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Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (Text with EEA relevance)RecitalsTitle I Definitions, Scope and General Principles (arts. 1-4)Article 1 DefinitionsArticle 2 ScopeArticle 3 Mixed contractsArticle 4 Procurement principlesTitle II Rules on contracts (arts. 5-49)Chapter I General provisions (arts. 5-7)Article 5 Economic operatorsArticle 6 Confidentiality obligations of contracting authorities/entitiesArticle 7 Protection of classified informationChapter II Thresholds, central purchasing bodies and exclusion provisions (arts. 8-14)Section 1 Thresholds (arts. 8-9)Article 8 Threshold amounts for contractsArticle 9 Methods for calculating the estimated value of contracts and of framework agreementsSection 2 Central purchasing bodies (art. 10-draft 10a)Article 10 Contracts and framework agreements awarded by central purchasing bodiesDraft Article 10a Procurement involving contracting authorities/entities from different Member StatesSection 3 Excluded contracts (arts. 11-13)Article 11 Use of exclusionsArticle 12 Contracts awarded pursuant to international rulesArticle 13 Specific exclusionsSection 4 Special arrangements (art. 14)Article 14 Reserved contractsChapter III Arrangements for service contracts (arts. 15-17)Article 15 Service contracts listed in Annex IArticle 16 Service contracts listed in Annex IIArticle 17 Mixed contracts including services listed in Annexes I and IIChapter IV Specific rules governing contract documentation (arts. 18-24)Article 18 Technical specificationsArticle 19 VariantsArticle 20 Conditions for performance of contractsArticle 21 SubcontractingArticle 22 Security of informationArticle 23 Security of supplyArticle 24 Obligations relating to taxes, environmental protection, employment protection provisions and working conditionsChapter V Procedures (arts. 25-draft 29a)Article 25 Procedures to be appliedArticle 26 Negotiated procedure with publication of a contract noticeArticle 27 Competitive dialogueDraft Article 27a Innovation partnershipArticle 28 Cases justifying use of the negotiated procedure without publication of a contract noticeArticle 29 Framework agreementsDraft Article 29a Dynamic purchasing systemChapter VI Rules on advertising and transparency (arts. 30-37)Section 1 Publication of notices (arts. 30-32)Article 30 NoticesArticle 31 Non-mandatory publicationArticle 32 Form and manner of publication of noticesSection 2 Time-limits (art. 33)Article 33 Time-limits for receipt of requests to participate and for receipt of tendersSection 3 Information content and means of transmission (arts. 34-35)Article 34 Invitations to tender, negotiate or participate in a dialogueArticle 35 Information for candidates and tenderersSection 4 Communication (art. 36)Article 36 Rules applying to communicationSection 5 Reports (art. 37)Article 37 Content of reportsChapter VII Conduct of the procedure (arts. 38-49)Section 1 General provisions (art. 38)Article 38 Verification of the suitability and choice of participants and award of contractsSection 2 Criteria for qualitative selection (arts. 39-draft 46b)Article 39 Personal situation of the candidate or tendererArticle 40 Suitability to pursue the professional activityArticle 41 Economic and financial standingArticle 42 Technical and/or professional abilityArticle 43 Quality management systems standardsArticle 44 Environmental management standardsArticle 45 Additional documentation and informationArticle 46 Official lists of approved economic operators and certification by bodies established under public or private lawDraft Article 46a Reduction of the number of otherwise qualified candidates to be invited to participateDraft Article 46b Reduction of the number of tenders and solutionsSection 3 Award of the contract (arts. 47-draft 49a)Article 47 Contract award criteriaArticle 48 Use of electronic auctionsArticle 49 Abnormally low tendersDraft Article 49a Modification of contracts during their termTitle III Rules Applicable to Subcontracting (arts. 50-54)Chapter I Subcontracts awarded by successful tenderers which are not contracting authorities/entities (arts. 50-53)Article 50 ScopeArticle 51 PrinciplesArticle 52 Thresholds and rules on advertisingArticle 53 Criteria for qualitative selection of subcontractorsChapter II Subcontracts awarded by successful tenderers which are contracting authorities/entities (art. 54)Article 54 Rules to be appliedTitle IV Rules to be Applied to Reviews (arts. 55-64)Article 55 Scope and availability of review proceduresArticle 56 Requirements for review proceduresArticle 57 Standstill periodArticle 58 Derogations from the standstill periodArticle 59 Time-limits for applying for reviewArticle 60 IneffectivenessArticle 61 Infringements of this Title and alternative penaltiesArticle 62 Time-limitsArticle 63 Corrective mechanismArticle 64 Content of a notice for voluntary ex ante transparencyTitle V Statistical obligations, Executory Powers and Final Provisions (arts. 65-75)Article 65 Statistical obligationsArticle 66 Content of the statistical reportArticle 66a Exercise of the delegationArticle 66b Urgency procedureArticle 67 Committee procedureArticle 68 Revision of thresholdsArticle 69 AmendmentsArticle 70 Amendment to Directive 2004/17/ECArticle 71 Amendment to Directive 2004/18/ECArticle 72 TranspositionArticle 73 Review and reportingArticle 74 Entry into forceArticle 75 AddresseesAnnex I Services referred to in Articles 2 and 15Annex II Services referred to in Articles 2 and 16Annex III Definition of certain technical specifications referred to in Article 18Annex IV Information to be included in the notices referred to in Article 30Annex V Information to be included in the subcontract notices referred to in Article 52Annex VI Features concerning publicationAnnex VII RegistersAnnex VIII Requirements relating to devices for the electronic receipt of requests to participate and tendersDone at
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AI Summary of Title II Rules on contracts (arts. 5-49)

