CELEX: 51987PC0468
Language: en
Date: 1987-10-02
Title: SECOND ALTERATION OF THE PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 77/62/EEC RELATING TO THE COORDINATION OF PROCEDURES ON THE AWARD OF PUBLIC SUPPLY CONTRACTS AND DELETING CERTAIN PROVISIONS OF DIRECTIVE 80/767/EEC

13.11.87                                 Official Journal of the European Communities                                 No C 303/3
                                                                II
                                                        (Preparatory Acts)
                                                  COMMISSION
               Second alteration of the Proposal for a Council Directive amending Directive 77/62/EEC
               relating to the coordination of procedures on the award of public supply contracts and deleting
                                     certain provisions of Directive 80/767/EEC (') (2) (5)
                                                       COM(87) 468 final
               (Submitted by the Commission to the Council pursuant to the third paragraph of Article 149 of the
                                                 EEC Treaty on 2 October 1987)
                                                         (87/C 303/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas "the exclusion of the defence sector from this
                                                                    Directive needs to be clarified by reference to the provisions
Having regard to the Treaty establishing the European               of the EEC Treaty;
Economic Community, and in particular Article 100A
thereof,
                                                                    Whereas it is necessary to amend these Directives in
Having regard to the proposal from the Commission,                  order to incorporate the changes in the GATT
                                                                    Government       Procurement      Agreement       agreed    in
                                                                    December 1986;
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and                     Whereas it is appropriate to lay down the applicable
Social Committee,                                                   thresholds, including the GATT related threshold, in one
                                                                    provision;
 Whereas successive European Councils have drawn
conclusions concerning the need to realize a single internal
market;                                                             Whereas it is necessary through increasing the
                                                                    transparency of the procedures and practices in awarding
Whereas the White Paper on the completion of the                    public supply contracts to improve and extend the
Internal Market fixes an action programme and a                     application of the Directives and better to control the
timetable for the opening of the public supply market;              compliance with the prohibition of restrictions on the
                                                                    free circulation of goods which is the basis of the
Whereas the report on the application of Council                    Directives;
Directives 77/62/EEC (4) and 80/767/EEC (5) submitted
by the Commission to the Council on 14 December 1984
in reply to the resolution of the Council of 21 December            Whereas the opiert procedure best assures the
1976 covered the application of those Directives and                establishment of equality in the conditions of par-
their interpretation;                                               ticipation in the public supply market in all the Member
                                                                    States and thus it is necessary to make the use of this
                                                                    procedure the rule, with the use of other procedures
Whereas it is necessary to develop the conditions of
                                                                    requiring a justification and the establishment of reports
effective competition in the public supply markets and
                                                                    relating to it;
the economic budgetary and industrial benefits which
result from it;
                                                                    Whereas in order to limit the use of the single tender
 Whereas it is necessary to reduce the extent of the sectoral       procedure it is appropriate to create a negotiated
exemption and to specify a time-limit for introducing a             procedure, which exists already in the practice of certain
 Community discipline for procurement in these sectors;             Member States and in addition to define the conditions
                                                                    where extreme urgency can be invoked and the period
                                                                    during which additional deliveries can be carried out;
O O J N o C 173, 11.7. 1986, p. 4.
O OJ No C 161, 19. 6. 1987, p. 10.
(3) Modifications appear in italics.                                Whereas it is necessary to adapt the common rules in the
(4) O J N o L 13. 15. 1. 1977, p. 1.                                technical domain to the new Community policy in
(*) ,OJ No L 215, 18. 8. 1980, p. 1.                                respect of standardization;
 ---pagebreak---  No C 303/4                              Official Journal of the European Communities                                  13.11.87
Whereas all the operations and procedures related to the                  supplier (a natural or legal person) and one of the
 supply activities of the contracting authorities should be               contracting authorities defined in (b) below. The
 made more transparent; whereas to this end it is appro-                  delivery of such products may in addition include
 priate that the contracting authorities make known their                 siting and installation operations.'
