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Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (Text with EEA relevance)RecitalsTitle I Scope, Definitions and General Principles (arts. 1-42)Chapter I Subject-matter and definitions (arts. 1-6)Article 1 Subject-matter and scopeArticle 2 DefinitionsArticle 3 Contracting authoritiesArticle 4 Contracting entitiesArticle 5 Mixed procurement covering the same activityArticle 6 Procurement covering several activitiesChapter II Activities (arts. 7-14)Article 7 Common provisionsArticle 8 Gas and heatArticle 9 ElectricityArticle 10 WaterArticle 11 Transport servicesArticle 12 Ports and airportsArticle 13 Postal servicesArticle 14 Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuelsChapter III Material scope (arts. 15-35)Section 1 Thresholds (arts. 15-17)Article 15 Threshold amountsArticle 16 Methods for calculating the estimated value of procurementArticle 17 Revision of the thresholdsSection 2 Excluded contracts and design contests; special provisions for procurement involving defence and security aspects (arts. 18-35)Subsection 1 Exclusions applicable to all contracting entities and special exclusions for the water and energy sectors (arts. 18-23)Article 18 Contracts awarded for purposes of resale or lease to third partiesArticle 19 Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third countryArticle 20 Contracts awarded and design contests organised pursuant to international rulesArticle 21 Specific exclusions for service contractsArticle 22 Service contracts awarded on the basis of an exclusive rightArticle 23 Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energySubsection 2 Procurement involving defence and security aspects (arts. 24-27)Article 24 Defence and securityArticle 25 Mixed procurement covering the same activity and involving defence or security aspectsArticle 26 Procurement covering several activities and involving defence or security aspectsArticle 27 Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rulesSubsection 3 Special relations (cooperation, affiliated undertakings and jointventures)(arts. 28-31)Article 28 Contracts between contracting authoritiesArticle 29 Contracts awarded to an affiliated undertakingArticle 30 Contracts awarded to a joint venture or to a contracting entity forming part of a joint ventureArticle 31 Notification of informationSubsection 4 Specific situations (arts. 32-33)Article 32 Research and development servicesArticle 33 Contracts subject to special arrangementsSubsection 5 Activities directly exposed to competition and procedural provisions relating thereto (arts. 34-35)Article 34 Activities directly exposed to competitionArticle 35 Procedure for establishing whether Article 34 is applicableChapter IV General principles (arts. 36-42)Article 36 Principles of procurementArticle 37 Economic operatorsArticle 38 Reserved contractsArticle 39 ConfidentialityArticle 40 Rules applicable to communicationArticle 41 NomenclaturesArticle 42 Conflicts of interestTitle II Rules Applicable To Contracts (arts. 43-90)Chapter I Procedures (arts. 43-50)Article 43 Conditions relating to the GPA and other international agreementsArticle 44 Choice of proceduresArticle 45 Open procedureArticle 46 Restricted procedureArticle 47 Negotiated procedure with prior call for competitionArticle 48 Competitive dialogueArticle 49 Innovation partnershipArticle 50 Use of the negotiated procedure without prior call for competitionChapter II Techniques and instruments for electronic and aggregated procurement (arts. 51-57)Article 51 Framework agreementsArticle 52 Dynamic purchasing systemsArticle 53 Electronic auctionsArticle 54 Electronic cataloguesArticle 55 Centralised purchasing activities and central purchasing bodiesArticle 56 Occasional joint procurementArticle 57 Procurement involving contracting entities from different Member StatesChapter III Conduct of the procedure (arts. 58-86)Section 1 Preparation (arts. 58-66)Article 58 Preliminary market consultationsArticle 59 Prior involvement of candidates or tenderersArticle 60 Technical specificationsArticle 61 LabelsArticle 62 Test reports, certification and other means of proofArticle 63 Communication of technical specificationsArticle 64 VariantsArticle 65 Division of contracts into lotsArticle 66 Setting time limitsSection 2 Publication and Transparency (arts. 67-75)Article 67 Periodic indicative noticesArticle 68 Notices on the existence of a qualification systemArticle 69 Contract noticesArticle 70 Contract award noticesArticle 71 Form and manner of publication of noticesArticle 72 Publication at national levelArticle 73 Electronic availability of procurement documentsArticle 74 Invitations to candidatesArticle 75 Informing applicants for