PART 1
PRELIMINARY PROVISIONS
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Regulation
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1.
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Citation and commencement
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2.
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Object of these Regulations
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3.
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Interpretation
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4.
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Application of these Regulations
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PART 2
ACTIVITIES TO WHICH THESE REGULATIONS APPLY
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CHAPTER 1
Procurement procedures relating to certain specified activities
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5.
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Procurement procedures for suppliers of gas, heat and electricity services
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6.
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Procurement procedures for suppliers of water supply services
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7.
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Procurement procedures for suppliers of transport services
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8.
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Procurement procedures for suppliers of postal services
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9.
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Procurement procedures for entities engaged in exploration for, or extraction of, oil, gas, coal or other solid fuels
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10.
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Procurement procedures of port and airport operators
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CHAPTER 2
Multiple activities
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11.
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Contracts covering several activities
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CHAPTER 3
Contract thresholds
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12.
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Threshold amounts for contracts
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13.
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Methods for calculating the estimated value of contracts, framework agreements and dynamic purchasing systems
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PART 3
CONTRACTS TO WHICH THESE REGULATIONS DO NOT APPLY
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CHAPTER 1
Exclusions
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14.
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Regulations not to apply to certain works and service concessions
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15.
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Contracts awarded for purposes of resale or lease to third parties
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16.
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Contracts awarded for purpose other than carrying out a prescribed activity or for carrying out a prescribed activity in a third country
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17.
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Contracts that are secret or require special security measures
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18.
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Contracts awarded under international rules
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19.
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Contracts awarded to an affiliated undertaking, to a joint venture or to a contracting entity forming part of a joint venture
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CHAPTER 2
Exclusions applicable to service supply contracts only
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20.
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Contracts relating to certain services excluded from the scope of these Regulations
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21.
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Service supply contracts awarded on the basis of an exclusive right
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CHAPTER 3
Exclusions applicable to certain contracting entities
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22.
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Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy
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23.
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Procurement procedures not to be subject to these Regulations when activity is exposed to competition
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PART 4
GENERAL RULES APPLICABLE TO REGULATED CONTRACTS
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24.
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Principles for awarding contracts
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25.
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Economic operators
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26.
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Conditions relating to agreements concluded within the World Trade Organisation
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27.
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Contracting entities not to disclose confidential information
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28.
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Framework agreements
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29.
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Dynamic purchasing systems
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PART 5
RESERVED CONTRACTS AND CENTRAL PURCHASING
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30.
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Contracting entity may reserve award of contracts to persons employed in sheltered workshops
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31.
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Contracts and framework agreements awarded by central purchasing bodies
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PART 6
RULES APPLICABLE TO SERVICE SUPPLY CONTRACTS
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32.
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Service supply contracts listed in Part A of Schedule 6
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33.
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Service supply contracts listed in Part B of Schedule 6
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34.
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Mixed service supply contracts for services listed in both Parts A and B of Schedule 6
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PART 7
MATTERS TO BE SPECIFIED IN CONTRACT OR ASSOCIATED DOCUMENTS
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35.
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Technical specifications
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36.
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Formulation of technical specifications
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37.
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Communication of technical specifications
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38.
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Tenderers may submit variants
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39.
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Contracting entity can ask tenderers to specify their intentions with respect to subcontracting
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40.
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Conditions for performance of contracts
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41.
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Obligations relating to taxes, environmental protection, employment protection provisions and working conditions
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CHAPTER 9
Procedures for awarding contracts
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42.
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Use of open, restricted and negotiated procedures
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PART 8
RULES ON PUBLICATION AND TRANSPARENCY
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CHAPTER 1
Publication of notices
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43.
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Periodic indicative notices and notices on the existence of a system of qualification
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44.
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How calls for competition can be made
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45.
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Contract award notices
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46.
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Form and manner in which notices are to be published
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CHAPTER 2
Time limits
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47.
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Deadline for the receipt of requests to participate and for the receipt of tenders
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48.
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Open procedure: contract specifications and supporting documents to be provided on request
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49.
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Invitations to submit a tender or to negotiate
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CHAPTER 3
Communication and information
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50.
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Rules applicable to communication
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51.
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Information to be given to applicants for qualification, candidates and tenderers
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52.
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Information to be stored concerning awards
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PART 9
CONDUCT OF AWARD PROCEDURE WHEN CONTRACTING ENTITY USES RESTRICTED PROCEDURE OR NEGOTIATED PROCEDURE
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CHAPTER 1
General
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53.
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General provisions for conducting restricted procedure or negotiated procedure
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CHAPTER 2
Qualification and qualitative selection
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54.
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Mutual recognition of administrative, technical or financial conditions, and certificates, tests and evidence
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55.
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Establishment and operation of qualification systems by contracting entities
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56.
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Selection to be in accord with objective rules and criteria
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CHAPTER 3
Awarding a regulated contract
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57.
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Criteria for awarding regulated contract
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58.
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Conduct of electronic auctions
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59.
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Procedure for closing an electronic auction
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60.
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Action to be taken by contracting entity when tenders are abnormally low
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CHAPTER 4
Tenders comprising products originating in third countries
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61.
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Tenders comprising products originating in third countries
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62.
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Responsibility of Minister to inform European Commission of difficulties with third countries as regards regulated contracts
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PART 10
RULES GOVERNING DESIGN CONTESTS FOR SERVICE SUPPLY CONTRACTS
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63.
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Design contests to which this Part applies
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64.
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Design contests excluded from this Part
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65.
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Responsibilities of contracting entity in organising a design contest
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66.
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Rules on advertising and transparency of the European Commission
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67.
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Means of communication applicable to design contests
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68.
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Rules concerning organisation of design contests, selection of participants and the jury
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69.
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Decisions of the jury
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PART 11
MISCELLANEOUS PROVISIONS
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70.
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Minister's responsibilities under these Regulations
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71.
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Revision of the thresholds
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72.
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Amendments
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73.
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Compliance mechanisms
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74.
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Revocation of existing Regulations
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75.
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Transitional arrangement
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SCHEDULES
SCHEDULE 1 - LIST OF ACTIVITIES FOR WORKS CONTRACTS
SCHEDULE 2 - INFORMATION TO BE INCLUDED IN CONTRACT NOTICE
SCHEDULE 3 - NOTICES ON THE EXISTENCE OF A QUALIFICATION SYSTEM
SCHEDULE 4 - PERIODIC INDICATIVE NOTICES
SCHEDULE 5 - INFORMATION TO BE INCLUDED IN THE CONTRACT AWARD NOTICE
SCHEDULE 6 - SERVICES
SCHEDULE 7 - INFORMATION TO BE INCLUDED IN DESIGN CONTEST NOTICE
SCHEDULE 8 - INFORMATION TO BE INCLUDED IN THE RESULTS OF DESIGN CONTEST NOTICES
SCHEDULE 9 - FEATURES CONCERNING PUBLICATION
SCHEDULE 10 -DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS
SCHEDULE 11 - SUMMARY TABLE OF THE TIME-LIMITS PRESCRIBED BY REGULATION 47
SCHEDULE 12 - INTERNATIONAL LABOUR LAW PROVISIONS REFERRED TO IN THE REGULATIONS
SCHEDULE 13 - REQUIREMENTS RELATING TO DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS TO PARTICIPATE, APPLICATIONS FOR QUALIFICATION AS WELL AS PLANS AND PROJECTS IN CONTESTS
SCHEDULE 14 -REQUESTS CONCERNING EXEMPTIONS UNDER REGULATION 23
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