Commission Delegated Regulation (EU) No 1268/2012 (repealed)Show full title

[F1 CHAPTER III U.K. Procurement

Article 260 U.K. Renting of buildings (Article 190 of the Financial Regulation)

The only buildings contracts which may be financed from operational appropriations for external action shall be those relating to the renting of buildings already constructed at the time the lease is signed. These contracts shall be published as laid down in Article 124.

Article 261 U.K. Service contracts (Article 190 of the Financial Regulation)

1. Service contracts shall comprise the following:

(a) a study contract that is concluded between a contractor and the contracting authority which includes studies for the identification and preparation of projects, feasibility studies, economic and market studies, technical studies and audits;

(b) a technical assistance contract, where the contractor is called on to play an advisory role, to manage or supervise a project or to provide the consultants specified in the contract.

2. Where a third country has qualified management staff in its departments or entities with public-sector participation, the contracts may be performed directly by these departments or entities by direct labour.

Article 262 U.K. Special provisions relating to thresholds and the arrangements for awarding external contracts (Article 190 of the Financial Regulation)

Articles 123 to 126, with the exception of the definitions, Article 128, point (a) of Article 134(1), points (a) and (c) to (f) of Article 135(1), Article 135(4), Articles 137 and 137a, paragraphs 3 to 7 of Article 139, Articles 148(4), 151(3), Article 152, paragraphs 2 and 3 of Article 153, Articles 154, 155, 157, 158 with the exception of Article 158(4), and Article 160 of this Regulation shall not apply to procurement contracts concluded by the contracting authorities referred to in Article 190(2) of the Financial Regulation or on their behalf.

Implementation of the procurement provisions under this Chapter shall be decided by the Commission, including the appropriate controls to be applied by the responsible authorising officer where the Commission is not the contracting authority.

Article 263 U.K. Evidence of access to procurement (Article 191 of the Financial Regulation)

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

Article 264 U.K. Advertising (Article 190 of the Financial Regulation)

1. If applicable, the prior information notice for international calls for tender shall be sent to the Publications Office by electronic means as early as possible.

2. For the purposes of this Chapter, the contract notice shall be published:

(a) at least in the Official Journal of the European Union for international calls for tender;

(b) at least in the official gazette of the recipient State or in any equivalent publication for local invitations to tender.

Where the contract notice is also published locally, it must be identical to the one published in the Official Journal of the European Union and it must be published simultaneously. The Commission shall be responsible for publication in the Official Journal of the European Union . If the notice is published locally, this may be done by the entities referred to in Article 190(2)(b) of the Financial Regulation.

3. The contract award notice shall be sent when the contract is signed except where, if still necessary, the contract was declared secret or where the performance of the contract must be accompanied by special security measures, or when the protection of the essential interests of the Union, or the third country so requires, and where the publication of the award notice is deemed not to be appropriate.

4. A notice for modification of contract shall be published in the Official Journal of the European Union in the cases set out in points (a) and (b) of Article 114a(3) of the Financial Regulation, where the value of the modification is equal to or greater than the thresholds laid down in Articles 265(1)(a), 267(1)(a) or 269(1)(a) of this Regulation.

Article 265 U.K. Thresholds and procedures for awarding service contracts and service concession contracts (Article 190 of the Financial Regulation)

1. The thresholds and procedures referred to in Article 190 of the Financial Regulation shall be as follows for service contracts and service concession contracts:

(a) for contracts with a value of EUR 300 000 or more:

(i)

an international restricted invitation to tender within the meaning of Article 104(1)(b) of the Financial Regulation and Article 264(2)(a) of this Regulation;

(ii)

an international open invitation to tender within the meaning of Article 104(1)(a) of the Financial Regulation and Article 264(2)(a) of this Regulation.

(b) for contracts with a value of less than EUR 300 000 : competitive negotiated procedure within the meaning of paragraph 3 of this Article.

(c) Contracts with a value of less than or equal to EUR 20 000 may be awarded on the basis of a single tender.

(d) Payments for amounts less than or equal to EUR 2 500 in respect of item of expenditure may consist simply in payment against invoices without prior acceptance of a tender.

2. In the international restricted procedure referred to in point (a) of paragraph 1, the contract notice shall state the number of candidates who will be invited to submit tenders. For service contracts at least four candidates shall be invited. The number of candidates allowed to submit tenders must be sufficient to ensure genuine competition.

The list of selected candidates shall be published on the Commission's internet site.

