Decision (EU) 2016/245 of the European Central BankDangos y teitl llawn

SECTION 2 U.K. Electronic procurement

Article 15 U.K. Electronic tender procedures

The ECB may carry out electronic tender procedures in line with the general requirements for electronic procurement set out in Article 22 of Directive 2014/24/EU in conjunction with Annex IV thereto. In such cases, the contract notice shall specify in particular the formal requirements to be observed by the candidates or tenderers and how to access the electronic platform. The ECB may determine that it will accept only electronic applications and tenders unless there are technical reasons relating to equal access, operability, or security which make this impracticable.

Article 16 U.K. Electronic auctions

1. For open, restricted and negotiated procedures, the ECB may use an electronic auction, provided that the specifications can be established with precision.

The electronic auction shall be based either:

(a) solely on prices where the contract is awarded on the basis of price only; or

(b) on prices and/or on the new values of the features of the tenders indicated in the specification, where the contract is awarded on the basis of the best price-quality ratio.

2. If the ECB intends to carry out an electronic auction it shall state so in the contract notice. The procurement documents shall include, inter alia, the following details:

(a) the features and the values that shall be the subject of electronic auction, provided that such features are quantifiable and can be expressed in figures or percentages;

(b) any limits on the values which may be submitted resulting from the specifications;

(c) the information which will be made available to tenderers in the course of the electronic auction and, where appropriate, when it will be made available to them;

(d) any relevant information concerning the electronic auction process;

(e) the conditions under which the tenderers will be able to bid and, in particular, the minimum differences which will, where appropriate, be required when bidding; and

(f) any relevant information concerning the electronic equipment used and the arrangements and technical specifications for connection.

3. The electronic auction shall only be initiated after the submission and initial evaluation of the tenders. All eligible tenderers that meet the selection criteria and whose tenders are in conformity with the technical specifications and are not irregular, unacceptable or unsuitable shall be invited simultaneously to submit new prices and/or new values.

4. The invitation shall be accompanied by the outcome of a full evaluation of the relevant tender. It shall state the date and time of the start of the electronic auction and set out instructions for individual connection to the electronic equipment. The electronic auction shall not start sooner than 2 working days after the date on which invitations are sent out. The invitation shall also state the mathematical formula to be used in the electronic auction to determine automatic re-rankings on the basis of the new prices and/or new values submitted. Except where the most economically advantageous offer is identified on the basis of price alone, that formula shall incorporate the weighting of all of the criteria established to determine the most economically advantageous tender, as indicated in the contract notice or in the procurement documents. For that purpose, any ranges shall, however, be reduced beforehand to a specified value. Where variants are authorised, a separate formula shall be provided for each variant.

5. The electronic auction may take place in successive phases. Throughout each phase the ECB shall instantaneously communicate to all tenderers at least sufficient information to enable them to ascertain their relative rankings at any time. It may also communicate other information concerning other prices or values submitted, provided that that is stated in the procurement documents. It may also at any time announce the number of participants in that phase of the auction. The ECB shall, however, not disclose the identities of the tenderers during any phase of an electronic auction.

6. The ECB shall close an electronic auction at the expiry of the time limit indicated in the invitation to participate in the auction. The time limit may be expressed as a specific date and time or as a period that has to elapse after submission of the last offer with new prices or values. The ECB shall specify in the invitation the timetable for any auctions carried out in phases.

7. After closing an electronic auction, the ECB shall award the contract on the basis of the results of the electronic auction.

Article 17 U.K. Electronic catalogues

1. Where the use of electronic means of communication is required, the ECB may require tenders to be presented in the form of an electronic catalogue or to include an electronic catalogue.

2. Where the presentation of tenders in the form of an electronic catalogue is accepted or required, the ECB shall:

(a) state this in the contract notice;

(b) indicate in the procurement documents all the necessary information pursuant to Article 22(6) of Directive 2014/24/EU concerning the format, the electronic equipment used and the technical connection arrangements and specifications for the catalogue.

3. Electronic catalogues shall be established by the candidates or tenderers with a view to participating in a given procurement procedure, in accordance with the technical specifications and format established by the ECB, and in compliance with the requirements for electronic communication tools and any additional requirements set by the ECB in line with Article 22 of Directive 2014/24/EU.

4. Where a framework agreement has been concluded with more than one supplier by means of electronic catalogues, a reopening of competition for specific contracts may take place on the basis of updated catalogues. In such a case the ECB may:

(a) invite tenderers to resubmit their electronic catalogues, adapted to the requirements of the contract in question; or

(b) if the procurement documents so provide, notify tenderers that the ECB intends to collect from the electronic catalogues which have already been submitted the information needed to compile tenders for the contract in question.

Where competition is reopened in accordance with point (b), the ECB shall notify tenderers of the date and time at which the information will be collected and give them the option of refusing such collection of information. The ECB shall allow for an adequate period between the notification and the actual collection of information. Before the ECB awards the contract, the tenderer concerned shall have the opportunity to confirm that the tender thus compiled does not contain any material errors.

5. Where a dynamic purchasing system is used, the ECB may require that a request for participation is accompanied by an electronic catalogue on the basis of which specific contracts may be awarded, with tenders constituted in accordance with point (b) of paragraph 4. In this case, the ECB shall inform the candidates of its intention to constitute tenders by means of that procedure and candidates shall complete the electronic catalogues submitted. Alternatively, the ECB may require that the tenders for a specific contract are presented in the format of an electronic catalogue.