EFSA procurement : why, what, how.
Date: 2022-10-07
Institutions: European Food Safety Authority
Subjects: EU law, European Food Safety Authority, anti-discriminatory measure, competition, contract, equal treatment, financial management, invitation to tender, market access, public procurement, transparency in decision-making

EFSA procurement: 
why, what, HOW

EFSA buys services and supplies through public procurement in line with EU legislation and the basic principles of trans-
parency, equal treatment and non-discrimination, widest competition, proportionality and sound financial management.

When tendering for EFSA procurement procedures, tenderers may bid alone as a single entity or in a joint offer with part-
ners. All tenderers must have access to the EU market to be eligible for the award of EFSA contracts. Tenderers may also 
rely on the use of subcontractors in their offer. Subcontractors may be established in countries which do not have access 
to the EU market, unless specified differently in the individual call for tenders.

HOW ARE  PROCUREMENT CONTRACTS  AWARDED?

OPEN CALL 
FOR TENDERS

NEGOTIATED PROCEDURE
 FOR TENDERS

NEGOTIATED PROCEDURE
WITH NO CALL FOR TENDERS 

For purchases above 140,000 €.
Open to all economic operators with     
EU market access.
Published in EU-OJ with at least 37 days 
to submit offers.

For purchases of any value, a contract 
may be awarded directly to an economic 
operator without the need of a call for 
tenders, in the circumstances described in 
para. 11.1 of Annex 1 of the EU Financial 
Regulation. Examples: 

Monopoly due to ownership / 
protection of exclusive rights.
Extreme urgency due to 
unforeseeable events.

Below 15,000 €
Invite at least 1 
Direct invitation with no advance publicity.
Above 15,000 € and below 60,000 € 
Invite at least 3
Advance publicity on EFSA website for 
expression of interest, then direct invitation.

Above 60,000 € and below 140,000 €
Invite at least 5 
Advance publicity on EFSA website for 
expression of interest, then direct invitation.

TYPE OF CONTRACT

FRAMEWORK 
CONTRACT  

Exact deliverables & 
timing NOT known

DIRECT 
CONTRACT

Exact deliverables & 
timing known

Single   

Cascade  

Re-opening 
competition 

One FWC signed with one contractor 
(individual organisation or consortium).
FWC signed with different contractors 
and assigned order of ranking.
FWC signed with pool of contractors 
which compete for specific assignments.

SPECIFIC 
CONTRACTS/
ORDER
FORMS

Exact deliverables & 
timing known

WHO OWNS CONTRACT DELIVERABLES?

EFSA

CONTRACTOR

EFSA owns contract deliverables with exception of those 
subject to pre-existing intellectual property rights. EFSA can make 
use of the contract deliverables which it owns, without consulting 
the contractor.

Owner only of parts of deliverables subject to pre-existing 
intellectual property rights. 
If the contractor wants to make use of or publish contract 
deliverables owned by EFSA, they must request permission 
from EFSA in advance.

For more details about rules related to EFSA procurement, consult Title VII EU Financial Regulation 2018 and https://www.efsa.europa.eu/en/calls/procurement.
The EFSA Guidance for tenderers explains in detail each step of our procurement procedures. 

EFSA also awards grants to organisations which are designated by their Member State to assist EFSA with its mission and which are included on the Article 36 list of 
Competent Organisations. Find out more from this infographic.

EFSA is the keystone of EU risk assessment regarding food and feed safety. In close collaboration with national authorities in open consultation with its stakeholders, EFSA provides 
independent scientific advice and clear communication on existing and emerging risks.
© European Food Safety Authority, 2022. Reproduction is authorised, except for commercial purposes, provided that the source is acknowledged.
Photo credits: Shutterstock
ISBN 978-92-9499-415-8 | doi:10.2805/148795 | TM-08-22-031-EN-N

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