 purchasing programmes by means of advance infor-
 mation notices at Community level and that contracting
 authorities which use non-competitive tendering should                                         Article 3
 make known their intention by the same means, so
permitting other potential suppliers to establish and show          Article 2 (2) of the Directive is replaced by the following
their interest in such purchases and that all essential             text:
 information on the conditions under which contracts
 have been awarded should also be made public by the
same method in order to stimulate more interest and                     '2. Save for paragraph 3, this Directive shall not
participation on the part of a greater number of suppliers              apply to:
 at Community level in public supply markets;
                                                                        a) public supply contracts awarded by common air,
Whereas it is necessary to fix certain time-limits in order                  land or sea carriers,
to avoid delays in the transmission of notices on advance
information and awards;
                                                                        b) public supply contracts awarded by contracting
                                                                             authorities whose principal activity lies in the
Whereas it is necessary to extend the time limits for the                    production, transport and distribution of drinking
receipt of requests for participation and tenders in the                     water or energy, nor to those contracting auth-
framework of public supply markets in order to improve                       orities whose principal activity is to offer
the access and participation by a greater number of                          telecommunications services.'
suppliers;
 Whereas it is desirable to place national rules aiming at                                      Article 4
 regional development in a Community context;
                                                                    A new paragraph 3 shall be added after Article 2
                                                                    paragraph 2 of the Directive:
 Whereas the Council will, within a fixed period, decide on
 the Commission proposal for a Directive on monitoring of
 and compliance with EEC Directives on the award of                     '3.     In sectors excluded pursuant to paragraph 2, the
public contracts;                                                       procurement of items not specific to those sectors shall
                                                                        come within the scope of the directive immediately.
Whereas, in view of the conclusions of the said
European Councils, of the provisions of the White Paper
and of the said report, Directive 77/62/EEC should be                   For other procurement in these sectors the Council -shall
amended and certain provisions of Directive                             lay down, on a proposal from the Commission and after
80/767/EEC deleted,                                                     consulting Parliament, rules opening up government
                                                                        tender procedures in these sectors fully to intra-
                                                                         Community competition; in the absence of such rules,
                                                                        this Directive shall also apply to these sectors no later
HAS ADOPTED THIS DIRECTIVE:                                             than 1 July 1990 in a technically-adapted form suitable
                                                                        to these sectors.'
                           TITLE I
                                                                    Article 2 paragraph 3 shall become Article 2 paragraph 4.
         Amendments to the Directive 77/62/EEC
                          Article 1
                                                                                                Article 5
Directive 77/62/EEC is hereby amended in accordance
with this Title.                                                    A new Article 3 shall be added to the Directive.
                          Article 2                                      Article 3
Article 1 (a) of the Directive is replaced by the following
text:                                                                   Without prejudice to Article 6 (1), this Directive shall
                                                                        apply to all products in the sense of Article 1 (a)
'(a) public supply contracts shall be contracts for                     including those covered by contracts awarded by
      pecuniary interest concluded in writing involving the             contracting authorities in the field of defence, except for
      purchase, lease, rental or hire purchase, with or                 the products referred to in Article 223 (1) (b) of the
      without option to buy, of products between a                      Treaty.'
 ---pagebreak--- 13.11.87                               Official Journal of the European Communities                                No C 303/5
                          Article 6                                                           Article 8
                                                                  Article 5 of the Directive becomes Article 6. It shall read:
Article 3 of the Directive becomes Article 4.
                          Article 7                                   Article 6
Article 4 of the Directive becomes Article 5. It shall read:
                                                                      1. (a) The provisions of Titles II, III and IV and of
                                                                              Article 7, under the conditions laid down in
     Article 5                                                                Title I and in Article 5, shall apply to public
                                                                              supply contracts
                                                                              — awarded under the terms and conditions of
    1. Contracting authorities shall use the open                                 Directive      80/767/EEC        by    those
    procedure for the award of public supply contracts.                           contracting authorities listed in Annex I of
                                                                                  that Directive and whose estimated value
                                                                                  net of VAT is not less than ECU 139 000,
    National procedures whereby all interested suppliers                          except those contracts awarded by
    can present an offer shall be subject to the provisions                       contracting authorities in the field of
    relating to the open procedures within the meaning                            defence in respect of products not listed in
    of this Directive.                                                            Annex II to that Directive,
                                                                              — awarded by those contracting authorities
                                                                                  within the meaning of Article I of this
    2. In derogation from paragraph 1 contracting
                                                                                  Directive and whose estimated value net of
    authorities may use an award procedure whereby
                                                                                  VAT is not less than ECU 200 000 except
    only those suppliers invited to do so may submit
                                                                                  those awarded by the contracting auth-
    tenders (restricted procedure) if:
                                                                                  orities listed in Annex I to Directive
                                                                                  80/767/EEC,
         it would otherwise be impossible to maintain a                       — awarded by contracting authorities in the
         balance between the value of the contracts and pro-                      field of defence in respect of those
         cedural costs,                                                           products not listed in Annex II to Directive
                                                                                  80/767/EEC and whose estimated value
                                                                                  net of VAT is not less than ECU 139 000.
         because of the special nature of the goods to be
        supplied, they can be produced only by one producer
         or a limited number of manufacturers.
