PART 2RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE
CHAPTER 2RULES ON PUBLIC CONTRACTS
SECTION 4Techniques and Instruments for Electronic and Aggregated Procurement
Centralised purchasing activities and central purchasing bodies37
1
Contracting authorities may acquire supplies or services, or both, from a central purchasing body offering the centralised purchasing activity referred to in paragraph (10)(a).
2
Contracting authorities may acquire works, supplies and services, or any one or more of them, by—
a
using contracts awarded by a central purchasing body;
b
using dynamic purchasing systems operated by a central purchasing body; or
c
to the extent set out in regulation 33(5), by using a framework agreement concluded by a central purchasing body offering the centralised purchasing activity referred to in paragraph (10)(b).
3
Where a dynamic purchasing system which is operated by a central purchasing body may be used by other contracting authorities, this shall be mentioned in the call for competition setting up that dynamic purchasing system.
4
A contracting authority fulfils its obligations under this Part when it acquires supplies or services from a central purchasing body offering the centralised purchasing activity referred to in paragraph (10)(a).
5
A contracting authority also fulfils its obligations under this Part where it acquires works, supplies or services by—
a
using contracts awarded by the central purchasing body;
b
using dynamic purchasing systems operated by the central purchasing body; or
c
to the extent set out in regulation 33(5), by using a framework agreement concluded by the central purchasing body offering the centralised purchasing activity referred to in paragraph (10)(b).
6
However, the contracting authority concerned shall be responsible for fulfilling the obligations imposed by this Part in respect of any parts of the procedure that it conducts itself, such as—
a
awarding a contract under a dynamic purchasing system which is operated by a central purchasing body;
b
conducting a reopening of competition under a framework agreement that has been concluded by a central purchasing body;
c
determining, under regulation 33(8)(a) or (b), which of the economic operators, party to the framework agreement, shall perform a given task under a framework agreement that has been concluded by a central purchasing body.
7
All procurement procedures conducted by a central purchasing body shall be performed using electronic means of communication, in accordance with the requirements set out in regulation 22.
8
Contracting authorities may, without applying the procedures provided for in this Part, award a public service contract for the provision of centralised purchasing activities to a central purchasing body.
9
Such public service contracts may also include the provision of ancillary purchasing activities.
10
In these Regulations, “centralised purchasing activities” means activities conducted on a permanent basis in one of the following forms:—
a
the acquisition of supplies or services, or both, intended for contracting authorities;
b
the award of public contracts or the conclusion of framework agreements for works, supplies or services intended for contracting authorities.