CHAPTER II

PUBLIC TENDER PROCEDURES
SECTION 3

Special rules for certain types of contracts

Framework agreements
Article 18
1
The ECB may use framework agreements in cases where it regularly concludes contracts for similar products, services or works without being able to define the exact quantities, delivery times or the detailed requirements.
2
For the purpose of concluding a framework agreement, the ECB shall follow the procedures set out in Articles 10 to 14. The contract notice shall specify the scope and envisaged number of framework agreements to be awarded.
Specific contracts based on the framework agreement shall be awarded in accordance with the procedures laid down in this Article.
3
Where a framework agreement is concluded with a single supplier, specific contracts based on that agreement shall be awarded within the limits of the terms laid down in the framework agreement. Insofar as necessary, the ECB may request the supplier in writing to supplement its initial tender. Such supplementary offers shall not entail substantial changes to the terms and conditions laid down in the framework agreement.
4
Where framework agreements are concluded with several suppliers, specific contracts may be awarded either:
a
by application of the criteria laid down in the framework agreements without reopening a competition;
b
where no such criteria are defined, by reopening a competition among the suppliers with which a framework agreement exists; or
c
by applying in some cases the criteria laid down in the framework agreements without reopening competition as specified in point (a) and in other cases reopening a competition among the suppliers with which a framework agreement exists as specified in point (b), provided that the procurement documents for the framework agreement provide for the possibility to choose between the two options, contain binding objective criteria governing this choice and specify the provisions which may be subject to reopening of competition.
If a competition is reopened in accordance with point (b), the ECB shall award a specific contract in accordance with the following procedure:
- the ECB shall invite the suppliers in writing to submit a tender within the time limit specified in the request for a proposal. The procurement documents for the framework agreement shall specify the criteria on the basis of which the specific contract will be awarded, supplemented, where necessary, by greater detail in the request for a proposal;
- the suppliers shall submit their tenders in writing within the time limit set by the ECB; and
- the ECB shall award the specific contract to the tenderer that has submitted the best tender on the basis of the award criteria set out in the request for a proposal.
Whenever competition is reopened in accordance with points (b) or (c), Article 36(1) and (2) shall apply accordingly.
Substituted by Decision (EU) 2020/380 of the European Central Bank of 18 February 2020 amending Decision (EU) 2016/245 laying down the rules on procurement (ECB/2020/10).