                                                                         (b) The Directive shall apply to public supply
                                                                             contracts for which the estimated value equals
    3.     Notwithstanding paragraph 1, contracting auth-                    or exceeds the threshold concerned at the time
    orities may, under the condition laid down in Article 7,                 of publication of the notice in accordance with
    use an award procedure whereby the award of a                            Article 10(2).
    contract is negotiated with one or several undertakings
    (single tender or negotiated procedures).
                                                                         (c) The value of the thresholds in national
                                                                             currencies and the threshold of the GATT
    4. Contracting authorities shall draw up a written                       Agreement in terms of the ECU shall be
    report on every contract awarded on the basis of                         revised every two years with effect from
    restricted, negotiated and single tender procedures.                     1 January 1988. The calculation of these
    When each report is drawn up, they shall ensure that                     values shall be based on the average daily
    the report shows the name and address of the                             values of these currencies in terms of the ECU
    contracting authority, the value, quantity and nature                    and of the ECU in terms of the SDR over the
    of the products purchased and the country of origin,                     24 months terminating on the last day of
    determined by the address of the supplier; the number                    October immediately preceding the 1 January
    of requests to participate received; the number of can-                  revision. The values shall be published in the
    didates invited to present an offer and, should the                      Official Journal of the European Communities
    occasion arise, the number of candidates rejected and the                at the beginning of November.
     reasons for their rejection. The report shall also indicate
     in the case of negotiated and single tender procedures
    the circumstances referred to in Article 7 which justify
    the use of these procedures. This report shall be                   (d) The method of calculation laid down in
    communicated to the Commission on demand.'                               subparagraph (c) shall be examined, on the
 ---pagebreak--- No C 303/6                                  Official Journal of the ropean Communities                                    13.11.87
             Commission's initiative, by the Advisory                     2.     The contracting authorities may award their
             Committee for Public Contracts, two years                    supply contracts by single tender in the following
             after its initial application.                               cases:
     2. -In the case of contracts for the lease, rental or
                                                                          (a) when, for technical or artistic reasons, or for
    hire purchase of products, the bases for calculating
                                                                               reasons connected with protection of exclusive
    the estimated contract value shall be:
                                                                               rights, the goods supplied may be manufactured
    — in the case of fixed term contracts, where their                         or delivered only by a particular supplier;
         term is twelve months or less, the calculation
         should be based on the total contract value for its              (b) when the articles involved are manufactured purely
         duration, or, where their term exceeds twelve                        for the purpose of research, experiment, study or
         months its total value including the estimated                        development, this provision not extending to
         residual value,                                                       quantity production      to establish commercial
                                                                               viability or to recover research and development
    — in the case of contracts for an indefinite period or                     costs;
         in cases where there is doubt as to the duration of
         the contracts, the monthly instalment multiplied
         by 48.                                                          (c) in so far as is strictly necessary when, for reasons
                                                                               of extreme urgency brought about by events
    3.     In the case of regular supply contracts or of                       unforseeable by the contracting authorities, the
    contracts which are to be renewed within a given                           time limits laid down for the open and restricted
    time, either the aggregate cost of similar contracts                      procedures cannot be kept. The circumstances
    concluded over the previous fiscal year or 12 months                       invoked to justify extreme urgency must not in
    adjusted, where possible, for anticipated changes in                       any case be attributable to the contracting auth-
    quantity or value over the subsequent 12 months of                         orities;
    the estimated aggregate cost during the 12 months
    following first delivery or during the term of the                   (d) for additional deliveries by the original supplier
    contract where this is greater than 12 months must be                     which are intended either as a partial replacement
    taken as the basis for the application of paragraph 1.                     of normal supplies or installations or as the
    The selection of the valuation method shall not be                        extension of existing supplies or installations
    used with the intention of avoiding the application of                    where a change of supplier would oblige the
    this Article.                                                             contracting authority to acquire material having
                                                                              different techncial characteristics which would
    4.     If a proposed procurement of supplies of the                       result in incompatibility or disproportionate
    same type may lead to contracts being awarded at the                      technical difficulties in operation and main-
    same time in separate parts, the estimated value of                       tenance. The length of such contracts as well as
    the total sum of these parts must be taken as the basis                   that of recurrent contracts may not exceed three
    for the application of paragraphs 1 and 2.                                years;
    5.     In cases where a proposed procurement
    specifies option clauses, the basis for calculating the              (e) when supplies are declared secret or when their
    estimated contract value shall be the highest possible                    delivery must be accompanied by special security
    total of the purchase, lease, rental, or hire-purchase                    measures in accordance with the provisions laid
    permissible, inclusive of the option clauses.                             down by law, regulation or administrative action
                                                                              in force in the Member State concerned or when
    6.     No procurement requirement for a given                             the protection of the basic interests of that State's
    quantity of supplies may be split up with the intention                   security so requires.'
