Commission Delegated Regulation (EU) No 1268/2012 (repealed)Dangos y teitl llawn

[F1 CHAPTER 2 U.K. Provisions applicable to contracts awarded by the Union institutions on their own account

Article 166a U.K. Central purchasing body (Article 117 of the Financial Regulation)

1. A central purchasing body may act as any of the following:

(a) as wholesaler by buying, stocking and reselling supplies and services to other contracting authorities;

(b) as intermediary by awarding framework contracts or operating dynamic purchasing systems that may be used by other contracting authorities as announced in the initial notice.

2. The central purchasing body shall carry out all procurement procedures using electronic means of communication.

Article 167 U.K. Identification of the appropriate level for the calculation of contract value (Article 117 of the Financial Regulation)

Each authorising officer by delegation or subdelegation within each institution shall assess whether the thresholds laid down in Article 118(1) of the Financial Regulation have been reached.

Article 168 U.K. Lots (Article 118(4) of the Financial Regulation)

1. Whenever appropriate, technically feasible, and cost efficient, contracts shall be awarded in the form of separate lots within the same procedure.

2. Where the subject matter of a contract is subdivided into several lots, each one being the subject of an individual contract, the total value of all the lots shall be taken into account for the overall evaluation of the applicable threshold.

Where the total value of all the lots is equal to or greater than the thresholds laid down in Article 118(1) of the Financial Regulation, Articles 103(1), 104 and 104a of the Financial Regulation shall apply to each of the lots.

3. Where a contract is to be awarded in the form of separate lots, tenders shall be evaluated separately for each lot. If several lots are awarded to the same tenderer, a single contract covering those lots may be signed.

Article 169 U.K. Arrangements for estimating the value of a contract (Article 118(4) of the Financial Regulation)

1. The contracting authority shall estimate the value of a contract based on the total amount payable including any form of options and any renewal.

This estimate shall be made at the latest when the contracting authority launches the procurement procedure.

2. For framework contracts and dynamic purchasing systems the value to be taken into account shall be the maximum value of all the contracts envisaged during the total duration of the framework contract or dynamic purchasing system.

For innovation partnerships, the value to be taken into account shall be the maximum estimated value of the research and development activities to take place during all stages of the envisaged partnership as well as of the works, supplies or services to be purchased at the end of the envisaged partnership.

Where the contracting authority provides for payments to candidates or tenderers it shall take them into account when calculating the estimated value of the contract.

3. For service contracts, account shall be taken of the following:

(a) in the case of insurance services, the premium payable and other forms of remuneration;

(b) in the case of banking or financial services, the fees, commissions, interest and other types of remuneration;

(c) in the case of design contracts, the fees, commissions payable and other forms of remuneration.

4. In the case of service contracts which do not specify a total price or of supply contracts for leasing, hire, rental or hire purchase of products, the basis for calculating the estimated contract value shall be:

(a) in the case of fixed-term contracts:

(i)

where their duration is 48 months or less in the case of services or 12 months or less in the case of supplies, the total contract value for their duration;

(ii)

where their duration is more than 12 months in the case of supplies, the total value including the estimated residual value;

(b) in the case of contracts without a fixed term or, in the case of services, for a duration exceeding 48 months, the monthly value multiplied by 48.

5. In the case of service or supply contracts which are awarded regularly or are to be renewed within a given period, the basis for calculating the estimated contract value shall be any of the following:

(a) the total actual value of successive contracts of the same type awarded during the preceding 12 months or financial year, adjusted, where possible, to take account of the changes in quantity or value which would occur in the course of the 12 months following the initial contract;

(b) the total estimated value of successive contracts of the same type to be awarded during the financial year.

6. In the case of works contracts, account shall be taken not only of the value of the works but also of the estimated total value of the supplies and services needed to carry out the works and made available to the contractor by the contracting authority.

7. In the case of concession contracts, the value shall be the estimated total turnover of the concessionaire generated over the duration of the contract.

The value shall be calculated using an objective method specified in the procurement documents, taking into account in particular:

(a) the revenue from the payment of fees and fines by the users of the works or services other than those collected on behalf of the contracting authority;

(b) the value of grants or any other financial advantages from third parties for the performance of the concession;

(c) the revenue from sales of any assets which are part of the concession;

(d) the value of all the supplies and services that are made available to the concessionaire by the contracting authority provided that they are necessary for executing the works or services;

(e) the payments to candidates or tenderers.

Article 171 U.K. Standstill period before signature of the contract (Articles 118(2) and (3) of the Financial Regulation)

1. The standstill period shall run from either of the following dates:

(a) the day after the simultaneous dispatch of the notifications to successful and unsuccessful tenderers by electronic means;

(b) where the contract or framework contract is awarded pursuant to Article 134(1)(b), the day after the contract award notice referred to in Article 123(5) has been published in the Official Journal of the European Union .

If necessary, the contracting authority may suspend the signature of the contract for additional examination if this is justified by the requests or comments made by unsuccessful or aggrieved candidates or tenderers or by any other relevant information received during the period set in Article 118(3) of the Financial Regulation. In the case of suspension all the candidates or tenderers shall be informed within three working days following the suspension decision.

Where the contract or framework contract cannot be signed with the successful envisaged tenderer, the contracting authority may award it to the following best tenderer.

2. The period set in paragraph 1 shall not apply in the following cases:

(a) any procedure where only one tender has been submitted;

(b) specific contracts based on a framework contract;

(c) dynamic purchasing systems;

(d) negotiated procedure without prior publications referred to in Article 134 except the procedure under Article 134(1)(b).

Article 172 U.K. Evidence of access to procurement (Article 119 of the Financial Regulation)

The procurement documents shall require candidates or tenderers to indicate in which State they are established and to present the supporting evidence normally acceptable under the law of that State.]

Textual Amendments

F1 Substituted by Commission Delegated Regulation (EU) 2015/2462 of 30 October 2015 amending Delegated Regulation (EU) No 1268/2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union.