Article 269

The thresholds and procedures referred to in Article 190 of the Financial Regulation shall be as follows for works contracts: for contracts with a value of EUR 5000000 or more any of the following: an international open invitation to tender within the meaning of Article 127(2) and point (a) of Article 264(2); in view of the characteristics of certain works, an international restricted invitation to tender within the meaning of Article 127(2) and point (a) of Article 264(2); for contracts with a value of EUR 300000 or more but less than EUR 5000000: a local open invitation to tender within the meaning of Article 127(2) and Article 264(2)(b); for contracts with a value of less than EUR 300000: a competitive negotiated procedure within the meaning of paragraph 2 of this Article; Contracts with a value of less than or equal to EUR 20000 may be awarded on the basis of a single tender. Under the negotiated procedure referred to in point (c) of paragraph 1 of this Article, the contracting authority shall draw up a list of at least three contractors 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. 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 the consultation of the contractors, 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. The selection criteria shall cover the capacity of the tenderer to carry out similar contracts, in particular by reference to works carried out in recent years. Once selection is made and since inadmissible tenders have already been eliminated, the only award criterion shall be the price. Each technical and financial bid must be placed in a single sealed envelope, itself placed in a package or outer envelope. The inner 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. At the place and time set in the tender documents, the tenders shall be opened in public by the evaluation committee. At the public tender-opening session, the names of the tenderers, the prices quoted, the provision of the necessary tender guarantee and any other formality which the contracting authority thinks appropriate must be announced.

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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.