    of avoiding the application of this Article.'
                                                                                                Article 10
                              Article 9
                                                                     Article 7 of the Directive becomes Article 8. Article 8
Article 6 of the Directive becomes Article 7. It shall read:         paragraph 1 shall read:
     'Article 7
                                                                         '1.     The technical specifications defined in Annex II
    1.     The contracting authorities may award their                   shall be given in the general documents or the con-
    supply contracts by negotiated procedure in the                      tractual documents relating to each contract. Without
    absence of tenders or in the event of irregular tenders              prejudice to the legally binding national technical rules
    in response to an open or restrictred procedure or in                in so far as these are compatible with Community law,
    the event of tenders which are unacceptable under                    such technical specifications shall be defined by the
    national provisions that are in accordance with                      contracting authorities by reference to national
    provisions of Title IV, insofar as the original terms                standards implementing European standards, or by
    for the contract are not substantially altered.                      reference to common technical specifications.
 ---pagebreak--- 13.11.87                                  Official Journal of the European Communities                               No C 303/7
    In the absence of European standards or common                       6.     The notices shall be published in full in the
    technical specifications, the technical specifications                Official Journal of the European Communities and in
    may be defined, without prejudice to the principles of               the data bank TED in their original language. A
    equivalence and mutual recognition of national                       summary of the important elements of each notice
     technical specifications, by reference to other                     shall be published in the other official languages of
    documents. In this case it shall be appropriate to make              the Community, the original text alone being
     reference in order of preference to:                                authentic.
     1. national standards implementing            international         The Office for Official Publications of the European
        standards accepted in the country of the contracting             Communities shall publish the notices not later than
        authority;                                                       12 days after their dispatch. In the case of the
                                                                         accelerated procedure referred to in Article 13 this
    2. national standards;                                               period shall be reduced to five days.
    3. any other standard.'                                              7.     The notice shall not be published in the Official
                                                                         Journals or the press of the country of the
Article 7 (2) of the Directive becomes 8 (2).                            contracting authority before the date of its dispatch
                                                                         and it shall mention the latter date. This publication
                                                                         shall not contain information other than that
                           Article 11                                    published in the Official Journal of the European
                                                                         Communities.
Article 8 of the Directive becomes Article 9.
                                                                         8.     The contracting authorities must be able to
                           Article 12                                    supply proof of the date of dispatch.
Article 9 of the Directive becomes Article 10.
                                                                         9.     The cost of publication of the notices in the
It shall read:                                                            Official Journal of the European Communities shall be
                                                                         borne by the Communities. The length of the notice
                                                                         shall not be greater than one page of the journal, that
     Article 10
                                                                         is to say approximately 650 words. Each edition of
                                                                         the Official Journal of the European Communities
4
     1.    Contracting authorities shall make known at the               which contains one or more notices shall reproduce
    beginning of each fiscal year, by means of a notice,                 the model notice or notices on which the published
    the supply contracts which they have the intention                   notice or notices are based.'
    award during the coming 12 months.
                                                                                                Article 13
    2.     Contracting authorities who wish to award a
    public supply contract by open, restricted, negotiated           Article 10 of the Directive becomes Article 11.
    or single tender procedure shall make known their
    intention by means of a notice.                                  Article 11 paragraph 1 shall read:
    3.     Contracting authorities who have awarded a                    '1.     In open procedures the time limit from the
    contract shall make known the result by means of a                   receipt of tenders fixed by the contracting authorities
    notice.                                                              shall not be less than 52 days from the date of
                                                                         dispatch of the notice.'
