Commission Regulation (EC) No 1150/2009

of 10 November 2009

amending Regulation (EC) No 1564/2005 as regards the standard forms for the publication of notices in the framework of public procurement in accordance with Council Directives 89/665/EEC and 92/13/EEC

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts [1], and in particular Article 3a thereof,

Having regard to Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors [2], and in particular Article 3a thereof,

Having regard to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors [3], and in particular Article 44(1) thereof,

Having regard to Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts [4], and in particular Article 36(1) thereof,

After consulting the Advisory Committee for Public Contracts,

Whereas:

(1) Directives 89/665/EEC and 92/13/EEC as amended by Directive 2007/66/EC of the European Parliament and of the Council [5], allow Member States to provide for a reduction of the time limit for applying for ineffectiveness of a public contract where the contracting entity or contracting authority has published a contract award notice in accordance with Directive 2004/17/EC or Directive 2004/18/EC, respectively, without prior publication of a contract notice, provided that the contract award notice includes justification of the decision to award the contract without prior publication of a contract notice in the Official Journal of the European Union.

(2) The standard forms for contract award notices are set out in Annexes III and VI to Commission Regulation (EC) No 1564/2005 of 7 September 2005 establishing standard forms for the publication of notices in the framework of public procurement procedures pursuant to Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council [6]. In order to ensure the full effectiveness of Directives 89/665/EEC and 92/13/EEC as amended by Directive 2007/66/EC, the standard forms of those notices should be adapted so that contracting entities and contracting authorities could include the justification referred to in Article 2f of Directives 89/665/EEC and 92/13/EEC in those notices.

(3) Directives 89/665/EEC and 92/13/EEC provide for a notice for voluntary ex ante transparency to be used in order to ensure pre-contractual transparency on a voluntary basis. It is necessary to establish a standard form for that notice.

(4) Regulation (EC) No 1564/2005 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1564/2005 is amended as follows:

1. The title is replaced by the following:

"Commission Regulation (EC) No 1564/2005 of 7 September 2005 establishing standard forms for the publication of notices in the field of public procurement";

2. after the first citation, the following legal bases are inserted:

"Having regard to Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts [], and in particular Article 3a thereof,Having regard to Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors [], and in particular Article 3a thereof,

3. the following Article 2a is inserted:

"Article 2a

Contracting authorities and contracting entities shall, from the date of entry into force of the respective national measures transposing Directive 2007/66/EC of the European Parliament and of the Council [] and from 21 December 2009 at the latest, use, for the publication of the notice referred to in Article 3a of Directives 89/665/EEC and 92/13/EEC in the Official Journal of the European Union, the standard form set out in Annex XIV to this Regulation.

4. Annex III is replaced by the text set out in Annex I to this Regulation;

5. Annex VI is replaced by the text set out in Annex II to this Regulation;

6. The text set out in Annex III to this Regulation is added as Annex XIV.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 November 2009.

For the Commission

Charlie McCreevy

Member of the Commission

[1] OJ L 395, 30.12.1989, p. 33.

[2] OJ L 76, 23.3.1992, p. 14.

[3] OJ L 134, 30.4.2004, p. 1.

[4] OJ L 134, 30.4.2004, p. 114.

[5] OJ L 335, 20.12.2007, p. 31.

[6] OJ L 257, 1.10.2005, p. 1.

[] OJ L 395, 30.12.1989, p. 33.

[] OJ L 76, 23.3.1992, p. 14.";

[] OJ L 335, 20.12.2007, p. 31.";

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ANNEX I

EUROPEAN UNION

Publication of Supplement to the Official Journal of the European Union

2, rue Mercier, 2985 Luxembourg, LUXEMBOURG

Fax +352 2929-42670

E-mail: ojs@publications.europa.eu

Info & on-line forms: http://simap.europa.eu

CONTRACT AWARD NOTICE

SECTION I: CONTRACTING AUTHORITY

I.1) NAME, ADDRESSES AND CONTACT POINT(S)

Official name:

Postal address:

Town:

Postal code:

Country:

Contact point(s):

For the attention of:

Telephone:

E-mail (if applicable):

Fax:

Internet address(es) (if applicable)

General address of the contracting authority (URL):

Address of the buyer profile (URL):

I.2) TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES

Ministry or any other national or federal authority, including their regional or local subdivisions

National or federal agency/office

Regional or local authority

Regional or local agency/office

Body governed by public law

European institution/agency or international organisation

Other (please specify):

General public services

Defence

Public order and safety

Environment

Economic and financial affairs

Health

Housing and community amenities

Social protection

Recreation, culture and religion

Education

Other (please specify):

