Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014
On procurement by entities operating in the water, energy, transport and postal services sectors
and repealing Directive 2004/17/EC (Text with EEA relevance)- Recitals
TITLE I — SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
CHAPTER I — Subject-matter and definitions
CHAPTER II — Activities
CHAPTER III — Material scope
Section 1 — Thresholds
Section 2 — Excluded contracts and design contests; special provisions for procurement involving defence and security aspects
Subsection 1 — Exclusions applicable to all contracting entities and special exclusions for the water and energy sectors
- Article 18 — Contracts awarded for purposes of resale or lease to third parties
- Article 19 — Contracts 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
- Article 20 — Contracts awarded and design contests organised pursuant to international rules
- Article 21 — Specific exclusions for service contracts
- Article 22 — Service contracts awarded on the basis of an exclusive right
- Article 23 — Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy
Subsection 2 — Procurement involving defence and security aspects
- Article 24 — Defence and security
- Article 25 — Mixed procurement covering the same activity and involving defence or security aspects
- Article 26 — Procurement covering several activities and involving defence or security aspects
- Article 27 — Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
Subsection 3 — Special relations (cooperation, affiliated undertakings and joint ventures)
Subsection 4 — Specific situations
Subsection 5 — Activities directly exposed to competition and procedural provisions relating thereto
CHAPTER IV — General principles
TITLE II — RULES APPLICABLE TO CONTRACTS
CHAPTER I — Procedures
- Article 43 — Conditions relating to the GPA and other international agreements
- Article 44 — Choice of procedures
- Article 45 — Open procedure
- Article 46 — Restricted procedure
- Article 47 — Negotiated procedure with prior call for competition
- Article 48 — Competitive dialogue
- Article 49 — Innovation partnership
- Article 50 — Use of the negotiated procedure without prior call for competition
CHAPTER II — Techniques and instruments for electronic and aggregated procurement
- Article 51 — Framework agreements
- Article 52 — Dynamic purchasing systems
- Article 53 — Electronic auctions
- Article 54 — Electronic catalogues
- Article 55 — Centralised purchasing activities and central purchasing bodies
- Article 56 — Occasional joint procurement
- Article 57 — Procurement involving contracting entities from different Member States
CHAPTER III — Conduct of the procedure
Section 1 — Preparation
- Article 58 — Preliminary market consultations
- Article 59 — Prior involvement of candidates or tenderers
- Article 60 — Technical specifications
- Article 61 — Labels
- Article 62 — Test reports, certification and other means of proof
- Article 63 — Communication of technical specifications
- Article 64 — Variants
- Article 65 — Division of contracts into lots
- Article 66 — Setting time limits
Section 2 — Publication and Transparency
- Article 67 — Periodic indicative notices
- Article 68 — Notices on the existence of a qualification system
- Article 69 — Contract notices
- Article 70 — Contract award notices
- Article 71 — Form and manner of publication of notices
- Article 72 — Publication at national level
- Article 73 — Electronic availability of procurement documents
- Article 74 — Invitations to candidates
- Article 75 — Informing applicants for qualification, candidates and tenderers
Section 3 — Choice of participants and award of contracts
Subsection 1 — Qualification and qualitative selection
- Article 77 — Qualification systems
- Article 78 — Criteria for qualitative selection
- Article 79 — Reliance on the capacities of other entities
- Article 80 — Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU
- Article 81 — Quality assurance standards and environmental management standards
Subsection 2 — Award of the contract
Section 4 — Tenders comprising products originating in third countries and relations with those countries
CHAPTER IV — Contract performance
TITLE III — PARTICULAR PROCUREMENT REGIMES
TITLE IV — GOVERNANCE
TITLE V — DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS
- ANNEX I — LIST OF ACTIVITIES AS SET OUT IN POINT (A) OF POINT 2 OF ARTICLE 2
- ANNEX II — LIST OF UNION LEGAL ACTS REFERRED TO IN ARTICLE 4(3)
- ANNEX III — LIST OF UNION LEGAL ACTS REFERRED TO IN ARTICLE 34(3)
- ANNEX IV — DEADLINES FOR THE ADOPTION OF THE IMPLEMENTING ACTS REFERRED TO IN ARTICLE 35
- ANNEX V — REQUIREMENTS RELATING TO TOOLS AND DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS TO PARTICIPATE, APPLICATIONS FOR QUALIFICATION AS WELL AS PLANS AND PROJECTS IN CONTESTS
- ANNEX VI — PART A
- ANNEX VII — INFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS (ARTICLE 53(4))
- ANNEX VIII — DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS
- ANNEX IX — FEATURES CONCERNING PUBLICATION
- ANNEX X — INFORMATION TO BE INCLUDED IN THE NOTICE ON THE EXISTENCE OF A QUALIFICATION SYSTEM
- ANNEX XI — INFORMATION TO BE INCLUDED IN CONTRACT NOTICES
- ANNEX XII — INFORMATION TO BE INCLUDED IN THE CONTRACT AWARD NOTICE
- ANNEX XIII — CONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, PARTICIPATE IN THE DIALOGUE, TO NEGOTIATE OR TO CONFIRM INTEREST PROVIDED FOR UNDER ARTICLE 74
- ANNEX XIV — LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 36(2)
- ANNEX XV — LIST OF UNION LEGAL ACTS REFERRED TO IN ARTICLE 83(3)
- ANNEX XVI — INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONTRACT DURING ITS TERM
- ANNEX XVII
- ANNEX XVIII — INFORMATION TO BE INCLUDED IN NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES
- ANNEX XIX — INFORMATION TO BE INCLUDED IN THE DESIGN CONTEST NOTICE
- ANNEX XX — INFORMATION TO BE INCLUDED IN THE RESULTS OF DESIGN CONTEST NOTICES
- ANNEX XXI