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 12 for all phases up to the award of the framework agreement. If the ECB intends to conclude a framework agreement with several suppliers, it shall award at least three agreements, provided that a sufficient number of suppliers meet the selection and award criteria. The contract notice shall specify the scope and 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.

Dynamic purchasing systems
Article 19
1
The ECB may procure standardised, readily available products, services and works through dynamic purchasing systems. These systems shall be fully electronic, freely accessible and free of charge to suppliers. Unless specified otherwise in this Article, the procedure shall follow the rules for restricted procedures laid down in Article 11.
2
For the purposes of setting up a dynamic purchasing system, the ECB shall:
a
publish a contract notice stating that a dynamic purchasing system is being used, indicating the nature of the purchases envisaged under the system, its validity period, the selection and award criteria, and all necessary information concerning the electronic equipment used and the technical connection arrangements and specifications. The notice shall specify a time limit of no less than 30 days within which suppliers may apply to participate; and
b
offer by electronic means, starting from publication of the notice and up to the expiry of the system, unrestricted, direct and full access to the tender conditions and to any additional documents.
3
The system shall be open throughout its duration to any supplier that satisfies the selection criteria and has submitted an application complying with the tender conditions. No further time limits for receipt of applications shall apply. Tenderers may improve their applications at any time provided that they continue to comply with the tender conditions. They shall inform the ECB without undue delay of any changes affecting their eligibility or capacity to perform the contract. The ECB may request tenderers to submit updated evidence regarding their eligibility.
4
The ECB shall verify within 10 days of receipt the tenderers' eligibility and compliance with the selection criteria on the basis of their applications. It shall also check whether the applications meet the tender conditions. The ECB shall inform tenderers at the earliest possible opportunity whether or not they have been admitted to the dynamic purchasing system.
5
Each specific contract the value of which is equal to or exceeds the thresholds set out in Article 4(3) shall be the subject of a separate invitation to tender. The ECB shall invite all tenderers admitted to the system to submit a tender within a reasonable time limit which shall be not less than 15 days. The ECB shall award the contract to the tenderer that submitted the best tender on the basis of the award criteria set out in the contract notice. Those criteria may, if appropriate, be formulated more precisely in the invitation to tender.
6
If the value of a specific contract is below the thresholds set out in Article 4(3), the ECB may invite three or five tenderers admitted to the system to submit a tender in accordance with the procedure set out in Article 35.
7
A dynamic purchasing system may not last for more than 4 years, except where a longer duration is duly justified and was provided for in the contract notice.

Concession contracts
Article 20
The award procedure for concession contracts shall be governed by this Decision subject to the following modifications:
1. the calculation of the estimated value of concession contracts shall take account of the estimated total turnover, net of VAT, generated by the contractor through the performance of the concession contract during its term;
2. concession contracts shall always be limited in term. The duration shall not exceed the period that a concessionaire could reasonably be expected to take to recoup the investments made and to obtain a financial return.