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Defence and Security Procurement Directive In force since 13 July 2009

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
32009L0081 · official text on EUR-Lex

This English text is a careful, terminology-researched translation prepared by eucite.com — not an official government translation. The German original linked above is the legally authoritative text.

Articles

Chapter II Subcontracts awarded by successful tenderers which are contracting authorities/entities

• Article 1 — Definitions
• Article 2 — Scope
• Article 3 — Mixed contracts
• Article 4 — Procurement principles

Chapter I General provisions

• Article 5 — Economic operators
• Article 6 — Confidentiality obligations of contracting authorities/entities
• Article 7 — Protection of classified information

Chapter II Thresholds, central purchasing bodies and exclusion provisions

Section 1 Thresholds

• Article 8 — Threshold amounts for contracts
• Article 9 — Methods for calculating the estimated value of contracts and of framework agreements

Section 2 Central purchasing bodies

• Article 10 — Contracts and framework agreements awarded by central purchasing bodies

Section 3 Excluded contracts

• Article 11 — Use of exclusions
• Article 12 — Contracts awarded pursuant to international rules
• Article 13 — Specific exclusions

Section 4 Special arrangements

• Article 14 — Reserved contracts

Chapter III Arrangements for service contracts

• Article 15 — Service contracts listed in Annex I
• Article 16 — Service contracts listed in Annex II
• Article 17 — Mixed contracts including services listed in Annexes I and II

Chapter IV Specific rules governing contract documentation

• Article 18 — Technical specifications
• Article 19 — Variants
• Article 20 — Conditions for performance of contracts
• Article 21 — Subcontracting
• Article 22 — Security of information
• Article 23 — Security of supply
• Article 24 — Obligations relating to taxes, environmental protection, employment protection provisions and working conditions

Chapter V Procedures

• Article 25 — Procedures to be applied
• Article 26 — Negotiated procedure with publication of a contract notice
• Article 27 — Competitive dialogue
• Article 28 — Cases justifying use of the negotiated procedure without publication of a contract notice
• Article 29 — Framework agreements

Chapter VI Rules on advertising and transparency

Section 1 Publication of notices

• Article 30 — Notices
• Article 31 — Non-mandatory publication
• Article 32 — Form and manner of publication of notices

Section 2 Time-limits

• Article 33 — Time-limits for receipt of requests to participate and for receipt of tenders

Section 3 Information content and means of transmission

• Article 34 — Invitations to tender, negotiate or participate in a dialogue
• Article 35 — Information for candidates and tenderers

Section 4 Communication

• Article 36 — Rules applying to communication

Section 5 Reports

• Article 37 — Content of reports

Chapter VII Conduct of the procedure

Section 1 General provisions

• Article 38 — Verification of the suitability and choice of participants and award of contracts

Section 2 Criteria for qualitative selection

• Article 39 — Personal situation of the candidate or tenderer
• Article 40 — Suitability to pursue the professional activity
• Article 41 — Economic and financial standing
• Article 42 — Technical and/or professional ability
• Article 43 — Quality management systems standards
• Article 44 — Environmental management standards
• Article 45 — Additional documentation and information
• Article 46 — Official lists of approved economic operators and certification by bodies established under public or private law

Section 3 Award of the contract

• Article 47 — Contract award criteria
• Article 48 — Use of electronic auctions
• Article 49 — Abnormally low tenders

Chapter I Subcontracts awarded by successful tenderers which are not contracting authorities/entities

• Article 50 — Scope
• Article 51 — Principles
• Article 52 — Thresholds and rules on advertising
• Article 53 — Criteria for qualitative selection of subcontractors

Chapter II Subcontracts awarded by successful tenderers which are contracting authorities/entities

• Article 54 — Rules to be applied
• Article 55 — Scope and availability of review procedures
• Article 56 — Requirements for review procedures
• Article 57 — Standstill period
• Article 58 — Derogations from the standstill period
• Article 59 — Time-limits for applying for review
• Article 60 — Ineffectiveness
• Article 61 — Infringements of this Title and alternative penalties
• Article 62 — Time-limits
• Article 63 — Corrective mechanism
• Article 64 — Content of a notice for voluntary ex ante transparency
• Article 65 — Statistical obligations
• Article 66 — Content of the statistical report
• Article 67 — Committee procedure
• Article 68 — Revision of thresholds
• Article 69 — Amendments
• Article 70 — Amendment to Directive 2004/17/EC
• Article 71 — Amendment to Directive 2004/18/EC
• Article 72 — Transposition
• Article 73 — Review and reporting
• Article 74 — Entry into force
• Article 75 — Addressees