TITLE I Scope, definitions and general principles

CHAPTER I Subject-matter and definitions

Article 1 Subject-matter and scope: paragraphs 1, 2, 5 and 6

Article 2 Definitions: points (1)-(9), (13)-(16) and (18)-(20)

Article 3 Contracting authorities: paragraphs 1 and 4

Article 4 Contracting entities: paragraphs 1-3

Article 5 Mixed procurement covering the same activity

Article 6 Procurement covering several activities

CHAPTER II Activities

Article 7 Common provisions

Article 8 Gas and heat

Article 9 Electricity

Article 10 Water

Article 11 Transport services

Article 12 Ports and airports

Article 13 Postal services

Article 14 Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels

CHAPTER III Material scope

Section 1 Thresholds

Article 15 Threshold amounts

Article 16 Methods for calculating the estimated value of procurement: paragraphs 1-4 and 7-14

Section 2 Excluded contracts and design contests: special provisions for procurement involving defence and security aspects

Subsection 1 Exclusions applicable to all contracting entities and special exclusions for the water and energy sector

Article 18 Contracts awarded for purposes of resale or lease to third parties: paragraph 1

Article 20 Contracts awarded and design contests organised pursuant to international rules

Article 21 Specific exclusions for service contracts

Article 22 Service contracts awarded on the basis of an exclusive right

Article 23 Contracts awarded by certain contracting authorities for the purchase of water and for the supply of energy or of fuels for the production of energy

Subsection 2 Procurement involving defence and security aspects

Article 24 Defence and security

Article 25 Mixed procurement covering the same activity and involving defence or security aspects

Article 26 Procurement covering several activities and involving defence or security aspects

Article 27 Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules

Subsection 3 Special relations (cooperation, affiliated undertakings and joint ventures)

Article 28 Contracts between contracting authorities

Article 29 Contracts awarded to an affiliated undertaking

Article 30 Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture

Subsection 4 Specific situations

Article 32 Research and development services

CHAPTER IV General principles

Article 36 Principles of procurement

Article 37 Economic operators

Article 39 Confidentiality

Article 40 Rules applicable to communication

Article 41 Nomenclatures

Article 42 Conflicts of interest

TITLE II Rules applicable to contracts

CHAPTER I Procedures

Article 44 Choice of procedures: paragraphs 1, 2 and 4

Article 45 Open procedure

Article 46 Restricted procedure

Article 47 Negotiated procedure with prior call for competition

Article 50 Use of the negotiated procedure without prior call for competition: points (a)–(i)

CHAPTER III Conduct of the procedure

Section 1 Preparation

Article 58 Preliminary market consultations

Article 59 Prior involvement of candidates or tenderers

Article 60 Technical specifications

Article 61 Labels

Article 62 Test reports, certification and other means of proof

Article 63 Communication of technical specifications

Article 64 Variants

Article 65 Division of contracts into lots

Article 66 Setting time limits

Section 2 Publication and Transparency

Article 67 Periodic indicative notices

Article 68 Notices on the existence of a qualification system

Article 69 Contract notices

Article 70 Contract award notices: paragraphs 1, 3 and 4

Article 71 Form and manner of publication of notices: paragraph 1 and first subparagraph of paragraph 5

Article 73 Electronic availability of procurement documents

Article 74 Invitations to candidates

Article 75 Informing applicants for qualification, candidates and tenderers

Section 3 Choice of participants and award of contract

Article 76 General principles

Subsection 1 Qualification and qualitative selection

Article 78 Criteria for qualitative selection

Article 79 Reliance on the capacities of other entities: paragraph 2

Article 80 Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU

Article 81 Quality assurance standards and environmental management standards: paragraphs 1 and 2

Subsection 2 Award of the contract

Article 82 Contract award criteria

Article 83 Life-cycle costing: paragraphs 1 and 2

Article 84 Abnormally low tenders: paragraphs 1-4

CHAPTER IV Contract performance

Article 87 Conditions for performance of contracts

Article 88 Subcontracting

Article 89 Modification of contracts during their term

Article 90 Termination of contracts

TITLE III Particular procurement regimes

CHAPTER I Social and other specific services

Article 91 Award of contracts for social and other specific services

Article 92 Publication of notices

Article 93 Principles of awarding contracts

ANNEXES

Annex I List of activities as set out in point (a) of point 2 of Article 2

Annex V Requirements relating to tools and devices for the electronic receipt of tenders, requests to participate, applications for qualification as well as plans and projects in contests

Annex VI part A Information to be included in the periodic indicative notice (as referred to in Article 67)

Annex VI part B Information to be included in notices of publication of a periodic indicative notice on a buyer profile not used as a means of calling for competition (as referred to in Article 67(1))

Annex VIII Definition of certain technical specifications

Annex IX Features concerning publication

Annex X Information to be included in the notice on the existence of a qualification system (as referred to in point (b) of Article 44(4) and in Article 68)

Annex XI Information to be included in contract notices (as referred to in Article 69)

Annex XII Information to be included in the contract award notice (as referred to in Article 70)

Annex XIII Contents of the invitation to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under Article 74

Annex XIV List of International Social and Environmental Conventions referred to in Article 36(2)

Annex XVI Information to be included in notices of modifications of a contract during its term (as referred to in Article 89(1))

Annex XVII Services referred to in Article 91