TITLE IV

GOVERNANCE

Individual reports on procedures for the award of contracts
Article 100
1
Contracting entities shall keep appropriate information on each contract or framework agreement covered by this Directive and each time a dynamic purchasing system is established. This information shall be sufficient to permit them at a later date to justify decisions taken in connection with:
a
the qualification and selection of economic operators and the award of contracts;
b
the use of negotiated procedures without a call for competition by virtue of Article 50;
c
the non-application of Chapters II to IV of Title II by virtue of the derogations provided for in Chapters II and III of Title I;
d
where necessary, the reasons why other means of communication than electronic means for the electronic submission have been used.
To the extent that the contract award notice drawn up pursuant to Article 70 or Article 92(2) contains the information required in this paragraph, contracting entities may refer to that notice.
2
Contracting entities shall document the progress of all procurement procedures, whether or not the procedures are conducted by electronic means. To that end, they shall ensure that they keep sufficient documentation to justify decisions taken in all stages of the procurement procedure, such as documentation on communications with economic operators and internal deliberations, preparation of the procurement documents, dialogue or negotiation if any, selection and award of the contract. The documentation shall be kept for at least three years from the date of award of the contract.
3
The information or documentation, or the main elements thereof, shall be communicated to the Commission or the national authorities, bodies or structures referred to in Article 99 where they so request.