Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the CouncilShow full title

CHAPTER 3 U.K. Procurement in the field of external actions

36. Special provisions relating to thresholds and the arrangements for awarding contracts in the field of external actions U.K.

Point 2, with the exception of point 2.5, points 3, 4 and 6, point (a) and points (c) to (f) of point 12.1, point 12.4, point 13.3, points 14 and 15, points 17.3 to 17.7, points 20.4 and 23.3, point 24, points 25.2 and 25.3, points 26, 28, and 29, with the exception of point 29.3, shall not apply to public contracts concluded by the contracting authorities referred to in Article 178(2) or on their behalf. Points 32, 33 and 34 shall not apply to procurement in the field of external actions. Point 35 shall apply to procurement in the field of external actions. For the purposes of the second subparagraph of point 35.1, the duration of the standstill period shall be the one set out in Article 178(1).

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

37. Advertising U.K.

37.1. If applicable, the prior information notice for calls for tender following the restricted procedure or the open procedure as referred to, respectively, in points (a) and (b) of point 38.1, shall be sent to the Publications Office by electronic means as early as possible. U.K.

37.2. The 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 beneficiary country so requires, and where the publication of the award notice is deemed not to be appropriate. U.K.

38. Thresholds and procedures U.K.

38.1. The procurement procedures in the field of external actions shall be as follows: U.K.

(a)

the restricted procedure as provided for in point (b) of Article 164(1);

(b)

the open procedure as provided for in point (a) of Article 164(1);

(c)

the local open procedure;

(d)

the simplified procedure;

38.2. The use of procurement procedures according to thresholds shall be as follows: U.K.

(a)

the open or restricted procedure may be used for:

(i)

service and supply contracts and service concession contracts with a value of at least EUR 300 000;

(ii)

works contracts and works concessions contracts with a value of at least EUR 5 000 000;

(b)

the local open procedure may be used for:

(i)

supply contracts with a value of at least EUR 100 000 and less than EUR 300 000;

(ii)

works contracts and works concessions contracts with a value of at least EUR 300 000 and less than EUR 5 000 000;

(c)

the simplified procedure may be used for:

(i)

service contracts, service concession contracts, works contracts and works concessions contracts with a value of less than EUR 300 000;

(ii)

supply contracts with a value of less than EUR 100 000;

(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 of amounts less than or equal to EUR 2 500 in respect of items of expenditure may be carried out simply as payment against invoices, without prior acceptance of a tender.

38.3. In the restricted procedure referred to in point (a) of point 38.1, 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 shall be sufficient to ensure genuine competition. U.K.

The list of selected candidates shall be published on the Commission’s website.

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.

38.4. Under the local open procedure referred to in point (c) of point 38.1, the contract notice shall be published at least in the official gazette of the recipient State or in any equivalent publication for local invitations to tender. U.K.

38.5. Under the simplified procedure referred to in point (d) of point 38.1, the contracting authority shall draw up a list of at least three tenderers of its choice, without publication of a notice. U.K.

Tenderers for the simplified procedure may be chosen from a list of vendors as referred to in point (b) of point 13.1 advertised by a call for expression of interest.

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

38.6. For legal services not covered in point (h) of the second subparagraph of point 11.1, the contracting authorities may use the simplified procedure, whatever is the estimated value of the contract. U.K.

39. Use of the negotiated procedure for service, supply and works contracts U.K.

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

(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 are designed to provide assistance to people 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.

39.2. For the purposes of point (c) of the second subparagraph of point 11.1, operations carried out in a crisis shall be considered 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 or her decision regularly having regard to the principle of sound financial management. U.K.

39.3. Activities of an institutional nature referred to in point (a) of point 39.1 shall include services directly linked to the statutory mission of the public sector bodies. U.K.

40. Tender specifications U.K.

By way of derogation from point 16.3, 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 stage may contain only the information referred to in points (a) and (f) of point 16.3.

41. Time limits for procedures U.K.

41.1. For service contracts, the minimum time between the day following 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 urgent cases other time limits may be authorised. U.K.

41.2. 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. U.K.

41.3. In restricted procedures, the time limit for receipt of requests to participate shall be no less than 30 days from the date following that on which the contract notice is published. The period between the date following that 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. U.K.

41.4. In open procedures, the time limits for receipt of tenders, running from the date following that on which the contract notice is published, shall be at least: U.K.

(a)

90 days for works contracts;

(b)

60 days for supply contracts.

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

41.5. 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: U.K.

(a)

60 days for works contracts;

(b)

30 days for supply contracts.

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

41.6. For the simplified procedures referred to in point (d) of point 38.1, 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. U.K.