The contracting authority is purchasing on behalf of other contracting authorities

yes

no

1

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SECTION II: OBJECT OF THE CONTRACT

II.1) DESCRIPTION

II.1.1) Title attributed to the contract

II.1.2) Type of contract and location of works, place of delivery or of performance

(Choose one category only — works, supplies or services — which corresponds most to the specific object of your contract or purchase(s))

a) Works

b) Supplies

c) Services

Execution

Purchase

Service category

No

Design and execution

Lease

Realisation, by whatever means of work, corresponding to the requirements specified by the contracting authorities

Rental

In case of contract for service categories 17 to 27 (see Annex C), do you agree to the publication of this notice?

yes

no

Hire purchase

A combination of these

Main site or location of works, place of delivery or of performance

NUTS code

II.1.3) The notice involves (if applicable)

The conclusion of a framework agreement

Contract(s) based on a dynamic purchasing system (DPS)

II.1.4) Short description of the contract or purchase(s)

II.1.5) Common Procurement Vocabulary (CPV)

Main vocabulary

Supplementary vocabulary (if applicable)

Main object

…–

– –

Additional object(s)

…–

…–

…–

…–

– –

– –

– –

– –

II.1.6) Contract covered by the Government Procurement Agreement (GPA)

yes

no

2 Standard Form 3 – EN

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II.2) TOTAL FINAL VALUE OF CONTRACT(S)

II.2.1) Total final value of contract(s) (give figures only) (Please give only total final value, including all contracts, lots and options; for information about individual contracts, please fill section V. Award of contract)

Excluding VAT

Including VAT

VAT rate (%)

Value ,

Currency:

at

,

or

Lowest offer , and

at

,

highest offer ,

taken into consideration

Currency:

3

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SECTION IV: PROCEDURE

IV.1) TYPE OF PROCEDURE

IV.1.1) Type of procedure

Open

Negotiated with a call for competition

Restricted

Accelerated negotiated

Accelerated restricted

Negotiated without a call for competition

Competitive dialogue

Award of a contract without prior publication of a contract notice in the Official Journal of the European Union (in the cases listed in points k) and l) in Annex D)

Justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union: please complete Annex D

IV.2) AWARD CRITERIA

IV.2.1) Award criteria (please tick the relevant box)

Lowest price

or

The most economically advantageous tender in terms of

Criteria

Weighting

Criteria

Weighting

1.

6.

2.

7.

3.

8.

4.

9.

5.

10.

IV.2.2) An electronic auction has been used

yes

no

IV.3) ADMINISTRATIVE INFORMATION

IV.3.1) File reference number attributed by the contracting authority (if applicable)

IV.3.2) Previous publication(s) concerning the same contract

yes

no

If yes (please fill in the appropriate boxes):

Prior information notice

Notice on a buyer profile

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

Contract notice

Simplified contract notice (DPS)

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

Voluntary ex ante transparency notice

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

Other previous publications

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

4

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SECTION V: AWARD OF CONTRACT

CONTRACT NO

LOT NO

TITLE

V.1) DATE OF CONTRACT AWARD DECISION: // (dd/mm/yyyy)

V.2) NUMBER OF OFFERS RECEIVED:

V.3) NAME AND ADDRESS OF ECONOMIC OPERATOR IN FAVOUR OF WHOM A CONTRACT AWARD DECISION HAS BEEN TAKEN

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

V.4) INFORMATION ON VALUE OF CONTRACT (give figures only)

Excluding VAT

Including VAT

VAT rate (%)

Initial estimated total value of the contract (if applicable)

Value: ,

Currency:

at

,

Total final value of the contract

Value: ,

Currency:

at

,

or

Lowest offer , and

at

,

highest offer ,

taken into consideration

Currency:

If annual or monthly value (please give):

number of years or number of months

V.5) THE CONTRACT IS LIKELY TO BE SUBCONTRACTED (if applicable)

yes

no

If yes, value or proportion of the contract likely to be subcontracted to third parties (give figures only):

Value excluding VAT: ,

Not known

Currency:

Proportion: , (%)

Short description of the value/proportion of the contract to be subcontracted (if known)

… (Use this section as many times as needed) …

5

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SECTION VI: COMPLEMENTARY INFORMATION

VI.1) CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY COMMUNITY FUNDS

yes

no

If yes, reference to project(s) and/or programme(s):

VI.2) ADDITIONAL INFORMATION (if applicable)

VI.3) PROCEDURES FOR APPEAL

VI.3.1) Body responsible for appeal procedures

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

Body responsible for mediation procedures (if applicable)

