Article 159

A written record of the evaluation and ranking of requests to participate and tenders declared to satisfy the requirements shall be drawn up and dated. The written record shall be signed by all the members of the evaluation committee. That record may be signed in an electronic system providing sufficient identification of the signatory. If the evaluation committee was not given responsibility to verify the tenders against the exclusion and selection criteria, the written record shall also be signed by the persons who were given that responsibility by the authorising officer responsible. The written record shall be kept for future reference. The written record referred to in paragraph 1 shall contain at least the following: the name and address of the contracting authority, and the subject and value of the contract, the framework contract or the dynamic purchasing system; the names of the candidates or tenderers rejected and the reasons for their rejection; the names of the candidates or tenderers to be examined and the reasons for their selection; the reasons for the rejection of tenders found to be abnormally low; the names of the candidates or contractor proposed and the reasons for that choice and, if known, the proportion of the contract or the framework contract which the contractor intends to subcontract to third parties. The contracting authority shall then take its decision giving at least the following: the name and address of the contracting authority, the subject and value of the contract, or the subject and maximum value of the framework contract or the dynamic purchasing system; the names of the candidates or tenderers rejected and the reasons for their rejection; the names of the candidates or tenderers to be examined and the reasons for their selection; the reasons for the rejection of tenders found to be abnormally low; the names of the candidates or contractor selected and the reasons for that choice by reference to the selection and award criteria announced in advance and, if known, the proportion of the contract or the framework contract which the contractor intends to subcontract to third parties; in the case of negotiated procedures and competitive dialogue, the circumstances referred to in Articles 132, 134, 135, 266, 268, 270 and 271 which justify their use; where appropriate, the reasons why the contracting authority has decided not to award a contract. In the case of a procurement procedure launched on an interinstitutional basis, the decision referred to in the first subparagraph shall be taken by the contracting authority responsible for the procurement procedure.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.