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Version status: | Document consolidation status: Updated to reflect all known changes
Version date: 20 August 2009 - onwards

Title II Rules on contracts (arts. 5-49)

Future version Draft proposed change
Chapter I General provisions (arts. 5-7)
Article 5 Economic operators
Article 6 Confidentiality obligations of contracting authorities/entities
Article 7 Protection of classified information
Chapter II Thresholds, central purchasing bodies and exclusion provisions (arts. 8-14)
Section 1 Thresholds (arts. 8-9)
Article 8 Threshold amounts for contracts
Article 9 Methods for calculating the estimated value of contracts and of framework agreements
Section 2 Central purchasing bodies (art. 10-draft 10a)
Article 10 Contracts and framework agreements awarded by central purchasing bodies
Draft Article 10a Procurement involving contracting authorities/entities from different Member States
Section 3 Excluded contracts (arts. 11-13)
Article 11 Use of exclusions
Article 12 Contracts awarded pursuant to international rules
Article 13 Specific exclusions
Section 4 Special arrangements (art. 14)
Article 14 Reserved contracts
Chapter III Arrangements for service contracts (arts. 15-17)
Article 15 Service contracts listed in Annex I
Article 16 Service contracts listed in Annex II
Article 17 Mixed contracts including services listed in Annexes I and II
Chapter IV Specific rules governing contract documentation (arts. 18-24)
Article 18 Technical specifications
Article 19 Variants
Article 20 Conditions for performance of contracts
Article 21 Subcontracting
Article 22 Security of information
Article 23 Security of supply
Article 24 Obligations relating to taxes, environmental protection, employment protection provisions and working conditions
Chapter V Procedures (arts. 25-draft 29a)
Article 25 Procedures to be applied
Article 26 Negotiated procedure with publication of a contract notice
Article 27 Competitive dialogue
Draft Article 27a Innovation partnership
Article 28 Cases justifying use of the negotiated procedure without publication of a contract notice
Article 29 Framework agreements
Draft Article 29a Dynamic purchasing system
Chapter VI Rules on advertising and transparency (arts. 30-37)
Section 1 Publication of notices (arts. 30-32)
Article 30 Notices
Article 31 Non-mandatory publication
Article 32 Form and manner of publication of notices
Section 2 Time-limits (art. 33)
Article 33 Time-limits for receipt of requests to participate and for receipt of tenders
Section 3 Information content and means of transmission (arts. 34-35)
Article 34 Invitations to tender, negotiate or participate in a dialogue
Article 35 Information for candidates and tenderers
Section 4 Communication (art. 36)
Article 36 Rules applying to communication
Section 5 Reports (art. 37)
Article 37 Content of reports
Chapter VII Conduct of the procedure (arts. 38-49)
Section 1 General provisions (art. 38)
Article 38 Verification of the suitability and choice of participants and award of contracts
Section 2 Criteria for qualitative selection (arts. 39-draft 46b)
Article 39 Personal situation of the candidate or tenderer
Article 40 Suitability to pursue the professional activity
Article 41 Economic and financial standing
Article 42 Technical and/or professional ability
Article 43 Quality management systems standards
Article 44 Environmental management standards
Article 45 Additional documentation and information
Article 46 Official lists of approved economic operators and certification by bodies established under public or private law
Draft Article 46a Reduction of the number of otherwise qualified candidates to be invited to participate
Draft Article 46b Reduction of the number of tenders and solutions
Section 3 Award of the contract (arts. 47-draft 49a)
Article 47 Contract award criteria
Article 48 Use of electronic auctions
Article 49 Abnormally low tenders
Draft Article 49a Modification of contracts during their term
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