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

VI.3.2) Lodging of appeals (please fill heading VI.3.2 or, if need be, heading VI.3.3)

Precise information on deadline(s) for lodging appeals:

VI.3.3) Service from which information about the lodging of appeals may be obtained

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

VI.4) DATE OF DISPATCH OF THIS NOTICE: // (dd/mm/yyyy)

6

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ANNEX C

SERVICE CATEGORIES REFERRED TO IN SECTION II: OBJECT OF THE CONTRACT

Category No 1

Subject

1

Maintenance and repair services

2

Land transport services 2, including armoured car services, and courier services, except transport of mail

3

Air transport services of passengers and freight, except transport of mail

4

Transport of mail by land 3 and by air

5

Telecommunications services

6

Financial services:

a) Insurances services

b) Banking and investment services 4

7

Computer and related services

8

Research and development services 5

9

Accounting, auditing and bookkeeping services

10

Market research and public opinion polling services

11

Management consulting services 6 and related services

12

Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services

13

Advertising services

14

Building-cleaning services and property management services

15

Publishing and printing services on a fee or contract basis

16

Sewage and refuse disposal services; sanitation and similar services

Category No 7

Subject

17

Hotel and restaurant services

18

Rail transport services

19

Water transport services

20

Supporting and auxiliary transport services

21

Legal services

22

Personnel placement and supply services 8

23

Investigation and security services, except armoured car services

24

Education and vocational education services

25

Health and social services

26

Recreational, cultural and sporting services 9

27

Other services

1 Service categories within the meaning of Article 20, Annex IIA to Directive 2004/18/EC.

2 Except for rail transport services covered by category 18.

3 Except for rail transport services covered by category 18.

4 Except financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, and central bank services.

Also excluded: services involving the acquisition or rental, by whatever financial procedures, of land, existing buildings, or other immovable property or concerning rights thereon; nevertheless, financial services supplied at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to this Directive.

5 Except research and development services other than those where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs on condition that the service provided is wholly remunerated by the contracting authority.

6 Except arbitration and conciliation services.

7 Services categories within the meaning of Article 21, Annex IIB to Directive 2004/18/EC.

8 Except employment contracts.

9 Except contracts for the acquisition, development, production or co-production of programme material by broadcasters and contracts for broadcasting time.

7

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ANNEX D

JUSTIFICATION FOR THE AWARD OF THE CONTRACT WITHOUT PRIOR PUBLICATION OF A CONTRACT NOTICE IN THE OFFICIAL JOURNAL OF THE EUROPEAN UNION

Please provide hereunder a justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union. This justification must be in accordance with the relevant Articles in Directive 2004/18/EC.

(In terms of Directive 89/665/EEC on Remedies, as amended by Directive 2007/66/EC, the time limit for application for review referred to in Article 2f(1)(a), first indent, can be reduced if the notice contains a justification of the contracting authority’s decision to award the contract without prior publication of a contract notice in the Official Journal of the European Union. In order to benefit from this reduced time limit, please tick the relevant box(es) and provide the additional information below).

Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Article 31 of Directive 2004/18/EC

a) No tenders or no suitable tenders in response to:

open procedure,

restricted procedure.

b) The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive (for supplies only).

c) The works/goods/services can be provided only by a particular tenderer for reasons that are:

technical,

artistic,

connected with the protection of exclusive rights.

d) Extreme urgency brought about by events unforeseeable by the contracting authority and in accordance with the strict conditions stated in the Directive.

e) Additional works/deliveries/services are ordered under the strict conditions stated in the Directive.

f) New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive.

g) Service contract awarded to the successful candidate or one of them after a design contest.

h) For supplies quoted and purchased on a commodity market.

i) For the purchase of supplies on particularly advantageous terms:

from a supplier which is definitely winding up its business activities,

from the receivers or liquidators of a bankruptcy, an arrangement with creditors or a similar procedure.

j) All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or inacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria.

Other justification for the award of the contract without prior publication of a contract notice in the OJEU

k) The contract has as its object services listed in Annex IIB to the Directive.

l) The contract falls outside the scope of application of the Directive.

8

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In order to benefit from the reduced time limit referred to above, in addition to the box(es) to be ticked above, please explain in a clear and comprehensive manner why the award of the contract without prior publication of a contract notice in the Official Journal of the European Union is lawful, by stating in any case the relevant facts and, as appropriate, the conclusions of law in accordance with the Articles in Directive 2004/18/EC (500 words maximum).

