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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 Article 5 Economic operators

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Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 21 August 2009 - onwards
Version 2 of 2

Article 5 Economic operators

1. Candidates or tenderers which, under the law of the Member State in which they are established, are entitled to provide the relevant service, shall not be rejected solely on the ground that, under the law of the Member State in which the contract is awarded, they would be required to be either natural or legal persons.

However, in the case of service and works contracts as well as supply contracts covering in addition services and/or siting and installation operations, legal persons may be required to indicate in the tender or the request to participate the names and relevant professional qualifications of the staff to be responsible for the performance of the contract in question.

2. Groups of economic operators may submit tenders or put themselves forward as candidates. In order to submit a tender or a request to participate, these groups may not be required by the contracting authorities/entities to assume a specific legal form; however, the group selected may be required to do so when it has been awarded the contract, to the extent that this change is necessary for the satisfactory performance of the contract.

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