    4.     The notices referred to in paragraph 1, 2 and 3
    shall be sent as soon as possible by the most appro-                                        Article 14
    priate channels to the Office for Official Publications
    of the European Communities. In the case of the                  Article 11 of the Directive becomes Article 12.
    accelerated procedure referred to in Article 13 the
    notice shall be sent by telex, telegram or telecopier.           Article 12 paragraphs (1), (2) and (3) shall read:
    (a) The notice referred to in paragraph 1 shall be                   '1.     In restricted and negotiated procedures the
         sent at the latest on the last day of the preceding             time-limit for the receipt of requests to participate
         fiscal year;                                                    fixed by the contracting authorities shall not be less
                                                                         than 37 days from the date of dispatch of the notice.
    (b) The notice referred to in paragraph 3 shall be
         sent at the latest 30 days after the award of the               2.     The contracting authorities shall simultaneously
         contract in question.                                           and in writing invite all successful candidates to
                                                                         submit their tenders. The letter of invitation shall be
    5.     The notices shall be drawn up in accordance                   accompanied by the contract documents and sup-
    with the models given in Annex III.                                  porting documents.
 ---pagebreak--- No C 303/8                               Official Journal of the European Communities                                   13.11.87
    3.     In restriced procedures the time limit for receipt                                    Article 20
    of offers fixed by the contracting authorities may not
    be less than 40 days from the date of dispatch of the           Articles 21 to 25 of the Directive become Articles 19 to
    written invitation.'                                            23.
                                                                                                 Article 21
                           Article 15
                                                                    Article 26 of the Directive becomes Article 24.
Article 12 of the Directive becomes Article 13.
                                                                    It shall read:
Article 13 paragraph 1 shall read:
                                                                         Article 24
    '1.     Where urgency renders impracticable the time
                                                                        1.      This Directive shall not prevent, until 31
    limits referred to in Article 12, the contracting auth-
                                                                        December 1992, the application of existing national
    orities may fix the following time limits:
                                                                        provisions which have as their objective the reduction
                                                                        of regional disparities and the promotion of job creation
    (a) a time limit for the receipt of requests to par-                in regions whose development is lagging behind and in
         ticipate which shall not be less than 15 days from             declining industrial regions, on condition that the
         the date of dispatch of the notice;                            provisions concerned are compatible with the Treaty
                                                                        and with the Community's international obligations.
    (b) a time limit for the receipt of tenders which shall
         not be less than 10 days from the date of the                  1.      Paragraph 1 shall be without prejudice to any
         invitation to tender.'                                          initiative on the part of the Commission, notably in the
                                                                        context of Articles 130 A to E of the Treaty, or with a
                                                                        view to prolonging existing national measures in the
                           Article 16
                                                                        context of a Community policy having the objective
Articles 13, 14 and 15 of the Directive shall be deleted.               specified in that paragraph.'
                           Article 17                                                            Article 22
Articles 16 to 18 of the Directive shall .become Articles           Articles 27 and 28 of the Directive become Articles 25
14 to 16.                                                           and 26.
                                                                                                 Article 23
                           Article 18
                                                                    Article 29 of the Directive becomes Article 27. It shall
Article 19 of the Directive becomes Article 17.                     read:
Article 17 paragraph 1 shall read:                                       Article 27
    'I.     In restricted and negotiated procedures the                 In order to allow assessment of the results of
    contracting authorities shall, on the basis of infor-               applying this Directive, Member States shall
    mation given relating to the supplier's personal                    communicate to the Commission not later than
    position as well as to the information and formalities              30 June each year a statistical report relating to the
    necessary for the evaluation of the minimal                         contract awards in the preceding calendar year. This
    conditions of an economic and technical nature to be                report shall detail at least:
    fulfilled by him, select from among the candidates
    with the qualifications required by the Articles 18 to              (a) the number and value of contracts awarded by
    22 those whom they will invite to submit a tender or                      each contracting authority above and below the
    to negotiate/                                                             threshold;
                                                                        (b) the number and value of contracts awarded by
                           Article 19                                         each contracting authority above the threshold
Article 20 of the Directive becomes Article 18. In                            subdivided by procedure, product and the
                                                                              nationality of the supplier to whom the contract
paragraph 1, a new letter (e) is added:
                                                                              has been awarded and, in the case of the single
                                                                              tender procedure subdivided on the basis of Article
'(e) does not fulfil obligations relating to employment                        7 (2) (a) to (e), listing the number and value of
      rights and protection of equal opportunities in                         the contracts awarded to each Member State and
      accordance with the statutory provisions of the country                 to third countries and in the case of Directive
      in which he/she is established.'                                        80/767/EEC, the number and value of the
                                                                              contracts awarded to each signatory of the
Letters (e), (f) and (g) become (f), (g) and (h).                             GATT Agreement on Government Procurement.