9

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ANNEX II

EUROPEAN UNION

Publication of Supplement to the Official Journal of the European Union

2, rue Mercier, 2985 Luxembourg, LUXEMBOURG

Fax +352 2929-42670

E-mail: ojs@publications.europa.eu

Info & on-line forms: http://simap.europa.eu

CONTRACT AWARD NOTICE – UTILITIES

SECTION I: CONTRACTING ENTITY

I.1) NAME, ADDRESSES AND CONTACT POINT(S)

Official name:

Postal address:

Town:

Postal code:

Country:

Contact point(s):

For the attention of:

Telephone:

E-mail (if applicable):

Fax:

Internet address(es) (if applicable)

General address of the contracting entity (URL):

Address of the buyer profile (URL):

I.2) MAIN ACTIVITY OR ACTIVITIES OF THE CONTRACTING ENTITY

Production, transport and distribution of gas and heat

Electricity

Exploration and extraction of gas and oil

Exploration and extraction of coal and other solid fuels

Water

Postal services

Railway services

Urban railway, tramway, trolleybus or bus services

Port-related activitiess

Airport-related activities

1

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SECTION II: OBJECT OF THE CONTRACT

II.1) DESCRIPTION

II.1.1) Title attributed to the contract

II.1.2) Type of contract and location of works, place of delivery or of performance

(Choose one category only — works, supplies or services — which corresponds most to the specific object of your contract or purchase(s))

(a) Works

(b) Supplies

(c) Services

Execution

Purchase

Service category:

No

Design and execution

Lease

Realisation, by whatever means of work, corresponding to the requirements specified by the contracting entities

Rental

In case of contract for service categories 17 to 27 (see Annex C), do you agree to the publication of this notice?

yes

no

Hire purchase

A combination of these

Main site or location of works, place of delivery or of performance

NUTS code

II.1.3) The notice involves (if applicable)

The conclusion of a framework agreement

Contract(s) based on a dynamic purchasing system

II.1.4) Short description of the contract or purchase(s)

II.1.5) Common Procurement Vocabulary (CPV)

Main vocabulary

Supplementary vocabulary (if applicable)

Main object

…–

– –

Additional object(s)

…–

…–

…–

…–

– –

– –

– –

– –

II.1.6) Contract covered by the Government Procurement Agreement (GPA)

yes

no

2

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II.2) TOTAL FINAL VALUE OF CONTRACT(S)

II.2.1) Total final value of contract(s) (give figures only) (Please give only total final value, including all contracts, lots and options; for information about individual contracts, please fill section V. Award of contract)

Excluding VAT

Including VAT

VAT rate (%)

Value ,

Currency:

at

,

or

Lowest offer , and

at

,

highest offer ,

taken into consideration

Currency:

3

Standard Form 6 – EN

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SECTION IV: PROCEDURE

IV.1) TYPE OF PROCEDURE

IV.1.1) Type of procedure

Open

Negotiated with a call for competition

Restricted

Negotiated without a call for competition

Award of a contract without prior publication of a contract notice in the Official Journal of the European Union (in the cases listed in points k) and l) in Annex D)

Justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union: please complete Annex D

IV.2) AWARD CRITERIA

IV.2.1) Award criteria (if appropriate)

(Indicate the award criteria under heading V.2.6) if the information is not destined for publication)

Lowest price

or

The most economically advantageous tender

IV.2.2) An electronic auction has been used

yes

no

IV.3) ADMINISTRATIVE INFORMATION

IV.3.1) File reference number attributed by the contracting entity (if applicable)

IV.3.2) Previous publication(s) concerning the same contract

yes

no

If yes (please fill in the appropriate boxes):

Periodic indicative notice

Notice on qualification system

Notice on a buyer profile

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

Contract notice

Simplified contract notice (DPS)

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

Voluntary ex ante transparency notice

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

Other previous publications

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

4

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SECTION V: AWARD OF CONTRACT

V.1) AWARD AND CONTRACT VALUE

CONTRACT NO

LOT NO

TITLE

(Please indicate the identity of successful economic operator(s) and contract value below or in section V.2) if the information is not intended for publication)

V.1.1) Date of contract award decision: // (dd/mm/yyyy)

V.1.2) Number of offers received:

V.1.3) Name and address of economic operator in favour of whom a contract award decision has been taken

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

V.1.4) Information on value of contract (give figures only)

Excluding VAT

Including VAT

VAT rate (%)

Initial estimated total value of the contract (if applicable)

Value: ,

Currency:

at

,

Total final value of the contract

Value: ,

Currency:

at

,

or

Lowest offer , and

at

,

highest offer ,

taken into consideration

Currency:

