Public Procurement of Entities operating in the Water, Energy, Transport and Postal Services Sectors Regulations, regulation by regulation.

Interpretation and Scope

• 2Definitions
• 3Scope

Applicability

• 4Applicability
• 5Transitory provision
• 6Common provisions
• 7Gas and Heat
• 8Electricity
• 9Water
• 10Transport services
• 11Ports and airports
• 12Postal services
• 13Extraction of oil and gas exploration or extraction of coal or other solid fuels
• 14Tenders comprising products originating in third countries
• 15Contracts awarded for purposes of resale or lease to third parties
• 16Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country
• 17Contracts awarded and design contests organised pursuant to international rules
• 18Specific exclusions for service contracts
• 19Service contracts awarded on the basis of an exclusive right
• 20Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy
• 21Defence and security
• 22Contracts declared to be secret
• 23Contracts and design contests involving defence or security aspects awarded or organised pursuant to international rules
• 24Activities directly exposed to competition
• 25Procedure for establishing whether regulation 24 is applicable
• 26Modification of request
• 27Further requests before the expiry of the period opened for the first request
• 28Implementing acts
• 29Contracts between contracting authorities
• 30Administration of the process

Affiliated Undertakings

• 31Contracts awarded to affiliated undertaking
• 32Joint ventures

The Office of the Director of Contracts

• 33Applicability of the Public Procurement Regulations
• 34Procurement procedure carried out by the Director on behalf of a contracting authority

The Contracting Authority

• 35Duties of a contracting authority
• 36Appointment of an Evaluation Committee
• 37Penalties

Centralised purchasing activities and joint procurement

• 38Centralised purchasing bodies
• 39Centralised purchasing activities and central purchasing bodies
• 40Obligations
• 41Occasional joint procurement
• 42Procurement involving contracting entities from different Member States

Mixed Procurement

• 43Mixed procurement covering the same activity
• 44Procurement covering several activities
• 45Mixed procurement covering the same activity and involving defence or security aspects
• 46Procurement covering several activities and involving defence or security aspects

Contract Value

• 47Methods for calculating the estimated value of a contract
• 48Estimated value of framework agreements and dynamic purchasing systems
• 49Value of innovation partnerships
• 50Value of public works
• 51Similar supplies
• 52Waiver from application of regulation 50(2) and (3)
• 53Renewal of supply or service contracts
• 54Value of leasing products, hire, rental or hire purchase
• 55Calculation of the estimated contract value of the service contracts

Contracts into Lots

• 56Division of contracts into lots
• 57Information on whether tenders may be submitted for one or several lots
• 58Right to limit the number of lots to be awarded to one tenderer
• 59Award contracts combining several or all lots

Principles underlying the Procurement Process

• 60Clarity of the procurement documents
• 61Equal treatment, transparency and proportionality
• 62Confidentiality

Publication

• 63Periodic indicative notice
• 64Contract notices
• 65Contract award notices
• 66Form and manner of publication of notices
• 67Publication at national level
• 68Contest notice
• 69Preliminary market consultations

Communications

• 70Rules applicable to communication
• 71Communication of technical specifications
• 72Electronic availability of procurement documents
• 73Invitations to candidates
• 74Electronic catalogues

Time Limits and Technical Specifications

• 75Setting time limits
• 76Technical specifications
• 77Labels
• 78Test reports, certification and other means of proof

The Tenderer

• 79Types of tenderers
• 80Economic operators established in another Member State
• 81Groups of economic operators
• 82Prior involvement of candidates or tenderers
• 83Subcontracting

The Chosen Bid

• 84Rules applicable to the selection of applicants
• 85Valid bid

• 86Applicability of the Public Procurement Regulations

• 87Applicability of the Public Procurement Regulations
• 88Departmental call for tenders

• 89Various methods of procurement
• 90Open procedure
• 91Time limit for the receipt of tenders for a call for competition
• 92Examination of tenders in open procedures

Restricted Procedure

• 93Request to participate in restricted procedures
• 94Time limit for the receipt of requests
• 95Eligible economic operators
• 96Time limit for the receipt of tenders
• 97Negotiated procedure with prior call for competition
• 98Submission by the bidder
• 99Time limits of requests to participate
• 100Participation
• 101Time limits for the call for tenders
• 102Innovation partnership
• 103Request to participate
• 104Content of the procurement document
• 105Number of partners
• 106Time limit for receipt of requests
• 107Aim
• 108Structure
• 109Termination
• 110Negotiation
• 111Selection
• 112Intellectual property rights
• 113Execution
• 114Competitive dialogue
• 115Request to participate
• 116Time limit
• 117Participation
• 118Needs and requirements of the contracting authority
• 119Dialogue
• 120Clarification, specification, etc
• 121Assessment
• 122Negotiations
• 123Prizes or payments

Negotiated procedure without prior publication

• 124Use of the negotiated procedure without prior publication
• 125Public works contracts
• 126Public service contracts
• 127Public supply contracts
• 128Tender considered not to be suitable

Design Contests

• 129Applicability
• 130Rules on the organisation of design contests and the selection of participants
• 131Composition of the jury
• 132Decisions of the jury

Reserved Contracts and Contracts For Social and Other Specific Services

• 133Reserved contracts
• 134Contracts for social and other specific services
• 135Publication of notices
• 136Contract award notice
• 137Contents and publication of notices
• 138Principles for awarding contracts
• 139Requirements of contracting entity
• 140Reserved contracts for certain services
• 141Duration of reserved contracts
• 142Duty to refer to this Part

• 143Framework agreements
• 144Duration
• 145Award on objective rules and criteria
• 146Use of framework agreements
• 147Dynamic purchasing systems
• 148Applicable rules
• 149Communication
• 150Obligations of the contracting authorities
• 151Updated self-declarations
• 152Period of validity
• 153Charges
• 154Electronic auctions
• 155Structure
• 156Use of electronic auction in other modes of procurement
• 157Basis of electronic auction
• 158Disclosure
• 159Initial evaluation
• 160Admissibility of tenders
• 161Invitation of admissible tenders
• 162Communication
• 163Closing

• 164Applicability of the Public Procurement Regulations

• 165Criteria for qualitative selection
• 166Applicability of regulations 217 to 213 of the Public Procurement Regulations
• 167Quality assurance standards and environmental management standards
• 168Reliance on the capacities of other entities
• 169System of qualification for economic operators

Award of Contract

• 170Contract award criteria
• 171Life-cycle costing
• 172Individual reports on procedures for the award of contracts
• 173Informing applicants for qualification, candidates and tenderers

Abnormally Low Tenders and Variant Solutions

• 174Abnormally low tenders
• 175Variants

• 176Conditions for performance of contracts
• 177Modifications
• 178Approval by Director
• 179Procedure for the approval of modifications and appeals
• 180Termination of contracts

• 181Remedies