Contract Award Procedures July 2005

Services Supplies Works WHAT: the provision of services e.g. technical assistance, studies, training or designs WHO: Contracting Authority & Consultant Supplies WHAT: the purchase, leasing, rental or hire purchase of products including their design, manufacture, delivery, assembly or commissioning of goods together with any related tasks e.g. sitting, installation, maintenance, repairs, training and after-sales service WHO: Contracting Authority & Supplier Works WHAT: the execution of works, or both design and execution of works - a work is the outcome of building or civil engineering works. WHO: - Contracting Authority & Contractor - Contracting Authority & Supervising Engineer (separate services contract)

Contract Award Procedures Services budget  €5,000 Single Tender €5,000 < budget < €200,000 1 Framework Contracts 2 Competitive Negotiated Procedure €200,000  budget International Restricted Tender Procedure Supplies €5,000 < budget < €30,000 Competitive Negotiated Procedure €30,000  budget < €150,000 Local Open Tender Procedure €150,000  budget International Open Tender Procedure Works €5,000 < budget < €300,000 €300,000  budget < €5,000,000 Local Open Tender Procedure €5,000,000  budget International Restricted Tender Procedure (exceptional cases)

Award criteria – Supplies contracts without ancillary services Sole criterion: price Tenders are firstly checked for administrative compliance and non-compliant tenders are eliminated Out of the compliant tenders, the contract is awarded to the least expensive tender In case of budget exceeding, the tender procedure is declared unsuccessful and cancelled and the Contracting Authority will negotiate with one or more Tenderers from among those that submitted offers

Award criteria – Supplies contracts with ancillary services In case of ancillary services, e.g. after-sales services, training – the technical evaluation must consider their quality on a Yes/No basis and select the compliant offers. After also assessing compliance with requirements for ancillary services, out of the compliant tenders, the contract is awarded to the least expensive tender. Same procedure in case of budget exceeding shall apply.

Award criteria – Particularly complex Supplies In case of particularly complex contracts, it may be suitable to use a combination of quality and price for assessing/ awarding the most economically advantageous tender. Evaluation criteria/ grids are to be carefully prepared for reflecting this combination. In such cases, the EC must give its prior approval (Ex-Ante), or the Contracting Authority must notify the EC and record the justifications for this in the Evaluation Report (Ex-Post).