If annual or monthly value, please give:

number of years:

or number of months:

V.1.5) The contract is likely to be subcontracted (if appropriate)

yes

no

If yes, value or proportion of the contract likely to be subcontracted to third parties (give figures only):

Value excluding VAT: ,

Not known

Currency:

Proportion: , (%)

Short description of the value/proportion of the contract to be subcontracted (if known)

V.1.6) Price paid for bargain purchases (if applicable)

Value excluding VAT (give figures only): ,

Currency:

… (Use this section as many times as needed) …

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V.2) AWARD AND CONTRACT VALUE – MANDATORY INFORMATION NOT INTENDED FOR PUBLICATION

The Commission will respect any sensitive commercial aspects which the contracting entities may point out when forwarding information provided under this section, concerning the number of tenders received, the identity of economic operators, or prices.

(Please complete the headings V.2.1), V.2.4) and V.2.6) for each contract awarded if the information required is not intended for publication and has not been supplied in the preceding sections)

CONTRACT NO

LOT NO

TITLE

V.2.1) Number of offers received:

V.2.2) Number of contracts awarded:

V.2.3) Name and address of economic operator in favour of whom a contract award decision has been taken

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

V.2.4) Total final value of the contract excluding VAT (give figures only)

,

Currency:

V.2.5) Country of origin of the product or service

Community origin

Non-Community origin

Country:

V.2.6) Award criteria

Lowest price

or

The most economically advantageous tender

V.2.7) The contract was awarded to a tenderer who submitted a variant

yes

no

V.2.8) Tenders were excluded on the ground that they were abnormally low

yes

no

… (Use this section as many times as needed) …

6

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SECTION VI: COMPLEMENTARY INFORMATION

VI.1) CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY COMMUNITY FUNDS

yes

no

If yes, reference to project(s) and/or programme(s):

VI.2) ADDITIONAL INFORMATION (if applicable)

VI.3) PROCEDURES FOR APPEAL

VI.3.1) Body responsible for appeal procedures

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

Body responsible for mediation procedures (if applicable)

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

VI.3.2) Lodging of appeals (please fill heading VI.3.2 or, if need be, heading VI.3.3)

Precise information on deadline(s) for lodging appeals:

VI.3.3) Service from which information about the lodging of appeals may be obtained

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax:

VI.4) DATE OF DISPATCH OF THIS NOTICE: // (dd/mm/yyyy)

7

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ANNEX C

SERVICE CATEGORIES REFERRED TO IN SECTION II: OBJECT OF THE CONTRACT

Category No 1

Subject

1

Maintenance and repair services

2

Land transport services 2, including armoured car services, and courier services, except transport of mail

3

Air transport services of passengers and freight, except transport of mail

4

Transport of mail by land 3 and by air

5

Telecommunications services

6

Financial services:

a) Insurances services

b) Banking and investment services 4

7

Computer and related services

8

Research and development services 5

9

Accounting, auditing and bookkeeping services

10

Market research and public opinion polling services

11

Management consulting services 6 and related services

12

Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services

13

Advertising services

14

Building-cleaning services and property management services

15

Publishing and printing services on a fee or contract basis

16

Sewage and refuse disposal services; sanitation and similar services

Category No 7

Subject

17

Hotel and restaurant services

18

Rail transport services

19

Water transport services

20

Supporting and auxiliary transport services

21

Legal services

22

Personnel placement and supply services 8

23

Investigation and security services, except armoured car services

24

Education and vocational education services

25

Health and social services

26

Recreational, cultural and sporting services

27

Other services

1 Service categories within the meaning of Article 31, Annex XVIIA to Directive 2004/17/EC.

2 Except for rail transport services covered by category 18.

3 Except for rail transport services covered by category 18.

4 Except financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, and central bank services.

Also excluded: services involving the acquisition or rental, by whatever financial procedures, of land, existing buildings, or other immovable property or concerning rights thereon; nevertheless, financial services supplied at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to this Directive.

5 Except research and development services other than those where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs on condition that the service provided is wholly remunerated by the contracting authority.

6 Except arbitration and conciliation services.

7 Service categories within the meaning of Article 32, Annex XVIIB to Directive 2004/17/EC.

8 Except employment contracts.

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ANNEX D

JUSTIFICATION FOR THE AWARD OF THE CONTRACT WITHOUT PRIOR PUBLICATION OF A CONTRACT NOTICE IN THE OFFICIAL JOURNAL OF THE EUROPEAN UNION

Please provide hereunder a justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union. This justification must be in accordance with the relevant Articles in Directive 2004/17/EC.