qualification, candidates and tenderersSection 3 Choice of participants and award of contracts (arts. 76-84)Article 76 General principlesSubsection 1 Qualification and qualitative selection (arts. 77-81)Article 77 Qualification systemsArticle 78 Criteria for qualitative selectionArticle 79 Reliance on the capacities of other entitiesArticle 80 Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EUArticle 81 Quality assurance standards and environmental management standardsSubsection 2 Award of the contract (arts. 82-84)Article 82 Contract award criteriaArticle 83 Life-cycle costingArticle 84 Abnormally low tendersSection 4 Tenders comprising products originating in third countries and relations with those countries (arts. 85-86)Article 85 Tenders comprising products originating in third countriesArticle 86 Relations with third countries as regards works, supplies and service contractsChapter IV Contract performance (arts. 87-90)Article 87 Conditions for performance of contractsArticle 88 SubcontractingArticle 89 Modification of contracts during their termArticle 90 Termination of contractsTitle III Particular Procurement Regimes (arts. 91-98)Chapter I Social and other specific services (arts. 91-94)Article 91 Award of contracts for social and other specific servicesArticle 92 Publication of noticesArticle 93 Principles of awarding contractsArticle 94 Reserved contracts for certain servicesChapter II Rules governing design contests (arts. 95-98)Article 95 ScopeArticle 96 NoticesArticle 97 Rules on the organisation of design contests, the selection of participants and the juryArticle 98 Decisions of the juryTitle IV Governance (arts. 99-102)Article 99 EnforcementArticle 100 Individual reports on procedures for the award of contractsArticle 101 National reporting and statistical informationArticle 102 Administrative cooperationTitle V Delegated Powers, Implementing Powers And Final Provisions (arts. 103-110)Article 103 Exercise of the delegationArticle 104 Urgency procedureArticle 105 Committee procedureArticle 106 Transposition and transitional provisionsArticle 107 RepealArticle 108 ReviewArticle 109 Entry into forceArticle 110 AddresseesAnnex I List of Activities as Set Out in Point (A) of Point 2 of Article 2Annex II List of Union Legal Acts Referred to in Article 4(3)Annex III List of Union Legal Acts Referred to in Article 34(3)Annex IV Deadlines for the Adoption of the Implementing Acts Referred to in Article 35Annex 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 ContestsAnnex VIAnnex VI, Part A Information to be Included in the Periodic Indicative NoticeAnnex 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 CompetitionAnnex VII Information to be Included in the Procurement Documents Relating to Electronic Auctions (Article 53(4))Annex VIII Definition of Certain Technical SpecificationsAnnex IX Features Concerning PublicationAnnex X Information to be Included in the Notice on the Existence of a Qualification SystemAnnex XI Information to be Included in Contract NoticesAnnex XII Information to be Included in the Contract Award NoticeAnnex XIII Contents of the Invitations to Submit a Tender, Participate in the Dialogue, to Negotiate or to Confirm Interest Provided for under Article 74Annex XIV List of International Social and Environmental Conventions Referred to in Article 36(2)Annex XV List of Union Legal Acts Referred to in Article 83(3)Annex XVI Information to be Included In Notices of Modifications of a Contract During its TermAnnex XVII Services Referred to in Article 91Annex XVIII Information to be Included in Notices Concerning Contracts for Social and other Specific ServicesAnnex XIX Information to be Included in the Design Contest NoticeAnnex XX Information to be Included in the Results of Design Contest NoticesAnnex XXI Correlation TableDone at
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Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 17 April 2014 - onwards
Version 2 of 2

Article 36 Principles of procurement

1. Contracting entities shall treat economic operators equally and without discrimination and shall act in a transparent and proportionate manner.

The design of the procurement shall not be made with the intention of excluding it from the scope of this Directive or of artificially narrowing competition. Competition shall be considered to be artificially narrowed where the design of the procurement is made with the intention of unduly favouring or disadvantaging certain economic operators.

2. Member States shall take appropriate measures to ensure that in the performance of public contracts economic operators comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex XIV.

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