Article 265

The thresholds and procedures referred to in Article 190 of the Financial Regulation shall be as follows for service contracts: for contracts with a value of EUR 300000 or more: an international restricted invitation to tender within the meaning of Article 127(2) and Article 264(2)(a); an international open invitation to tender within the meaning of Article 127(2) and Article 264(2)(a); for contracts with a value of less than EUR 300000: competitive negotiated procedure within the meaning of paragraph 3 of this Article, or a framework contract. Contracts with a value of less than or equal to EUR 20000 may be awarded on the basis of a single tender. Payments for amounts less than or equal to EUR 2500 in respect of item of expenditure may consist simply in payment against invoices without prior acceptance of a tender. In the international restricted procedure referred to in point (a) of paragraph 1, the contract notice shall state the number of candidates who will be invited to submit tenders. For service contracts at least four candidates shall be invited. The number of candidates allowed to submit tenders must be sufficient to ensure genuine competition. The list of selected candidates shall be published on the Commission’s internet site. If the number of candidates satisfying the selection criteria or the minimum capacity levels is less than the minimum number, the contracting authority may invite to submit a tender only those candidates who satisfy the criteria to submit a tender. Under the negotiated procedure referred to in point (b) of paragraph 1, the contracting authority shall draw up a list of at least three tenderers of its choice. The procedure involves limited competitive tendering, without publication of a notice and shall be known as a competitive negotiated procedure not covered by Article 129. Tenderers for the competitive negotiated procedure may be chosen from an appropriately advertised list of vendors as referred to in Article 136(1)(b). That list shall be drawn up following a call for expression of interest and shall be valid for no more than five years from the date of advertisement. That list may include sub-lists. Any interested person may submit an application at any time during the period of validity of the list, except for the last three months of that period. Where a contract is to be awarded the contracting authority shall invite all vendors entered on the relevant list or sub-list to submit a tender. Tenders shall be opened and evaluated by an evaluation committee with the necessary technical and administrative expertise. The members of the evaluation committee must sign a declaration of impartiality. If following consultation of the tenderers, the contracting authority receives only one tender that is administrative and technically valid, the contract may be awarded provided that the award criteria are met. For legal services according to the CPV nomenclature, the contracting authorities may use the competitive negotiated procedure, whatever is the estimated value of the contract. The bids shall be sent in a package or outer envelope containing two separate sealed envelopes, one bearing the words ‘Envelope A — Technical bid’ and the other the words ‘Envelope B — Financial bid’. The outer envelope shall bear: the address indicated in the tender documents for the submission of tenders; the reference to the call for tenders to which the tenderer is responding; where appropriate, the numbers of the lots for which a tender is being submitted; the phrase ‘Not to be opened before the tender-opening session’, in the language of the tender documents. If interviews were envisaged in the tender documents, the evaluation committee may interview the principal members of the team of experts proposed in the technically acceptable bids, after establishing its written provisional conclusions and before definitively concluding the evaluation of the technical bids. In such cases the experts shall be interviewed by the evaluation committee, preferably collectively if they form a team, and at intervals close enough to allow comparisons to be made. Interviews shall be conducted in accordance with a standard model agreed in advance by the selection board and applied to all the experts or teams called for interview. The date and time of the interview must be communicated to the tenderers at least 10 calendar days in advance. In cases of force majeure, preventing the tenderer from attending the interview, a new date and time must be sent to the tenderer. The contract award criteria shall serve to identify the tender offering best value for money. The tender offering best value for money shall be selected using an 80/20 weighting distribution between technical quality and price. For that purpose: the score awarded to the technical bids shall be multiplied by 0,80; the score awarded to the price bids shall be multiplied by 0,20.

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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.