Decision (EU) 2020/380 of the European Central Bank of 18 February 2020 amending Decision (EU) 2016/245 laying down the rules on procurement (ECB/2020/10)

‘3 The following thresholds shall apply: (a) for supply and service contracts: the threshold for public supply and service contracts awarded by contracting authorities set out in point (c) of Article 4 of Directive 2014/24/EU; (b) for works contracts: the threshold for public works contracts set out in point (a) of Article 4 of Directive 2014/24/EU; (c) for concession contracts: the threshold for concession contracts set out in Article 8(1) of Directive 2014/23/EU of the European Parliament and of the Council .

‘3 In addition, the ECB may amend a contract in the following cases: (a) where the need for an amendment has been brought about by circumstances which the ECB acting diligently, could not have foreseen, provided that the amendment does not alter the overall nature of the initial contract; or (b) where additional products, services, or works have become necessary which cannot be technically or economically separated from the initial contract without significant inconvenience or substantial duplication of costs. However, the increase in price shall in each single case not exceed 50 % of the initial value of the contract.’;

‘6 A new procurement procedure shall be required for amendments to the initial contract during its term other than those provided for under paragraphs 1 to 5.’;

‘1 The ECB shall award contracts of which the estimated value equals or exceeds the thresholds set out in Article 4(3) by open or restricted procedure. In justified cases the ECB may apply a negotiated procedure, a competitive dialogue or an innovation partnership, under the conditions set out in Articles 12 to 14.’;

‘6 The ECB may decide to award a contract in the form of separate lots and may determine the size and subject matter of such lots.

7 For the calculation of periods, dates and time-limits, Regulation (EEC, Euratom) No 1182/71 of the Council shall apply.

‘2 The ECB may also use the negotiated procedure if only irregular or unacceptable tenders have been obtained in response to an open or restricted procedure or a competitive dialogue. The ECB may refrain from publishing a new contract notice if it includes in the negotiated procedure all of, and only, the tenderers that participated in the initial procedure, were eligible, met the selection criteria and submitted their tenders in accordance with the formal tender requirements. If no tenders or no suitable tenders have been obtained, the ECB may also start a new negotiated procedure without publishing a new notice and without submitting new procurement documents to the tenderers, provided that the initial conditions of the contract are not substantially altered.’;

‘2 For the purpose of concluding a framework agreement, the ECB shall follow the procedures set out in Articles 10 to 14. The contract notice shall specify the scope and envisaged number of framework agreements to be awarded. Specific contracts based on the framework agreement shall be awarded in accordance with the procedures laid down in this Article.’;

‘4 The ECB shall ensure that the information provided by candidates and tenderers is treated and stored in accordance with the principles of confidentiality and integrity and, to the extent personal data is processed, with Regulation (EU) 2018/1725 of the European Parliament and of the Council .

1 If the ECB discovers a lack of precision, an omission or any other type of error in the text of the contract notice, invitation to tender or supporting documents, it shall rectify the error and inform all candidates or tenderers in writing.

2 If candidates or tenderers consider that the ECB’s requirements laid down in the contract notice, the invitation to tender or supporting documents are incomplete, inconsistent or illegal or that the ECB or another candidate or tenderer has infringed the applicable procurement rules, they shall notify their objections to the ECB within 15 days after they become aware of such an irregularity. If the irregularity affects the invitation to tender or other documents sent by the ECB, the time limit shall start to run from the date of receipt of the documents. In other cases, the time limit shall start to run from the time the candidates or tenderers become aware or could reasonably have become aware of the irregularity. The ECB may then either correct or supplement the requirements or remedy the irregularity, or reject the request indicating the reasons for doing so. Objections which are not communicated to the ECB within the time limit may not be raised at a later stage, and candidates or tenderers shall be precluded from raising them in an appeal procedure under Article 39 and in proceedings before the Court of Justice of the European Union.’;

1 This Decision shall enter into force on 1 May 2020.

2 Tender procedures that were started before the entry into force of this Decision shall be completed in accordance with the provisions of Decision (EU) 2016/245 (ECB/2016/2) in force on the date when the tender procedure started. For the purpose of this provision a tender procedure is deemed to be started on the day on which the contract notice was sent to the Official Journal or, in cases where no such notice is required, on the day when the ECB invited one or more suppliers to submit a tender or a proposal.