention 87 on Freedom of Association and the Protection...

    15. ANNEX XV

      LIST OF UNION LEGAL ACTS REFERRED TO IN ARTICLE 83(3)

      1. Directive 2009/33/EC of the European Parliament and of the Council....

    16. ANNEX XVI

      1. INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONTRACT DURING ITS TERM (as referred to in Article 89(1)

        1. 1. Name, identification number (where provided for in national legislation), address...

        2. 2. Main activity exercised.

        3. 3. CPV codes.

        4. 4. NUTS code for the main location of works in case...

        5. 5. Description of the procurement before and after the modification: nature...

        6. 6. Where applicable, increase in price caused by the modification.

        7. 7. Description of the circumstances which have rendered necessary the modification....

        8. 8. Date of contract award decision.

        9. 9. Where applicable, the name, address including NUTS code, telephone, fax...

        10. 10. Information whether the contract is related to a project and/or...

        11. 11. Name and address of the body responsible for review and,...

    17. ANNEX XVII

    18. ANNEX XVIII

      1. INFORMATION TO BE INCLUDED IN NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 92)

        1. Part A Contract notice

        2. Part B Periodic indicative notice

        3. Part C Notice on the existence of a qualification system

        4. Part D Contract award notice

    19. ANNEX XIX

      1. INFORMATION TO BE INCLUDED IN THE DESIGN CONTEST NOTICE (as referred to in Article 96(1))

        1. 1. Name, identification number (where provided for in national legislation), address...

        2. 2. Main activity exercised.

        3. 3. Project description (CPV codes).

        4. 4. Nature of the contest: open or restricted.

        5. 5. In the case of open contests: final date for receipt...

        6. 6. In the case of restricted contests:

        7. 7. Where applicable, indication of whether participation is reserved to a...

        8. 8. Criteria to be applied in the evaluation of projects.

        9. 9. Where applicable, names of the selected members of the jury....

        10. 10. Indication of whether the decision of the jury is binding...

        11. 11. Where applicable, number and value of prizes.

        12. 12. Where applicable, details of payments to all participants.

        13. 13. Indication of whether the prize-winners are permitted any follow-up contracts....

        14. 14. Name and address of the body responsible for the appeal...

        15. 15. Date of dispatch of the notice.

        16. 16. Any other relevant information.

    20. ANNEX XX

      1. INFORMATION TO BE INCLUDED IN THE RESULTS OF DESIGN CONTEST NOTICES (as referred to in Article 96(1))

        1. 1. Name, identification number (where provided for in national legislation), address...

        2. 2. Main activity exercised.

        3. 3. Project description (CPV codes).

        4. 4. Total number of participants.

        5. 5. Number of foreign participants.

        6. 6. Winner(s) of the contest.

        7. 7. Where applicable, the prize(s).

        8. 8. Other information.

        9. 9. Reference of the design contest notice.

        10. 10. Name and address of the body responsible for the appeal...

        11. 11. Date of dispatch of the notice.

    21. ANNEX XXI

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