(In terms of Directive 92/13/EEC on Remedies, as amended by Directive 2007/66/EC, the time limit for application for review referred to in Article 2f(1)(a), first indent, can be reduced if the notice contains a justification of the contracting entity’s decision to award the contract without prior publication of a contract notice in the Official Journal of the European Union. In order to benefit from this reduced time limit, please tick the relevant box(es) and provide the additional information below).

Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Article 40(3) of Directive 2004/17/EC

a) No tenders or no suitable tenders in response to:

open procedure,

restricted procedure,

negotiated procedure with prior call for competition.

b) The contract involved is purely for the purpose of research, experiment, study or development under the conditions stated in the Directive.

c) The works/goods/services can be provided only by a particular tenderer for reasons that are:

technical,

artistic,

connected with the protection of exclusive rights.

d) Extreme urgency brought about by events unforeseeable by the contracting entity and in accordance with the strict conditions stated in the Directive.

e) Additional works/deliveries/services are ordered under the strict conditions stated in the Directive.

f) New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive.

g) Service contract awarded to the successful candidate or one of them after a design contest.

h) For supplies quoted and purchased on a commodity market.

i) For the purchase of supplies on particularly advantageous terms:

from a supplier which is definitely winding up its business activities,

from the receivers or liquidators of a bankruptcy, an arrangement with creditors or a similar procedure.

j) For contracts to be awarded on the basis of a framework agreement in conformity with the Directive

Other justification for the award of the contract without prior publication of a contract notice in the OJEU

k) The contract has as its object services listed in Annex XVIIB to the Directive.

l) The contract falls outside the scope of application of the Directive.

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In order to benefit from the reduced time limit referred to above, in addition to the box(es) to be ticked above, please explain in a clear and comprehensive manner why the award of the contract without prior publication of a contract notice in the Official Journal of the European Union is lawful, by stating in any case the relevant facts and, as appropriate, the conclusions of law in accordance with the Articles in Directive 2004/17/EC (500 words maximum).

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ANNEX III

EUROPEAN UNION

Publication of Supplement to the Official Journal of the European Union

2, rue Mercier, 2985 Luxembourg, LUXEMBOURG

Fax +352 2929-42670

E-mail: ojs@publications.europa.eu

Info & on-line forms: http://simap.europa.eu

VOLUNTARY EX ANTE TRANSPARENCY NOTICE

This notice is published by a

contracting authority (covered by Directive 2004/18/EC)

contracting entity (covered by Directive 2004/17/EC)

This notice aims at providing voluntary prior transparency as referred to in Article 2d(4) of Directives 89/665/EEC and 92/13/EEC on Remedies, as amended by Directive 2007/66/EC (information on the award of the contract without prior publication of a contract notice in the Official Journal of the European Union). In order to use this mechanism, the following boxes must be filled in: I.1); II.1.1); II.1.2); II.1.4); II.1.5); V.3) and Annex D. The remaining boxes are optional and can be used to provide any other information deemed useful by the contracting authority.

SECTION I: CONTRACTING AUTHORITY/ENTITY

I.1) NAME, ADDRESSES AND CONTACT POINT(S)

Official name:

Postal address:

Town:

Postal code:

Country:

Contact point(s):

For the attention of:

Telephone:

E-mail (if applicable):

Fax

Internet address(es) (if applicable)

General address of the contracting authority/entity (URL):

Address of the buyer profile (URL):

I.2) TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES (in the case of a contracting authority covered by Directive 2004/18/EC)

Ministry or any other national or federal authority, including their regional or local subdivisions

National or federal agency/office

Regional or local authority

Regional or local agency/office

Body governed by public law

European institution/agency or international organisation

Other (please specify):

General public services

Defence

Public order and safety

Environment

Economic and financial affairs

Health

Housing and community amenities

Social protection

Recreation, culture and religion

Education

Other (please specify):

The contracting authority is purchasing on behalf of other contracting authorities

yes

no

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I.3) MAIN ACTIVITY OR ACTIVITIES OF THE CONTRACTING ENTITY (in the case of a contracting entity covered by Directive 2004/17/EC — ‘Utilities’)

Production, transport and distribution of gas and heat

Electricity

Exploration and extraction of gas and oil

Exploration and extraction of coal and other solid fuels

Water

Postal services

Railway services

Urban railway, tramway, trolleybus or bus services

Port-related activities

Airport-related activities

SECTION II: OBJECT OF THE CONTRACT

II.1) DESCRIPTION

II.1.1) Title attributed to the contract

II.1.2) Type of contract and location of works, place of delivery or of performance

