DECISION (EU) 2016/245 OF THE EUROPEAN CENTRAL BANK
of 9 February 2016
laying down the rules on procurement (ECB/2016/2)
(recast)
CHAPTER I
GENERAL RULES
Article 1
Definitions
Article 2
Scope
Article 3
General principles
Article 4
Contract value thresholds
Article 5
Calculation of the estimated value of a contract
Article 6
Exceptions
Article 7
Duration and extension of contracts
Article 8
Additional products, services and works
CHAPTER II
PUBLIC TENDER PROCEDURES
Article 9
Overview
SECTION 1
Types of procedure and conduct of the procedure
Article 10
Open procedure
Article 11
Restricted procedure
Article 12
Negotiated procedure
Article 13
Competitive dialogue
Article 14
Innovation partnership
SECTION 2
Electronic procurement
Article 15
Electronic tender procedures
Article 16
Electronic auctions
Article 17
Electronic catalogues
SECTION 3
Special rules for certain types of contracts
Article 18
Framework agreements
Article 19
Dynamic purchasing systems
Article 20
Concession contracts
SECTION 4
Launching the procurement procedure
Article 21
Publication of procurement opportunities
Article 22
Call for expression of interest
Article 23
Time limits for receipt of applications and tenders
Article 24
Invitation to tender
Article 25
Specifications
SECTION 5
Information exchange
Article 26
Communication with candidates and tenderers
Article 27
Requests for additional documentation and clarification
Article 28
Rectification of procurement documents
SECTION 6
Evaluation
Article 29
General principles
Article 30
Eligibility of candidates and tenderers
Article 31
Selection criteria
Article 32
Award criteria
Article 33
Abnormally low tenders
SECTION 7
Communication of the outcome
Article 34
Notification of selection and award decisions
CHAPTER III
PROCUREMENT PROCEDURE FOR CONTRACTS BELOW THE THRESHOLDS AND SERVICE CONTRACTS REFERRED TO IN ARTICLE 6(2)
Article 35
Conduct of the procedure
Article 36
Notification of award decision and list of contractors
Article 37
Direct award
CHAPTER IV
FINAL PROVISIONS
Article 38
Cancellation of tender procedures
Article 39
Appeal procedure
Article 40
Jurisdiction
Article 41
Entry into force
ANNEX I
SERVICES SUBJECT TO ARTICLE 6(2)
CPV Code |
Description |
75200000-8; 75231200-6; 75231240-8; 79611000-0; 79622000-0 [Supply services of domestic help personnel]; 79624000-4 [Supply services of nursing personnel] and 79625000-1 [Supply services of medical personnel] from 85000000-9 to 85323000-9; 98133100-5, 98133000-4; 98200000-5; 98500000-8 [Private households with employed persons] and 98513000-2 to 98514000-9 [Manpower services for households, Agency staff services for households, Clerical staff services for households, Temporary staff for households, Home-help services and Domestic services] |
Health, social and related services |
85321000-5 and 85322000-2, 75000000-6 [Administration, defence and social security services], 75121000-0, 75122000-7, 75124000-1; from 79995000-5 to 79995200-7; from 80000000-4 Education and training services to 80660000-8; from 92000000-1 to 92700000-8 79950000-8 [Exhibition, fair and congress organisation services], 79951000-5 [Seminar organisation services], 79952000-2 [Event services], 79952100-3 [Cultural event organisation services], 79953000-9 [Festival organisation services], 79954000-6 [Party organisation services], 79955000-3 [Fashion shows organisation services], 79956000-0 [Fair and exhibition organisation services] |
Administrative social, educational, healthcare and cultural services |
75300000-9 |
Compulsory social security services |
75310000-2, 75311000-9, 75312000-6, 75313000-3, 75313100-4, 75314000-0, 75320000-5, 75330000-8, 75340000-1 |
Benefit services |
98000000-3; 98120000-0; 98132000-7; 98133110-8 and 98130000-3 |
Other community, social and personal services including services furnished by trade unions, political organisations, youth associations and other membership organisation services. |
98131000-0 |
Religious services |
55100000-1 to 55410000-7; 55521000-8 to 55521200-0 [55521000-8 Catering services for private households, 55521100-9 Meals-on-wheels services, 55521200-0 Meal delivery service] 55520000-1 Catering services, 55522000-5 Catering services for transport enterprises, 55523000-2 Catering services for other enterprises or other institutions, 55524000-9 School catering services 55510000-8 Canteen services, 55511000-5 Canteen and other restricted-clientele cafeteria services, 55512000-2 Canteen management services, 55523100-3 School-meal services |
Hotel and restaurant services |
79100000-5 to 79140000-7; 75231100-5; |
Legal services, to the extent not excluded pursuant to Article 2(3)(j) |
75100000-7 to 75120000-3; 75123000-4; 75125000-8 to 75131000-3 |
Other administrative services and government services |
75200000-8 to 75231000-4 |
Provision of services to the community |
75231210-9 to 75231230-5; 75240000-0 to 75252000-7; 794300000-7; 98113100-9 |
Prison related services, public security and rescue services |
79700000-1 to 79721000-4 [Investigation and security services, Security services, Alarm-monitoring services, Guard services, Surveillance services, Tracing system services, Absconder-tracing services, Patrol services, Identification badge release services, Investigation services and Detective agency services] 79722000-1 [Graphology services], 79723000-8 [Waste analysis services] |
Investigation and security services |
98900000-2 [Services provided by extra-territorial organisations and bodies] and 98910000-5 [Services specific to international organisations and bodies] |
International services |
64000000-6 [Postal and telecommunications services], 64100000-7 [Post and courier services], 64110000-0 [Postal services], 64111000-7 [Postal services related to newspapers and periodicals], 64112000-4 [Postal services related to letters], 64113000-1 [Postal services related to parcels], 64114000-8 [Post office counter services], 64115000-5 [Mailbox rental], 64116000-2 [Post-restante services], 64122000-7 [Internal office mail and messenger services] |
Postal services |
50116510-9 [Tyre-remoulding services], 71550000-8 [Blacksmith services] |
Miscellaneous services |
ANNEX II
CORRELATION TABLE
Decision ECB/2007/5 |
This Decision |
Article 1 |
Article 1 |
Article 2 |
Article 2 |
Article 3 |
Article 3 |
Article 4 |
Article 4 |
Article 5 |
Article 5 |
Article 6 |
Article 6 |
Article 7 |
Article 7 |
Article 8 |
Article 8 |
Article 9 |
Article 9 |
Article 10 |
Article 21 |
Article 11 |
Article 10 |
Article 12 |
Article 11 |
Article 13 |
Article 12 |
Article 14 |
Article 13 |
Article 15 |
Article 18 |
Article 16 |
Article 19 |
Article 16a |
Article 22 |
Article 17 |
Article 16 |
Article 18 |
Article 23 |
Article 19(3) |
Article 15 |
Article 19(1), (2), (4) and (5) |
Article 26 |
Article 20 |
Article 27 |
Article 21 |
Article 28 |
Article 22 |
Article 24 |
Article 23 |
Article 29 |
Article 24 |
Article 30 |
Article 25 |
Article 31 |
Article 26 |
Article 32 |
Article 27 |
Article 33 |
Article 28 |
Article 34 |
Article 29 |
Article 35 |
Article 30 |
Article 36 |
Article 31 |
Article 37 |
Article 32 |
Article 38 |
Article 33 |
Article 39 |
Article 34 |
Article 40 |
Article 35 |
Article 41 |