If the number of candidates satisfying the selection criteria or the minimum capacity levels is less than the minimum number, the contracting authority may invite to submit a tender only those candidates who satisfy the criteria to submit a tender.

3. Under the competitive negotiated procedure referred to in point (b) of paragraph 1, the contracting authority shall draw up a list of at least three tenderers of its choice, without publication of a notice.

Tenderers for the competitive negotiated procedure may be chosen from a list of vendors as referred to in Article 136(1)(b) advertised by a call for expressions of interest.

If following consultation of the tenderers, the contracting authority receives only one tender that is administrative and technically valid, the contract may be awarded provided that the award criteria are met.

4. For legal services not covered under point (h) of Article 134(1), the contracting authorities may use the competitive negotiated procedure, regardless of the estimated value of the contract.

Article 266 U.K. Use of the negotiated procedure for service, supply and works contracts (Article 190 of the Financial Regulation)

1. Contracting authorities may use the negotiated procedure with a single tender in the following cases:

(a) where the services are entrusted to public-sector bodies or to non-profit institutions or associations and relate to activities of an institutional nature or designed to provide assistance to peoples in the social field;

(b) where the tender procedure has been unsuccessful, that is to say, where no qualitatively and/or financially worthwhile tender has been received, in which case, after cancelling the tender procedure, the contracting authority may negotiate with one or more tenderers of its choice, from among those that took part in the invitation to tender, provided that the procurement documents are not substantially altered;

(c) where a new contract has to be concluded after early termination of an existing contract.

2. For the purposes of point (c) of Article 134(1), operations carried out in crisis situations as referred to in Article 190(2) shall be deemed to satisfy the test of extreme urgency. The authorising officer by delegation, where appropriate in concertation with the other authorising officers by delegation concerned, shall establish that a situation of extreme urgency exists and shall review his decision regularly with regard to the principle of sound financial management.

3. Activities of an institutional nature referred to in point (a) of the paragraph 1 include services directly linked to the statutory mission of the public sector bodies.

Article 267 U.K. Thresholds and procedures for awarding supply contracts (Article 190 of the Financial Regulation)

1. The thresholds and procedures referred to in Article 190 of the Financial Regulation shall be as follows for supply contracts:

(a) for contracts with a value of EUR 300 000 or more: an international open invitation to tender within the meaning of Article 104(1)(a) of the Financial Regulation and Article 264(2)(a) of this Regulation;

(b) for contracts with a value of less than EUR 300 000 :

(i)

for contracts of a value of EUR 100 000 or more but less than EUR 300 000 : local open invitation to tender within the meaning of Article 104(1)(a) of the Financial Regulation and Article 264(2)(b) of this Regulation;

(ii)

for contracts with a value of less than EUR 100 000 : competitive negotiated procedure within the meaning of paragraph 2.

(c) payments for amounts less than or equal to EUR 2 500 in respect of item of expenditure may consist simply in payment against invoices without prior acceptance of a tender.

(d) Contracts with a value of less than or equal to EUR 20 000 may be awarded on the basis of a single tender.

2. Under the competitive negotiated procedure referred to in point (ii) of point (b) of paragraph 1, the contracting authority shall draw up a list of at least three suppliers of its choice, without publication of a notice.

If following the consultation of the suppliers, the contracting authority receives only one tender that is administrative and technically valid, the contract may be awarded provided that the award criteria are met.

Article 269 U.K. Thresholds and procedures for awarding works contracts and concessions (Article 190 of the Financial Regulation)

1. The thresholds and procedures referred to in Article 190 of the Financial Regulation shall be as follows for works contracts and works concession contracts:

(a) for contracts with a value of EUR 5 000 000 or more any of the following:

(i)

an international open invitation to tender within the meaning of Article 104(1)(a) of the Financial Regulation and Article 264(2)(a) of this Regulation;

(ii)

in view of the characteristics of certain works, an international restricted invitation to tender within the meaning of Article 104(1)(b) of the Financial Regulation and Article 264(2)(a) of this Regulation;

(b) for contracts with a value of EUR 300 000 or more but less than EUR 5 000 000 : a local open invitation to tender within the meaning of Article 104(1)(a) of the Financial Regulation and Article 264(2)(b) of this Regulation;

(c) for contracts with a value of less than EUR 300 000 : a competitive negotiated procedure within the meaning of paragraph 2 of this Article;

(d) Contracts with a value of less than or equal to EUR 20 000 may be awarded on the basis of a single tender.