(Choose one category only — works, supplies or services — which corresponds most to the specific object of your contract or purchase(s))

a) Works

b) Supplies

c) Services

Execution

Purchase

Service category:

No

Design and execution

Lease

Realisation, by whatever means of work, corresponding to the requirements specified by the contracting authorities/entities

Rental

Hire purchase

A combination of these

Main site or location of works, place of delivery or of performance

NUTS code

II.1.3) The notice involves (if applicable)

The conclusion of a framework agreement

Contract(s) based on a dynamic purchasing system (DPS)

II.1.4) Short description of the contract or purchase(s)

II.1.5) Common Procurement Vocabulary (CPV)

Main vocabulary

Supplementary vocabulary (if applicable)

Main object

…–

– –

Additional object(s)

…–

…–

…–

…–

– –

– –

– –

– –

II.1.6) Contract covered by the Government Procurement Agreement (GPA)

yes

no

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II.2) TOTAL FINAL VALUE OF CONTRACT(S)

II.2.1) Total final value of contract(s) (give figures only)

(Please give only total final value, including all contracts, lots and options; for information about individual contracts, please fill section V. Award of contract)

Excluding VAT

Including VAT

VAT rate (%)

Value ,

Currency:

at

,

or

Lowest offer ,

at

,

and highest offer ,

taken into consideration

Currency:

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SECTION IV: PROCEDURE

IV.1) TYPE OF PROCEDURE

IV.1.1) Type of procedure

Negotiated without a call for competition

Award of a contract without prior publication of a contract notice in the Official Journal of the European Union (in the cases listed in points l) and m) in Annex D)

Justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union: please complete Annex D in full

IV.2) AWARD CRITERIA

IV.2.1) Award criteria (please tick the relevant box)

Lowest price

or

The most economically advantageous tender in terms of

Criteria (for contracting authorities)

1.

2.

3.

4.

5.

Weighting

Criteria (for contracting authorities)

6.

7.

8.

9.

10.

Weighting

IV.2.2) An electronic auction has been used

yes

no

IV.3) ADMINISTRATIVE INFORMATION

IV.3.1) File reference number attributed by the contracting authority/entity (if applicable)

IV.3.2) Previous publication(s) concerning the same contract

yes

no

If yes (please fill in the appropriate boxes):

Periodic indicative notice

Notice on qualification systems

Prior information notice

Notice on a buyer profile

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

Contract notice

Simplified contract notice (DPS)

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

Other previous publications

Notice number in the OJEU: /S– of // (dd/mm/yyyy)

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SECTION V: AWARD OF CONTRACT

CONTRACT NO

LOT NO

TITLE

V.1) DATE OF CONTRACT AWARD DECISION: // (dd/mm/yyyy)

V.2) NUMBER OF OFFERS RECEIVED:

V.3) NAME AND ADDRESS OF ECONOMIC OPERATOR IN FAVOUR OF WHOM A CONTRACT AWARD DECISION HAS BEEN TAKEN

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail (if applicable):

Telephone:

Internet address (URL) (if applicable):

Fax

V.4) INFORMATION ON VALUE OF CONTRACT (give figures only)

Excluding VAT

Including VAT

VAT rate (%)

Initial estimated total value of the contract (if applicable)

Value: ,

Currency:

at

,

Total final value of the contract

Value: ,

Currency:

at

,

or

Lowest offer , and

at

,

highest offer ,

taken into consideration

Currency:

If annual or monthly value (please give):

number of years:

or number of months:

V.5) THE CONTRACT IS LIKELY TO BE SUBCONTRACTED (if appropriate)

yes

no

If yes, value or proportion of the contract likely to be subcontracted to third parties (give figures only):

Value excluding VAT: ,

Not known

Currency:

Proportion: , (%)

Short description of the value/proportion of the contract to be subcontracted (if known)

… (Use this section as many times as needed) …

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SECTION VI: COMPLEMENTARY INFORMATION

VI.1) CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY COMMUNITY FUNDS

yes

no

If yes, reference to project(s) and/or programme(s):

VI.2) ADDITIONAL INFORMATION (if applicable)

VI.3) PROCEDURES FOR APPEAL

VI.3.1) Body responsible for appeal procedures

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax

Body responsible for mediation procedures (if applicable)

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax

VI.3.2) Lodging of appeals (please fill heading VI.3.2 or, if need be, heading VI.3.3)

Precise information on deadline(s) for lodging appeals:

VI.3.3) Service from which information about the lodging of appeals may be obtained

Official name:

