CHAPTER I
GENERAL RULES
Article 1
Definitions
Article 2
Scope
Article 3
General principles
Article 4
Contract value thresholds
Article 5
Calculation of the estimated value of a contract
Article 6
Exceptions
Article 7
Duration and extension of contracts
Article 8
Amendments to contracts during their term
CHAPTER II
PUBLIC TENDER PROCEDURES
Article 9
Overview
SECTION 1
Types of procedure and conduct of the procedure
Article 10
Open procedure
Article 11
Restricted procedure
Article 12
Negotiated procedure
Article 13
Competitive dialogue
Article 14
Innovation partnership
SECTION 2
Electronic procurement
Article 15
Electronic tender procedures
Article 16
Electronic auctions
Article 17
Electronic catalogues
SECTION 3
Special rules for certain types of contracts
Article 18
Framework agreements
Article 19
Dynamic purchasing systems
Article 20
Concession contracts
SECTION 4
Launching the procurement procedure
Article 21
Publication of procurement opportunities
Article 22
Call for expression of interest
Article 23
Time limits for receipt of applications and tenders
Article 24
Invitation to tender
Article 25
Specifications
SECTION 5
Information exchange
Article 26
Communication with candidates and tenderers
Article 27
Requests for additional documentation and clarification
Article 28
Rectification of procurement documents and time limit for and preclusion of objections
SECTION 6
Evaluation
Article 29
General principles
Article 30
Eligibility of candidates and tenderers
Article 31
Selection criteria
Article 32
Award criteria
Article 33
Abnormally low tenders
SECTION 7
Communication of the outcome
Article 34
Notification of selection and award decisions
CHAPTER III
PROCUREMENT PROCEDURE FOR CONTRACTS BELOW THE THRESHOLDS AND SERVICE CONTRACTS REFERRED TO IN ARTICLE 6(2)
Article 35
Conduct of the procedure
Article 36
Notification of award decision and list of contractors
Article 37
Direct award
CHAPTER IV
FINAL PROVISIONS
Article 38
Cancellation of tender procedures
Article 39
Appeal procedure
Article 40
Jurisdiction
Article 41
Entry into force
ANNEX I
SERVICES SUBJECT TO ARTICLE 6(2)
CPV Code Description 75200000-8; 75231200-6; 75231240-8; 79611000-0; 79622000-0 [Supply services...
ANNEX II
CORRELATION TABLE
Decision ECB/2007/5 This Decision Article 1 Article 1 Article 2...
Decision (EU) 2016/245 of the European Central Bank
of 9 February 2016
laying down the rules on procurement (ECB/2016/2)
(recast)
THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.6 thereof,
Having regard to Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank , and in particular Article 19 thereof,
Whereas:
(1)
Decision ECB/2007/5 has been amended several times and changed considerably in substance. Since further amendments are to be made, it should be recast in the interests of clarity.
(2)
The European Central Bank (ECB) is committed to the principle of cost-efficiency and seeks the best value for money from the procurement of products, services and works.
(3)
Directive 2004/18/EC of the European Parliament and of the Council has been replaced by Directive 2014/24/EU of the European Parliament and of the Council . Neither this Directive nor Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council applies to the ECB.
(4)
The ECB respects the general principles of procurement law as reflected in Directive 2014/24/EU and Regulation (EU, Euratom) No 966/2012.
(5)
Article 6 of Council Regulation No 1 determining the languages to be used by the European Economic Community provides that the institutions of the Union may stipulate in their rules of procedure which of the official languages are to be used in specific cases.
(6)
Decision ECB/2008/17 lays down the framework for joint Eurosystem procurement,
HAS ADOPTED THIS DECISION:
OJ L 80, 18.3.2004, p. 33.
Decision ECB/2007/5 of 3 July 2007 laying down the Rules on Procurement (OJ L 184, 14.7.2007, p. 34).
Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, 30.4.2004, p. 114).
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 (OJ L 94, 28.3.2014, p. 65).
Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
Council Regulation No 1 determining the languages to be used by the European Economic Community (OJ 17, 6.10.1958, p. 385/58).
Decision ECB/2008/17 of 17 November 2008 laying down the framework for joint Eurosystem procurement (OJ L 319, 29.11.2008, p. 76).