 ---pagebreak--- 13.11.87                                Official Journal of the European Communities                                No C 303/9
        The Commission shall determine the nature of                   continuous application of which the compliance is in
        any additional statistical information in consul-              principal not compulsory;
        tation with the Advisory Committee for Public
        Contracts.'                                                3. European standard: the standards approved by the
                                                                       European Committee for Standardization (CEN) or by
                                                                       the European Committee for Electrotechnical Standard-
                         Article 24
                                                                       ization (CENELEC) as "European Standards (EN)" or
A new Article 29 shall be added to the Directive:                      "Harmonization Documents (HD)" according to the
                                                                       common rules of these organizations;
    'Article 29
                                                                   4. Common         technical    specification: the   technical
    On the proposal submitted by the Commission and after              specifications drawn up with a view to uniform
    consulting the European Parliament, the Council shall              application in all Member States of the Community.
    lay down not later than 1 July 1988 provisions for
    appropriate monitoring and measures to ensure                                              Article 27
    compliance with this Directive.'
                                                                   Annex III of Directive 77/62/EEC shall be replaced by
                                                                   the new version attached to this Directive.
                         Article 25
Articles 31 and 32 of the Directive become Articles 30                                         TITLE II
and 31.
                                                                        Deletion of certain provisions of Directive 80/767
                          Article 26
                                                                                               Article 28
Annex II of the Directive shall read:
                                                                   Articles 2, 3, 4, 5 and 6 of Directive SO/767 are deleted.
                          'ANNEX II
                                                                                               TITLE III
        Definition of certain technical specifications
                                                                                           Final provisions
Within the meaning of the present directive the following
terms shall be defined as follows:                                                             Article 29
1. technical specification: the totality of the technical           Member States shall adopt the measures necessary to
   prescriptions contained in particular in the tender             comply with this Directive by 1 March 1988 and shall
   documents defining the characteristics required of a            forthwith inform the Commission thereof.
   product such as the level of quality, performance,
   security or dimensions including the requirements                                           Article 30
   applicable to the product in respect of terminology,             Member States shall ensure that the texts of the basic
   symbols, tests and testing methods, packaging,                   provisions of domestic law, whether laws, regulations or
   marking and labelling which permit a material, a                 administrative provisions, which' they adopt to comply
   product or a supply to be described objectively in a            with this Directive, are communicated to the
   manner such that it fulfills the use for which it is             Commission.
   intended by the contracting authority;
                                                                                               Article 31
2. standard: the technical specification approved by the
   recognized standardizing body for repeated and                  This Directive is addressed to the Member States.