Postal address:

Town:

Postal code:

Country:

E-mail:

Telephone:

Internet address (URL):

Fax

VI.4) DATE OF DISPATCH OF THIS NOTICE: // (dd/mm/yyyy)

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ANNEX C

SERVICE CATEGORIES REFERRED TO IN SECTION II: OBJECT OF THE CONTRACT

Category No 1

Subject

1

Maintenance and repair services

2

Land transport services 2, including armoured car services, and courier services, except transport of mail

3

Air transport services of passengers and freight, except transport of mail

4

Transport of mail by land 3 and by air

5

Telecommunications services

6

Financial services:

a) Insurances services

b) Banking and investment services 4

7

Computer and related services

8

Research and development services 5

9

Accounting, auditing and bookkeeping services

10

Market research and public opinion polling services

11

Management consulting services 6 and related services

12

Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services

13

Advertising services

14

Building-cleaning services and property management services

15

Publishing and printing services on a fee or contract basis

16

Sewage and refuse disposal services; sanitation and similar services

Category No 7

Subject

17

Hotel and restaurant services

18

Rail transport services

19

Water transport services

20

Supporting and auxiliary transport services

21

Legal services

22

Personnel placement and supply services 8

23

Investigation and security services, except armoured car services

24

Education and vocational education services

25

Health and social services

26

Recreational, cultural and sporting services 9

27

Other services

1 Service categories within the meaning of Article 31, Annex XVIIA to Directive 2004/17/EC and/or Article 20, Annex IIA to Directive 2004/18/EC.

2 Except for rail transport services covered by category 18.

3 Except for rail transport services covered by category 18.

4 Except financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, and central bank services.

Also excluded: services involving the acquisition or rental, by whatever financial procedures, of land, existing buildings, or other immovable property or concerning rights thereon; nevertheless, financial services supplied at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to the relevant directive.

5 Except research and development services other than those where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs on condition that the service provided is wholly remunerated by the contracting authority.

6 Except arbitration and conciliation services.

7 Service categories within the meaning of Article 32, Annex VIIB to Directive 2004/17/EC and/or Article 21, Annex IIB to Directive 2004/18/EC.

8 Except employment contracts.

9 Except contracts for the acquisition, development, production or co-production of programme material by broadcasters and contracts for broadcasting time (for contracting authorities).

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ANNEX D

JUSTIFICATION FOR THE AWARD OF THE CONTRACT WITHOUT PRIOR PUBLICATION OF A CONTRACT NOTICE IN THE OFFICIAL JOURNAL OF THE EUROPEAN UNION

Please provide hereunder a justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union. This justification must be in accordance with the relevant articles in Directive 2004/18/EC for contracting authorities or in Directive 2004/17/EC for contracting entities

(please tick the relevant box(es) and provide the additional information below).

Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/EC or 2004/17/EC respectively

a) No tenders or no suitable tenders in response to:

open procedure,

restricted procedure,

negotiated procedure with prior call for competition (for utilities only).

b) The contract involved is purely for the purpose of research, experiment, study or development under the conditions stated in the relevant Directive (for supplies only under Directive 2004/18/EC).

c) The works/goods/services can be provided only by a particular tenderer for reasons that are:

technical,

artistic,

connected with the protection of exclusive rights.

d) Extreme urgency brought about by events unforeseeable by the contracting authority/entity and in accordance with the strict conditions stated in the relevant Directive.

e) Additional works/deliveries/services are ordered under the strict conditions stated in the relevant Directive.

f) New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the relevant Directive.

g) Service contract awarded to the successful candidate or one of them after a design contest.

h) For supplies quoted and purchased on a commodity market.

i) For the purchase of supplies on particularly advantageous terms:

from a supplier which is definitely winding up its business activities,

from the receivers or liquidators of a bankruptcy, an arrangement with creditors or a similar procedure.

j) All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or unacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria (for contracting authorities only).

k) For contracts to be awarded on the basis of a framework agreement in conformity with the relevant Directive (for utilities only).

Other justification for the award of the contract without prior publication of a contract notice in the OJEU

l) The contract has as its object services listed in Annex IIB to Directive 2004/18/EC or in Annex XVIIB to Directive 2004/17/EC.

m) The contract falls outside the scope of application of the relevant Directive.

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In addition to the box(es) to be ticked above, please explain in a clear and comprehensive manner why the award of the contract without prior publication of a contract notice in the Official Journal of the European Union is lawful, by stating in any case the relevant facts and, as appropriate, the conclusions of law in accordance with the articles in the relevant Directive (500 words maximum).

9

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