CHAPTER II

PUBLIC TENDER PROCEDURES

Overview
Article 9
1
The ECB shall award contracts of which the estimated value equals or exceeds the thresholds set out in Article 4(3) by open or restricted procedure. In justified cases the ECB may apply a negotiated
procedure, a competitive dialogue or an innovation partnership, under the conditions set out in Articles 12 to 14.
2
The ECB may establish framework agreements or dynamic purchasing systems and award contracts on that basis in accordance with the conditions set out in Articles 18 and 19 respectively.
3
The procedures set out in paragraphs 1 and 2 may be supplemented by an electronic auction as described in Article 16.
4
The ECB may carry out design contests. The procedure for a design contest shall be laid down in the contest notice published in the Official Journal. It shall comply with the general principles for design contests, including publicity, transparency and non-discrimination, and the integrity and independence of the contest jury. The criteria to be used in design contests may include, in particular, criteria relating to the artistic value of a design concept and its budget compliance.
5
The ECB shall award concession contracts in line with Article 20 and the general principles set out in Article 3. The award procedure shall be laid down in the contract notice.
6
The ECB may decide to award a contract in the form of separate lots and may determine the size and subject matter of such lots.
7
For the calculation of periods, dates and time-limits, Regulation (EEC, Euratom) No 1182/71 of the Council
shall apply.
Regulation (EEC, Euratom) No 1182/71 of the Council of
3 June 1971
determining the rules applicable to periods, dates and time limits (
OJ L 124, 8.6.1971, p. 1
).
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).
Inserted 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).