 ---pagebreak--- NoC303/10                              Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s      13.11.87
                                                                 ANNEX
                                       MODEL NOTICES OF SUPPLY CONTRACTS
                                                          A. Open procedures
           1. The name, address, telephone, telegraphic, telex, telecopier number of the contracting authority:
           2. The award procedure chosen:
           3. a) Place of delivery:
              b) Nature and quantity of the goods to be supplied:
              c) Indication whether the suppliers can tender for some and/or all of the goods required:
           4. Time limit for delivery:
           5. a) Name and address of the service where the relevant documents may be requested:
              b) Final date for making such requests:
              c) Where applicable, the amount and terms of payment of any sum payable for such documents:
           6. a) Final date for receipt of tenders:
              b) The address to which they must be sent:
              c) The language or languages in which they must be drawn up:
           7. a) The persons authorized to be present at the opening of tenders:
              b) The date, hour and place of this opening:
           8. ("Where applicable) Any deposits and guarantees required:
           9. The main terms concerning financing and payment and/or references to the provisions regulating
              these:
          10. "Where applicable, the legal form to be taken by the grouping of suppliers winning the contract:
          11. The information and formalities necessary for an appraisal of the minimum economic and technical
              standards required of the supplier:
          12. The period during which the tenderer is bound to keep open his tender:
          13. The criteria for the award of the contract. Criteria other than that of the lowest price shall be
              mentioned if they do not appear in the contract documents:
          14. Other information:
          15. Date of dispatch of the notice:
          16. Date of receipt of the notice by the Publications Office:
 ---pagebreak--- 1 3 . 1 1 . 87                               Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s         N o C 303/11
                                                              B. Restricted procedure
               - 1. The name, address, telephone, telegraphic, telex and telecopier numbers of the awarding authority:
                 2. a) The award procedure chosen:
                    b) Reason for the use of the restricted procedure:
                    c) Where applicable, justification for the use of the accelerated procedure:
                 3. a) The place of delivery:
                    b) The nature and quantity of goods to be delivered:
                    c) Whether the supplier can tender for some and/or all of the goods required:
                 4. Any time limit on delivery:
                 5. Where applicable, the legal form to be assumed by the grouping of suppliers winning the contract:
                 6. a) The final date-for the receipt of requests to participate:
                    b) The address to which they must be sent:
                    c) The language of languages in which they must be drawn up:
                 7. The final date for the dispatch of invitations to tender:
                 8. Information concerning the supplier's own position, and the information and formalities necessary for
                    an appraisal of the minimum economic and technical standards required of him:
                 9. The criteria for the award of the contract if these are not stated in the invitation to tender:
               10. Other information:
               11. Date of dispatch of the notice:
               12. Date of receipt of the notice by the Publications Office:
 ---pagebreak--- No C 303/12                              Official Journal of the European Communities                                13.11. 87
                                                       C. Negotiated Procedure
             1. Name, address, telephone, telegraphic, telex, telecopier numbers of the awarding authority:
             2. a) Award procedure chosen:
                b) Where applicable, justification of the use of the accelerated procedure:
             3. a) The place of delivery:
                b) The nature and quantity of goods to be delivered:
                c) Whether the suppliers can tender for some and/or all of the goods required:
             4. Any time limit on delivery:
             5. Where applicable, the legal form to be assumed by a grouping of suppliers winning the contract:
             6. a) Final date for the receipt of requests to participate:
                b) Address to which they must be sent:
                c) The language(s) in which they must be drawn up:
             7. Information concerning the situation of the supplier as well as the 'nformation and formalities
                necessary for the evaluation of the minimum economic and technical standards to be fulfilled by him:
             8. Where applicable, the names and addresses of suppliers already selected by the awarding authority:
             9. Date(s) of previous publications in the Official Journal of the European Communities:
            10. Other information:
            11. Date of dispatch of the notice:
            12. Date of receipt of the notice by the Publications Office:
 ---pagebreak--- 13.11.87                                Official Journal of the European Communities                            No C 303/13
                                                    D. Single Tender Procedure
         1. Name, address, telephone, telegraphic, telex and telecopier number of the awarding authority:
         2. a) Award procedure chosen:
             b) Justification for the use of the single tender procedure:
         3. a) Place of delivery:
             b) Nature and quantity of goods to be delivered:
         4. Name and address of the supplier:
         5. Invitation to other potential suppliers to present themselves to the award authority:
         6. Other information:
         7. Date of dispatch of the notice:
         8. Date of receipt of the notice by the Publications Office:
                                                         E. Pre-information
         1. Name, address, telephone, telegraphic, telex and telecopier number of the awarding authority and of
             the services from which additional information may be obtained:
         2. Nature and quantity or value of products to be supplied:
         3. Estimated date of the engagement of procedures for the award of the contract(s):
         4. Other information:
         5. Date of dispatch of the notice:
         6. Date of receipt of the notice by the Publications Office:
                                                         F. Contract awards
           1. Name and address of awarding authority:
          2. Award procedure chosen:
           3. Date of award of contract:
          4. Criteria for award of contract:
          5. Number of offers received:
          6. Name and address of supplier(s):
          7. Nature and quantity of goods supplied, where applicable, by supplier:
          8. Price or range of prices:
          9. Other information:
         10. Date of publication of the tender notice in the Official Journal of the European Communities:
         1.1. Date of dispatch of the notice:
         12. Date of receipt of the notice by the Publications Office:'