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Procurement

Procurement policy and procedure


Eurojust is in constant need of goods and services to function optimally and maintain an effective organisation.

What is procurement?

Procurement is a structured procedure designed to consult the market for the purchase of these goods and services. A procurement procedure leads to the conclusion of a public contract.

The purpose of a procurement procedure is threefold:

  • To guarantee the widest possible participation of economic operators;
  • To ensure the transparency of operations; and
  • To obtain the desired quality of services, supplies and works at the best possible price.

Offers submitted in the context of a procurement procedure are called “tenders”. An economic operator who has submitted a tender is referred to as a “tenderer”.

Procurement rules applicable to Eurojust

In accordance with Article 74 of the Eurojust Financial Regulation, Eurojust complies with the Financial Regulation applicable to the general budget of the Union (Regulation (EU, EURATOM) No 966/2012 of the European Parliament and of the Council) and its Rules of Application (Commission Delegated Regulation (EU) No 1268/2012). The Financial Regulation and its Rules of Application took over the provisions of the Directive 2004/18/EC.

Conditions for tendering

Eligibility to tender: exclusion criteria

Candidates or tenderers shall be excluded from participation in procurement procedures if:

(a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

(b) they or persons having powers of representation, decision making or control over them have been convicted of an offence concerning their professional conduct by a judgment of a competent authority of a Member State which has the force of res judicata;

(c) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify including by decisions of the EIB and international organisations;

(d) they are not in compliance with their obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed;

(e) they or persons having powers of representation, decision making or control over them have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation, money laundering or any other illegal activity, where such illegal activity is detrimental to the Union's financial interests;

(f) they are subject to an administrative penalty referred to in Article 106(1) of the Financial Regulation. (Regulation (EU, EURATOM) No 966/2012 of the European Parliament and of the Council).

In addition, a contract shall not be awarded to tenderers who, during the procurement procedure for this contract:

  • are subject to a conflict of interest;
  • are guilty of misrepresentation in supplying the information required by Eurojust as a condition of participation in the procurement procedure or fail to supply this information;
  • find themselves in one of the situations of exclusion referred to in Article 106(1) of the Financial Regulation. (Regulation (EU, EURATOM) No 966/2012 of the European Parliament and of the Council) for this procurement procedure.

Any attempt by tenderers to obtain confidential information, enter into unlawful agreements with competitors or influence the evaluation committee or Eurojust during the process of examining, clarifying, evaluating and comparing tenders, will lead to the rejection of their offer and may result in administrative penalties.

Capacity to perform the contract: selection criteria

Tenderers shall have overall capabilities (technical, professional, economic, financial, legal) to perform the contract. If one of the selection criteria listed below is not met, their tender may not be further evaluated:

  • Economic and financial capacity: tenderers must prove that they are in a stable financial position and that they have the financial capacity to provide the required supplies and/or services;
  • Technical and professional capacity: tenderers must have proven experience in providing supplies and/or services as stated in the tender specifications and a professional capacity appropriate to the required supplies and/or services;
  • Legal capacity: tenderers must prove that they are authorised to perform the contract under national law.

Evaluation of tenders

Once the tenderer has demonstrated the appropriate capacity to perform the contract on the grounds of the Selection Criteria, the offer will be assessed on the basis of Award Criteria, which serve to identify the most economically advantageous tender.

How to participate?

Eurojust calls for tenders for the supply of goods, services and works are advertised here on the Eurojust website, once mandatory publication has taken place in the Official Journal of the European Union (http://ted.europa.eu).

If you wish to participate in current calls for tender by Eurojust, please go to the page on Ongoing calls for tenders. All related documentation can be downloaded directly from this webpage.

Eurojust also regularly organises negotiated procurement procedures for low value contracts. These procedures are advertised on the Low-value contracts section of our website. We invite you to periodically check this page for updates and any relevant documentation. Eurojust’s Completed calls for tenders are also available for consultation.

Contacting Eurojust's Procurement Office

If you require further information on calls for tenders or related matters, please contact us at:

Eurojust
Procurement Office
PO Box 16183
2500 BD The Hague
The Netherlands
Fax: +31 70 412 5585
E-mail: Procurement Office

Remedies

The court responsible for hearing appeal procedures is the General Court of the European Union. The European Ombudsman investigates complaints about maladministration in the institutions and bodies of the European Union.