(e) Payments for amounts less than or equal to EUR 2 500 in respect of item of expenditure may consist simply in payment against invoices without prior acceptance of a tender.

2. Under the competitive negotiated procedure referred to in point (c) of paragraph 1 of this Article, the contracting authority shall draw up a list of at least three contractors of its choice, without publication of a notice.

If following the consultation of the contractors, the contracting authority receives only one tender that is administrative and technically valid, the contract may be awarded provided that the award criteria are met.

Article 273 U.K. Tender specifications (Article 190 of the Financial Regulation)

By derogation to Article 138(3), for all procedures involving a request to participate, the tender specifications may be split according to the two stages of the procedure and the first step may contain only the information referred to in points (a) and (f) of Article 138(3).

Article 274 U.K. Guarantees (Article 190 of the Financial Regulation)

1. By derogation from Article 163, guarantees shall be denominated in euro or in the currency of the contract they cover.

2. The contracting authority may request a tender guarantee in accordance with Article 156. By derogation from Article 156(2), the contracting authority shall release the tender guarantee when the contract is signed.

3. By derogation from Article 165(1), a performance guarantee shall be required where the following thresholds are exceeded:

(a) EUR 345 000 for works contracts,

(b) EUR 150 000 for supply contracts.

4. The contracting authority may require a retention money guarantee in accordance with Article 165a.

Article 275 U.K. Time limits for procedures (Article 190 of the Financial Regulation)

1. Tenders must reach the contracting authority at the address and by no later than the date and time shown in the invitation to tender. The time limit for receipt of tenders and requests to participate, laid down by the contracting authorities, shall be long enough to allow interested parties a reasonable and appropriate period to prepare and submit their tenders.

For service contracts, the minimum time between the date of dispatch of the letter of invitation to tender and the final date for receipt of tenders shall be 50 days. However, in certain exceptional cases other time limits may be authorised.

2. Tenderers may put questions in writing before the closing date for receipt of tenders. The contracting authority shall provide the answers to the questions before the closing date for receipt of tenders.

3. In international restricted procedures, the time limit for receipt of requests to participate shall be no less than 30 days from the date on which the contract notice is published. The period between the date on which the letter of invitation is sent and the final date for the receipt of tenders shall be no less than 50 days. However, in certain exceptional cases other time limits may be authorised.

4. In international open procedures, the time limits for receipt of tenders, running from the date on which the contract notice is sent, shall be at least:

(a) 90 days for works contracts;

(b) 60 days for supply contracts.

However, in certain exceptional cases other time limits may be authorised.

5. In local open procedures, the time limits for receipt of tenders, running from the date when the contract notice is published, shall be at least:

(a) 60 days for works contracts;

(b) 30 days for supply contracts.

However, in certain exceptional cases other time limits may be authorised.

6. For the competitive negotiated procedures referred to in Articles 265(1)(b), 267(1)(b)(ii) and 269(1)(c), candidates shall be allowed at least 30 days from the date of dispatch of the letter of invitation to tender in which to submit their tenders.

Article 276 U.K. Evaluation committee (Article 190 of the Financial Regulation)

1. All requests to participate and tenders declared as satisfying the requirements shall be evaluated and ranked by an evaluation committee on the basis of the exclusion, selection and award criteria announced in advance. This committee shall have an odd number of members, at least three, with all the necessary technical and administrative expertise to assess the tenders. The members of the evaluation committee shall sign a declaration of impartiality and absence of conflict of interest.

2. If the Commission is not the contracting authority, it may request to receive a copy of procurement documents, tenders, the evaluation of the tenders and the signed contracts. It may also participate as an observer to the opening and evaluation of tenders.

3. Tenders which do not contain all the essential items demanded in the procurement documents or which do not correspond to the specific requirements laid down shall be eliminated.

However, the evaluation committee or the contracting authority may ask candidates or tenderers to supply additional material or to clarify the supporting documents submitted in connection with the exclusion, selection and award criteria, within the time limit they specify and having respect to the principle of equal treatment.

4. In the case of abnormally low tenders as referred to in Article 151, the committee shall ask for the necessary clarifications concerning the composition of the tender.

5. The obligation to establish an evaluation committee may be waived for procedures with a value less than or equal to EUR 20 000 and on the basis of a risk analysis when reopening competition within a framework contract and in the case of negotiated procedures referred to in points (c), (e), (f)(i), (f)(iii) and (h) of Article 134(1).]

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.